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The Confluence of Law and Religion

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The Confluence of Law and Religion Cambridge University Press 978-1-107-10543-0 - The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe Edited by Frank Cranmer, Mark Hill QC , Celia Kenny and Russell Sandberg Frontmatter More information THECONFLUENCEOFLAWAND RELIGION Since the early 1990s, politicians, policy-makers, the media and academics have increasingly focused on religion, noting the significant increase in the number of cases involving religion. As a result, Law and Religion has become a specific area of study. The work of Professor Norman Doe at Cardiff University has served as a catalyst for this change, especially through the creation of the LLM in Canon Law in 1991 (the first degree of its type since the time of the Reformation) and the Centre for Law and Religion in 1998 (the first of its kind in the UK). Published to mark the twenty-fifth anniversary of the LLM in Canon Law and to pay tribute to Professor Doe’s achievements so far, this volume reflects upon the interdisciplinary development of Law and Religion. frank cranmer is a Fellow of St Chad’s College, Durham University, and the Centre for Law and Religion, Cardiff University. mark hill qc is a Bencher of Inner Temple and holds honorary or visiting chairs at the Centre for Law and Religion at Cardiff University, the Faculty of Theology at the University of Pretoria, the Dickson Poon School of Law at King’s College, London, and Notre Dame University, Sydney. celia kenny, an ordained minister of the Church of Scotland, is a Research Associate at the Centre for Law and Religion, Cardiff University, and Trinity College Dublin. russell sandberg is a Senior Lecturer in Law at Cardiff University, where he researches at the Centre for Law and Religion. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-10543-0 - The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe Edited by Frank Cranmer, Mark Hill QC , Celia Kenny and Russell Sandberg Frontmatter More information © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-10543-0 - The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe Edited by Frank Cranmer, Mark Hill QC , Celia Kenny and Russell Sandberg Frontmatter More information THE CONFLUENCE OF LAW AND RELIGION Interdisciplinary Reflections on the Work of Norman Doe Edited by FRANK CRANMER, MARK HILL QC, CELIA KENNY AND RUSSELL SANDBERG © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-10543-0 - The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe Edited by Frank Cranmer, Mark Hill QC , Celia Kenny and Russell Sandberg Frontmatter More information University Printing House, Cambridge CB2 8BS, United Kingdom Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781107105430 © Cambridge University Press 2016 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2016 A catalogue record for this publication is available from the British Library Library of Congress Cataloguing in Publication data Doe, Norman, honouree. | Cranmer, Frank, editor, author. | Hill, Mark, 1965– editor, author. | Kenny, Celia, editor, author. | Sandberg, Russell, editor, author. The confluence of law and religion : interdisciplinary reflections on the work of Norman Doe / edited by Frank Cranmer, Mark Hill QC, Celia Kenny, and Russell Sandberg. New York : Cambridge University Press, 2016. | Includes bibliographical references and index. LCCN 2016008954 | ISBN 9781107105430 LCSH: Church and state – England. | Religion and law – England. | Freedom of religion – England. LCC KD8600 .C66 2016 | DDC 344.42/096–dc23 LC record available at http://lccn.loc.gov/2016008954 ISBN 978-1-107-10543-0 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-10543-0 - The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe Edited by Frank Cranmer, Mark Hill QC , Celia Kenny and Russell Sandberg Frontmatter More information CONTENTS Notes on contributors page vii Foreword – Lord Williams of Oystermouth xv Preface xvii Professor Norman Doe: A Bibliography – Frank Cranmer xxi 1 Renaissance and re-engagement: Norman Doe’s achievement in the discipline of Law and Religion mark hill qc 1 PART I Conceptual foundations and historical development 17 2 Law, religion and the curve of reason celia kenny 19 3 Legal authority in canon law: cases from the notebook of a medieval English ecclesiastical lawyer richard h. helmholz 34 4 Trust and conscience in the early common law david j. seipp 48 