Introduction To Law And Religion Flashcards
Adoption of Christianity as the official religion of the Roman Empire
4th century
When was the break with Rome?
1534
Some examples of law and religion in Europe
Art 9 ECHR Strasbourg Article 18 of the declaration of human rights, freedom of thought and conscience
How is law and religion structured in Europe
SeparationState churchCooperation
Ecclesiastical law society founded
1987 The journal now regularly discusses the international law of religion The growth of law and religion
What’s the issue with defining law and religion?
Most books don’t define it
What do people that study international human rights say is the definition of religion?
Religious freedom Look at art 9. And art 18. Declaration HR
Pope John Paul II in his letter evangelium vitae
It is the moral values of religion that underpin the human rights act
Beckford and Richardson
Religion is regulated internally and externally
Definition of religion law
The external national and international laws which affect religious groups and individuals
Case law example of religion law
Maga12 year old boySexually abusedThe priest was held as an employee
Legislative examples of religion law
ECHR religious freedom (obviously needs ratification to be incorporated into domestic law)Article 18The convention on the rights of the child 1989
Where has very little Strasbourg jurisprudence?
France
Where has the ECHR been used?
To promote religious eduction in public schools (Poland)Religious freedom (Romania)
Where are judicial decisions important?
In states with common law traditions U.K.IrelandCyprus
Where has civil law?
Italy Spain
Where is religious jurisprudence particularly rich?
The German constitutional court
Definition of religious law
The INTERNAL laws created by religious groups themselves, which affects members of those groups (includes rules found in sacred texts) is
Islamic sacred texts
Quran Sunna
What is law and religion?
At LEAST the study of both religion law and religious law
What’s the background to ecclesiastical courts?
Used to have ecclesiastical courts and temporal courts
What are the three possible definitions of ecclesiastical law?
- law made by a church for itself- the law created by the state for the church - the law of the Church of England to the exclusion of all other law applicable to other churches
Who argues that ecclesiastical law is the law of the Church of England to the exclusion of all other law applicable to other churches?
M hill
What definition of the ecclesiastical law would canons fall under?
1 and 3
