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
What definition of ecclesiastical law would the Church of England assembly act 1919 fall under?
2 and 3
The background to the word ecclesiastical And what view does it go with
Ekklesia (Greek) and ecclesia (Roman) A church of a group of Christians Goes with view 1
European definition of Catholicism
The exercise of jurisdiction through institutionsInvolve a missionWorshipTeaching
What does denning argue about ecclesiastical law?
General- law relating to the Church of England Technical- the law administered by ecclesiastical courts or persons We need to look at what the law governs to decide what it is
The background to the word cannon law
Kanon (Greek) something we erasure conduct by
What’s wrong with canon law as a definition?
Too much Christian associationReligious pluralism and secularisationIncreased migration
How can canon law be interpreted?
Either narrowly or widely- the laws of the church OR- as a synonym for ecclesiastical law
The definition of law on religion issues
May exclude the study of laws of general applicability that happen to affect religious individuals or groups
What does Douglas argue?
Maybe we should look at family law
How is family law similar to religion law
- the goal was stable life and must be respected internally and externally (HRA)- it has grown with social change - many different legal fields impact it
What is the European law on religion is more concerned about?
The external law and religious freedom
The European consortium for church and state research
Annual meetings focus on what we define as religion law
Davie argues
A shared European approach to religion
Ferrari argues
We should look at the legal substance of the law and this will show us the European approach
Doe…
Speaks of common law in Europe
The European definition of ecclesiastical law
The law creates by the state for the church
The English definition of law and religion
The law of the Church of England to the exclusion of all other law applicable to other churches
There is a distinction between internal ecclesiastical law and external
Huizing Internal- the basic juridical relations within the church External- the juridical relations between church and state
What type of ecclesiastical law is focused on?
External And how much they accommodate religious difference
What could we look at instead of ecclesiastical law?
Internal religious law and external national and international laws affecting religion
Some examples of what law and religion is
2002- girl not being allowed to wear a hijab to school2008- archbishop of Canterbury deliver a lecture on the interaction between English and Islamic law 2001- 9/11 how much should religion be accommodated? Art 9. ECHR
European consortium for church and state research
Annual meeting focus on what we define as religion law
A shared European approach to religion
DavieDoe
European definition of ecclesiastical law
The law created by the state for the church
English definition for ecclesiastical law
The law of the Church of England to the exclusion of all other law applicable to other churches
Huizing
Both internal (within the church) and external (juridical relations between church and state) ecclesiastical law Texts mainly concerned with the latter