5 A sociological theory of law and religion russell sandberg 66 PART II Government and ministry 79 6 The rise of ecclesiastical quasi-legislation paul colton 81 7 The development and influence of Anglican canon law anthony jeremy 96 v © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-10543-0 - The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe Edited by Frank Cranmer, Mark Hill QC , Celia Kenny and Russell Sandberg Frontmatter More information vi contents 8 Ecclesiastical regulation and secular law: a comparative exploration frank cranmer 112 PART III Doctrine, liturgy and rites 129 9 Justice and mercy: canon law and the sacrament of penance robert ombres op 131 10 Pardon and peace: rights and responsibilities in canon law edward morgan 144 11 Public law and traditional faith norman solomon 161 PART IV The interface of religious law and civil law 175 12 Who needs freedom of religion? silvio ferrari 177 13 Religion and human rights: principles and practice carolyn evans and timnah rachel baker 191 14 Coercion, oaths and conscience: conceptual confusion in the right to freedom of religion or belief alison mawhinney 205 15 Religious freedom and the law brenda hale 218 PART V Conclusions 233 16 The role of religion in building political communities linda hogan 235 17 The interdisciplinary growth of Law and Religion john witte, jr 247 18 New directions in the confluence of law and religion celia kenny 262 Select bibliography 275 Index 291 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-10543-0 - The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe Edited by Frank Cranmer, Mark Hill QC , Celia Kenny and Russell Sandberg Frontmatter More information NOTESONCONTRIBUTORS Timnah Rachel Baker is a PhD candidate in law at the University of Sydney and a graduate of Monash University (BA/LLB) and Boston College (LLM). She is a lead researcher at Harvard University and the University of Sydney on the International Migration Policy and Law Analysis (IMPALA) project. Paul Colton is the Bishop of Cork, Cloyne and Ross. A law graduate of University College, Cork, he studied theology at Trinity College, Dublin, and completed an MPhil in ecumenics. He completed the Cardiff LLM in Canon Law in 2006 and received his PhD for a thesis on sources of law in relation to the Church of Ireland. He represented the Church of Ireland as a corresponding member in the Meissen Conversations between the Church of England and the Evangelischen Kirche in Deutschland and was Church of Ireland representative at the Porvoo Conversations and Porvoo Communion Contact Group 1989–1999. His recent publications include ‘Religion in Criminal Law in Ireland’ in Norman Doe and Matti Kotiranta (eds), Religion and Criminal Law in Member States of the European Union, Proceedings of the European Consortium for Church and State Research (Leuven: Peeters, 2013) and ‘Religion in Public Education in Ireland’ in Gerhard Robbers (ed.), Religion in Public Education – La religion dans l’éducation publique (Trier: European Consortium for Church and State Research, 2012). Frank Cranmer is a Fellow of St Chad’s College, Durham, an honorary Research Fellow at the Centre for Law and Religion at Cardiff University and the current Secretary of the Churches’ Legislation Advisory Service. He is a graduate of the Universities of Durham and Wales and holds the Archbishop of Canterbury’s Diploma in Theology. His recent publica- tions include ‘Chaplaincy and the Law’ in Christopher Swift, Mark Cobb, and Andrew Todd (eds), A Handbook of Chaplaincy Studies: Understanding Spiritual Care in Public Places (Farnham: Ashgate, 2015); ‘Wales and the Law of Marriage: “Vestiges of Establishment” vii © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-10543-0 - The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe Edited by Frank Cranmer, Mark Hill QC , Celia Kenny and Russell Sandberg Frontmatter More information viii notes on contributors Revisited’ (2015) 174 Law & Justice; ‘Quakers and the Campaign for Same Sex Marriage’ in Russell Sandberg (ed.), Religion and Legal Pluralism (Farnham: Ashgate, 2015); and ‘Living Hand-To-Mouth: Regulating and Funding Religious Heritage in the United Kingdom’ in Anne Fornerod (ed.), Funding Religious Heritage (Farnham: Ashgate, 2015). He was a contributing editor for Jowitt’s Dictionary of English Law (London: Sweet & Maxwell, 2010). With David Pocklington, he co-writes the Law & Religion UK blog, at www.lawandreligionuk.com.
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