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British Journal of American Legal Studies Birmingham City School of Law BritishBritish JoJournalurnal ofof British Journal of American Legal Studies | Volume 7 Issue 1 7 Issue Legal Studies | Volume British Journal of American British Journal of American Legal Studies | Volume 8 Issue 1 8 Issue Legal Studies | Volume British Journal of American AmericanAmerican LegalLegal StudiesStudies VolumeVolume 87 IssueIssue 11 SpringSpring 20192018 ARTICLES ARTICLES Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause Robert G. Natelson Secularizing a Religious Legal System: Ecclesiastical Jurisdiction inToward Early EighteenthNatural Born Century Derivative England Citizenship Troy L. JohnHarris Vlahoplus SanctuaryFelix Frankfurter Cities: Aand Study the inLaw Modern Nullification LorraineThomas Marie A. Halper Simonis Fundamental Rights in Early American Case Law: 1789-1859 Nicholas P. Zinos Solving Child Statelessness: Disclosure,The Holmes Reporting, Truth: Toward and Corporatea Pragmatic, Responsibility Holmes-Influenced Conceptualization Mark K. Brewer & of the Nature of Truth Sue TurnerJared Schroeder Declaration of War: A Dead Letter or An Invitation to Struggle? Thomas Halper Acts of State, State Immunity, and Judicial Review in the United States Zia Akthar Normative and Institutional Dimensions of Rights’ Adjudication Around the World Pedro Caro de Sousa BRITISH JOURNAL OF AMERICAN LEGAL STUDIES BIRMINGHAM CITY UNIVERSITY LAW SCHOOL THE CURZON BUILDING, 4 CARDIGAN STREET, BIRMINGHAM, B4 7BD, UNITED KINGDOM ISSNISSN 2049-40922049-4092 (Print)(Print) British Journal of American Legal Studies Editor-in-Chief: Dr Anne Richardson Oakes, Birmingham City University. Deputy Editors Dr Ilaria Di-Gioia, Birmingham City University. Dr Friso Jansen, Birmingham City University. Associate Editors Dr Sarah Cooper, Birmingham City University. Prof Haydn Davies, Birmingham City University. Prof Julian Killingley, Birmingham City University Dr Alice Storey, Birmingham City University Dr Amna Nazir, Birmingham City University Prof Jon Yorke, Birmingham City University. Seth Barrett Tillman, National University of Ireland, Maynooth. Editorial Team Leader 2017-2018 Mercedes Cooling Birmingham City University Student Editorial Assistants 2019 Matthew Hill Simran Juss Tom Nicklin Eleni Pavlou Luca Prisciandaro Maira Tariq Editorial Board Hon Joseph A Greenaway Jr, Circuit Judge 3rd Circuit, US Court of Appeals. Hon Raymond J McKoski, Circuit Judge (retired), 19th Judicial Circuit Court, IL, Adjunct Professor of Law, The John Marshall Law School, Chicago, IL. Prof Antonio Aunion, University of Castille-la Mancha. Prof Francine Banner, Phoenix School of Law, AZ. Prof Devon W Carbado, UCLA, CA. Dr Damian Carney, University of Portsmouth, UK. Dr Simon Cooper, Reader in Property Law, Oxford Brookes University. Prof Randall T Coyne, Frank Elkouri and Edna Asper Elkouri Professor, College of Law, University of Oklahoma, Norman OK. Mark George QC, Garden Court Chambers, Manchester, UK. Prof Larry Hammond, Osborne Maledon PA, Phoenix AZ. Prof Carolyn Hoyle, Professor of Criminology, University of Oxford, UK. Prof James Kousouros, CALS Visiting Professor, NY. Prof Ian Loveland, City University London, UK. Prof James Maxeiner, Center for International & Comparative Law, University of Baltimore School of Law, Baltimore, MD. Prof Ruth Miller, University of Massachusetts, Boston, MA. Dr Anne-Marie O’Connell, University Toulouse 1 Capitole. Prof Austin Sarat, William Nelson Cromwell Professor of Jurisprudence & Political Science, Amherst College, MA. Dr Stephen W Smith, University of Birmingham, UK. Prof Carrie Sperling, University of Wisconsin Law School. Prof Clive Stafford Smith, Reprieve. Dr Timothy Stanley, Professor of Law & Frank M. Johnson Faculty Scholar, University of Alabama, Tuscaloosa, AL. Prof Adam N. Steinman, Professor of Law & Frank M. Johnson Faculty Scholar, University of Alabama, Tuscaloosa, AL. Prof Russell Wheeler, The Brookings Institution, Washington DC. British Journal of American Legal Studies Volume 87 Issue 1 Spring 22018019 CONTENTS Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause SecularizingRobert G. Natelson a Religious ............................................................................................................................... Legal System: Ecclesiastical Jurisdiction in Early Eighteenth Century England.............1 Troy L. Harris ......................................................................................................................................................1 Toward Natural Born Derivative Citizenship John Vlahoplus .................................................................................................................................................71 Sanctuary Cities: A Study in Modern Nullification? FelixLorraine Frankfurter Marie A. and Simonis the Law ................................................................................................................................37 Thomas Halper .............................................................................................................................................. 