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

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

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.

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

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

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 publications 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

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. Carolyn Evans is the Dean and Harrison Moore Professor of Law of Melbourne Law School. Carolyn is a graduate of Melbourne and Oxford and a Rhodes and Fulbright Scholar. She is the author or editor of six books and numerous articles and chapters on human rights, particularly religious freedom. Her works include Religious Freedom under the European Court of Human Rights (Oxford: Oxford University Press, 2001) and The Legal Protection of Religious Freedom in Australia (Annandale: The Federation Press, 2012). She is an internationally recognized expert on religious freedom and the relationship between law and religion and has spoken on these topics in the United States, United Kingdom, Russia, China, Greece, Vietnam, India, Hong Kong, Switzerland, Malaysia, Nepal and Australia. Silvio Ferrari is Professor of Law and Religion, University of Milan, and a visiting professor at the University of California (Berkeley, 1994 and 2001), the Institute for Advanced Legal Studies (London, 1998–1999) the Ecole Pratique des Hautes Etudes (Paris, Sorbonne, 2004), the University of Leuven (2000–2012) and the Center of Theological Inquiry (Princeton, 2014). His publications in English include Religion in Public Spaces (Farnham: Ashgate, 2012) (edited with S. Pastorelli); Law and Religion in the 21st Century (Farnham: Ashgate, 2010) (edited with R. Cristofori); Law and Religion in Post-Communist Europe (Leuven: Peeters, 2003) (edited with W. Cole Durham, Jr. and E. A. Sewell); Islam and European Legal Systems (Dartmouth: Ashgate, 2000) (edited with Anthony Bradney). His main ﬁelds of interest are law and religion in Europe, comparative law of religions (particularly Jewish law, Canon law and Islamic law) and the Vatican policy in the Middle East. He is the honorary president of ICLARS (International Consortium for Law and Religion Studies) and a member of the International Academy of Comparative Law. He is also one of the editors-in-chief of the Oxford Journal of Law and Religion and a member of the Editorial Board of the Ecclesiastical Law Journal. In 2012 he was invited to deliver the

notes on contributors ix Messenger Lectures at Cornell University and has received the Distinguished Service Award of the International Center for Law and Religion Studies of the J. Reuben Clark Law School (Brigham Young University, Provo, Utah).

Brenda Hale is the most senior woman judge in the United Kingdom. She became a High Court Judge in 1994, after a varied career as an academic lawyer at the University of Manchester and a member of the Law Commission (a statutory body which promotes the reform of the law). In 1999 she was promoted to the Court of Appeal and in 2004 to the appellate committee of the House of Lords, then the top court for the whole United Kingdom. In 2009, it was replaced by the Supreme Court of the United Kingdom, of which she has been the Deputy President since 2013. Her principal academic and judicial interests are in family, social welfare and equality law. Among her many publications are Mental Health Law (5th edn, London: Sweet & Maxwell, 2010); Women and the Law (Oxford: Blackwell, 1984) (with S. Atkins); The Family, Law and Society: Cases and Materials, (6th edn, Oxford: Oxford University Press, 2009) (with David Pearl, Elizabeth Cooke and Daniel Monk) and From the Test-Tube to the Coﬃn: Choice and Regulation in Family Life (London: Sweet & Maxwell, 1996). She is the President of the United Kingdom Association of Women Judges and a past President of the International Association of Women Judges.

Richard H. Helmholz is Ruth Wyatt Rosenson Distinguished Service Professor of Law in the University of Chicago. He is a Fellow of the American Academy of Arts and Sciences, a Fellow of the Medieval Academy of America, a member of the American Law Institute and a Corresponding Fellow of the British Academy. He has been a member of the Council of the Selden Society since 1980 and was its Vice- President from 1984 to 1987. His publications include Kanonisches Recht und Europäische Rechtskultur (Tübingen: Mohr Siebeck, 2013); La Magna Carta Del 1215: Alle Origini Del Costituzionalismo Inglese Ed Europeo (Ariccia: Aracne editrice, 2012); TheCanonLawand Ecclesiastical Jurisdiction from 597 to the 1640s (Oxford: Oxford University Press, 2004); The Ius Commune in England: Four Studies (Oxford and New York: Oxford University Press, 2001); The Spirit of Classical Canon Law (Athens, GA: University of Georgia Press, 1996); and Roman Canon Law in Reformation England (Cambridge: Cambridge University Press, 1990).

