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The Church and the Law

The Church and the Law

Volume 56

Part of Studies in Church History

Rosamond McKitterick, Caroline Humfress, Robert A. H. Evans, Marija Koprivica, Felicity Hill, Sarah White, Samuel Lane, Alison K. McHardy, R. N. Swanson, Paul Cavill, Laura Flannigan, Ralph Houlbrooke, Andrew Spicer, Jacqueline Rose, Chelsea Reutcke, David L. Wykes, Ben Rogers, Manfred Henke, Catherine Sumnall, Tim Yung, Nicholas Dixon, John W. B. Tomlinson, Dan D. Cruickshank, Martin Wellings, Anne C. Brook, Tijana Surlan, Peter Edge
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  • Date Published: July 2020
  • availability: In stock
  • format: Hardback
  • isbn: 9781108839631

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  • This volume explores the legal issues and legal consequences underlying relations between secular and religious authorities in the context of the Christian Church, from its earliest emergence within Roman Palestine as a persecuted minority sect through the period when it became legally recognized within the Roman empire, its many institutional manifestations in the East and West throughout the Middle Ages, the reconfigurations associated with the Reformation and Catholic/Counter-Reformations, the legal and constitutional complications, and the variable consequences of so-called secularization thereafter. The engagement of secular and religious authorities with the law and the question of what the law actually comprised (Roman law, canon law, national laws, state and royal edicts) are addressed. Bringing together the work of a wide range of scholars, this volume deepens our understanding of interactions between the churches and the legal systems in which they existed in the past and continue to exist now.

    • Explores the long and complex history of the relationship between the Church and the law, from the emergence of the Christian Church within Roman Palestine through to the present day
    • Features a wide range of leading scholars in the field
    • Contains contributions on a diverse range of historical and regional contexts, including the Anglican Church in nineteenth-century South China; excommunications in twelfth-century England, and the Slavic Nomocanon in the thirteenth century
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    Product details

    • Date Published: July 2020
    • format: Hardback
    • isbn: 9781108839631
    • length: 544 pages
    • dimensions: 223 x 148 x 38 mm
    • weight: 0.78kg
    • availability: In stock
  • Table of Contents

    Preface
    List of contributors
    List of abbreviations
    List of illustrations
    Introduction Rosamond McKitterick
    1. The Church and the Law in the Early Middle Ages (Presidential Address) Rosamond McKitterick
    2. 'Cherchez la femme!' Heresy and Law in Late Antiquity Caroline Humfress
    3. God's Judgement in Carolingian Law and History Writing (President's Prize) Robert A. H. Evans
    4. The Political Background to the Establishment of the Slavic Nomocanon in the Thirteenth Century Marija Koprivica
    5. General Excommunications of Unknown Malefactors: Conscience, Community and Investigations in England, c.1150–1350 Felicity Hill
    6. The Procedure and Practice of Witness Testimony in English Ecclesiastical Courts, c.1193–1300 Sarah White
    7. The Bishops and the Deposition of Edward II Samuel Lane
    8. Kings' Courts and Bishops' Administrations in Fourteenth-Century England: A Study in Cooperation Alison K. McHardy
    9. Arbitration, Delegation, Conservation: Marginalized Mechanisms for Dispute Resolution in the Pre-Reformation English Church R. N. Swanson
    10. Perjury in Early Tudor England Paul Cavill
    11. Conscience and the King's Household Clergy in the Early Tudor Court of Requests Laura Flannigan
    12. Restoration of Deprived Clergy during the 1559 Royal Visitation of the Eastern Dioceses Ralph Houlbrooke
    13. Adiaphora, Luther and the Material Culture of Worship Andrew Spicer
    14. A Godly Law? Bulstrode Whitelocke, Puritanism and the Common Law in Seventeenth-Century England Jacqueline Rose
    15. 'Very knaves besides': Catholic Print and the Enforcers of the 1662 Licensing Act in Restoration England Chelsea Reutcke
    16. Protestant Dissent and the Law: Enforcement and Persecution, 1662–72 David L. Wykes
    17. The House of Lords and Religious Toleration in Scotland: James Greenshields's Appeal, 1709–11 Ben Rogers
    18. Toleration and Repression: German States, the Law and the 'Sects' in the long Nineteenth Century Manfred Henke
    19. The Social and Legal Reception of Illegitimate Births in the Gurk Valley, Austria, 1868–1945 Catherine Sumnall
    20. Keeping up with the Chinese: Constituting and Reconstituting the Anglican Church in South China, 1897–1951 Tim Yung
    21. The Church of England and the Legislative Reforms of 1828–32: Revolution or Adjustment? Nicholas Dixon
    22. The Decline of the Clerical Magistracy in the Nineteenth-Century English Midlands John W. B. Tomlinson
    23. Debating the Legal Status of the Ornaments Rubric: Ritualism and Royal Commissions in Late Nineteenth- and Early Twentieth-Century England (Kennedy Prize) Dan D. Cruickshank
    24. 'The day of compromise is past': The Oxford Free Churches and 'Passive Resistance' to the 1902 Education Act Martin Wellings
    25. The Chancellors' Dilemma: The Impact of the First World War on Faculty Jurisdiction Anne C. Brook
    26. Freedom of Religion and the Legal Status of Churches: A Case Study from the Serbian Constitutional Court Tijana Surlan
    27. History, Sacred History and Law at the Intersection of Law, Religion and History Peter Edge.

  • Editors

    Rosamond McKitterick, University of Cambridge

    Charlotte Methuen, University of Glasgow

    Andrew Spicer, Oxford Brookes University

    Contributors

    Rosamond McKitterick, Caroline Humfress, Robert A. H. Evans, Marija Koprivica, Felicity Hill, Sarah White, Samuel Lane, Alison K. McHardy, R. N. Swanson, Paul Cavill, Laura Flannigan, Ralph Houlbrooke, Andrew Spicer, Jacqueline Rose, Chelsea Reutcke, David L. Wykes, Ben Rogers, Manfred Henke, Catherine Sumnall, Tim Yung, Nicholas Dixon, John W. B. Tomlinson, Dan D. Cruickshank, Martin Wellings, Anne C. Brook, Tijana Surlan, Peter Edge

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