115 Solving Child Statelessness: Disclosure, Reporting, and Corporate Responsibility FundamentalMark K. Brewer Rights & Sue in TurnerEarly American .......................................................................................................................... Case Law: 1789-1859 83 Nicholas P. Zinos ............................................................................................................................................ 137 Declaration of War: A Dead Letter or An Invitation to Struggle? ThomasThe Holmes Halper Truth: ............................................................................................................................................... Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth 107 Jared Schroeder ............................................................................................................................................. 169 Normative and Institutional Dimensions of Rights’ Adjudication Around the World Acts of State, State Immunity, and Judicial Review in the United States Pedro Caro de Sousa ......................................................................................................................................139 Zia Akthar ........................................................................................................................................................ 205 Br. J. Am. Leg. Studies 8(1) (2019), DOI: 10.2478/bjals-2019-0001 Secularizing a Religious Legal System: Ecclesiastical Jurisdiction in Early Eighteenth Century England Troy L. Harris* ABSTRACT The early eighteenth-century English ecclesiastical courts are a case study in the secularization of a legal system. As demonstrated elsewhere, the courts were very busy. And yet the theoretical justification for their jurisdiction was very much a matter of debate throughout the period, with divine-right and voluntaristic conceptions vying for precedence. Placed in this context, the King’s Bench decision in Middleton v Crofts (1736) represented an important step in the direction of limiting the reach of ecclesiastical jurisdiction, and did so on grounds that undermined divine-right justifications of the ecclesiastical court system as a whole. KEYWORDS Secularization, Eighteenth Century, Ecclesiastical Courts, Middleton v Crofts, Canon Law CONTENTS I. Introduction .........................................................................................3 II. Background to the Debate over the Constitutional Position of the Eighteenth Century Church of England .....................................4 III. The Debate over Ecclesiastical Jurisdiction in the 1730s ...........8 A. Visitation Charges ............................................................................8 1. High Church Visitation Charges .......................................................9 2. Low Church Visitation Charges ......................................................12 B. English Canon Law Texts ..............................................................15 C. The Ecclesiastical Courts in Parliament .........................................24 1. The Bill to Prevent Suits for Tithes ................................................24 2. The Petition from Derby .................................................................26 a. The Church Courts Bill ...................................................................27 * Associate Professor of Law, University of Detroit Mercy School of Law. J.D. (Michigan); Ph.D. (Chicago). © 2019 Troy L. Harris, published by Sciendo. This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License. 8 Br. J. Am. Leg. Studies (2019) b. The Church Rates Bill .....................................................................30 c. The Clandestine Marriage Recommendations ................................31 3. The Quakers’ Tithe Bill ...................................................................31 IV. Middleton v. Crofts: A Hoadlyite Court Victory .......................32 V. Conclusion..........................................................................................35 2 Secularizing a Religious Legal System: Ecclesiastical Jurisdiction in Early Eighteenth Century England I. Introduction Explaining how religion goes from a significant and explicit force in public life to an essentially private
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