x notes on contributors 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. His publications include Magna Carta, Religion and the Rule of Law (Cambridge: Cambridge University Press, 2015); Religion and Law in the United Kingdom (2nd edn, Alphen aan den Rijn: Kluwer Law International, 2014); Religion and Discrimination Law in the European Union (Trier: University of Trier, 2012); Ecclesiastical Law (3rd edn, Oxford: Oxford University Press, 2007); and Religious Liberty and Human Rights (Cardiff: University of Wales Press, 2002). He is Consultant Editor of the Ecclesiastical Law Journal and was a contributing editor for Jowitt’s Dictionary of English Law (London: Sweet & Maxwell, 2010). He a member of the Editorial Boards of the Oxford Journal of Law and Religion and the Revista General de Derecho Canónico y Derecho Eclesiástico del Estado. His judicial appointments include Recorder of the Crown Court, Deputy Judge of the Upper Tribunal and Chancellor of the Dioceses of Chichester, West Yorkshire and the Dales, and Europe. In 2012 he was elected President of the European Consortium for Church and State Research. Linda Hogan is the Vice-Provost/Chief Academic Officer and Professor of Ecumenics at Trinity College Dublin. Her primary research interests lie in the fields of theological ethics, human rights and gender. She has served on the Editorial Boards of Feminist Theory; the Journal of Religious Ethics; The Journal of the Society of Christian Ethics; and Soundings: An Interdisciplinary Journal. She has been a member of the Irish Council for Bioethics and has worked on a consultancy basis for NGOs and other national and international organizations. Recent publications include Keeping Faith with Human Rights (Washington: Georgetown University Press, 2015); Religious Voices in Public Places (Oxford: Oxford University Press, 2009) (edited with Nigel Biggar); Religions and the Politics of Peace and Conflict (Princeton: Princeton Theological Monographs, 2009) (edited with Dylan Lee Lehrke); and Applied Ethics in a World Church (Maryknoll: Orbis, 2008), which received the 2009 Catholic Book Award from the Catholic Press Association of the USA and Canada. Anthony Jeremy studied law at Cambridge and lectured at University of Wales, Cardiff. He practises as a solicitor specializing in contract law and civil litigation. A graduate of Cardiff University LLM in Canon

notes on contributors xi Law, he is currently a Fellow at the Centre for Law and Religion at Cardiff University and has published a number of articles in the field of Law and Religion, including ‘Practical Implications of the Enactment of the Racial and Religious Hatred Act 2006’ (2007) 9 Ecclesiastical Law Journal. Celia Kenny is an ordained minister of the Church of Scotland, a Research Associate at the Centre for Law and Religion, Cardiff University, and Research Associate at Trinity College Dublin. She is a graduate of Trinity College Dublin, the University of Edinburgh and Cardiff University, with degrees in theology, ethics, international peace studies, and canon law. Presently co-Chair of the Irish Council of Christians and Jews, her recent publications include: ‘Public Place; Private Face: Veiling as a Challenge for Legal Reasoning’ in Russell Sandberg (ed.), Religion and Legal Pluralism (Farnham: Ashgate, 2015); ‘The Training of Ministers of Religion in Ireland’ in Francis Messner (ed.), Public Authorities and the Training of Religious Personnel in Europe: Proceedings of the XXVth Annual Conference Strasbourg/ Klingenthal, 21–24 November 2013 (Granada: Editorial Comares SL, 2015); ‘The Loss of Old Certainties as the Ground of Our Hope’ in Peter Admirand (ed.), Loss and Hope: Global, Interreligious and Interdisciplinary Perspectives (London: Bloomsbury Academic, 2014); and ‘Law and the Art of Defining Religion’ (2014) 16 Ecclesiastical Law Journal. Her recent research has included a three-year analysis of religion in Ireland, North and South, funded by IRCHSS. Alison Mawhinney is a Reader in Law at Bangor University, Wales. Her publications include ‘International Human Rights Law: Its Potential and Limitations in Effecting Change to the Place of Religion in the Irish Education System’, (2015) 36:3 Journal of Intercultural Studies; ‘Religion in Schools: A Human Rights Contribution to the Debate’ in Lori G. Beaman and Leo Van Arragon (eds), Issues in Religion and Education (Leiden: Brill, 2015); and ‘Crucifixes, Classrooms and Children: A Semiotic Cocktail’ in Jeroen Temperman (ed.), The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom (Leiden: Brill, 2012). Edward Morgan is a barrister, canonical advocate and ecclesiastical judge. Since 2010 he has been a Fellow of the Centre for Law and Religion at Cardiff University. He has extensive experience of conducting litigation concerning ecclesial personnel, the civil and canonical rights of

xii notes on contributors Religious Orders and other public juridic persons, public law and reg- ulatory proceedings. He has contributed to Sweet & Maxwell’s Encyclopedia of Employment Law (London: Sweet & Maxwell) and is principal author of the Directory on the Canonical Status of The Clergy – Rights, Obligations and Procedures (London: Catholic Bishops’ Conference of England and Wales, 2009). Robert Ombres OP is a Dominican friar, qualified in theology, civil and canon law, who teaches at Blackfriars, Oxford and the Pontifical University of St Thomas, Rome. He was the Procurator General of his Order (2004–2011). He has published widely, including English Canon Law (Cardiff: University of Wales Press, 1998) co-edited with Norman Doe and Mark Hill. Russell Sandberg is a Senior Lecturer in Law at Cardiff University where he researches at the Centre for Law and Religion. He is the author of Law and Religion (Cambridge: Cambridge University Press, 2011) and Religion, Law and Society (Cambridge: Cambridge University Press, 2014). He is co-author of Religion and Law in the United Kingdom (2nd edn, Alphen aan den Rijn: Kluwer Law International, 2014); co-editor of Law and Religion: New Horizons (Leuven: Peeters, 2009); and editor of Religion and Legal Pluralism (Farnham: Ashgate, 2015). He is the Managing Editor of the ICLARS Series on Law and Religion, published by Ashgate. He is author or co-author of over fifty articles and book chapters addressed to legal, sociological and general readerships. He was a specialist Contributing Editor for Jowitt’s Dictionary of English Law (London: Sweet & Maxwell, 2010). His recent research has included an empirical study into the operation of religious tribunals in Britain, funded by the AHRC/ESRC Religion and Society Programme. David J. Seipp is Professor of Law at Boston University School of Law, having studied law at Oxford, Cambridge and Harvard. His research interests are the roles of judges, lawyers and jurors in the development of medieval English common law, the persistence and evolution of basic legal concepts throughout the centuries and the jurisprudential eccentri- cities of Justice Oliver Wendell Holmes, Jr. He is now writing a volume of the Oxford History of the Laws of England for the period of 1399–1483. He has compiled a database indexing and paraphrasing more than 22,000 early English cases reported for the years 1268–1535, and has contributed to legal journals and Proceedings of the British Legal History Conference. He has written introductions to reprints of the Year Books and the early

notes on contributors xiii Abridgements. He is a trustee of the Ames Foundation and delivered the Youard Lecture in Legal History to the Oxford Law Faculty in 2015. Norman Solomon is currently a member of the Commission on Religion and Belief in British Public Life, which was convened in 2013 by the Woolf Centre in Cambridge to consider the role of religion in the shaping of contemporary society. After serving for twenty-two years as rabbi to Orthodox congregations in England, he founded and directed the Centre for the Study of Judaism and Jewish/Christian Relations in Birmingham, moving from there to take up a Fellowship in Modern Jewish Thought at the Oxford Centre for Hebrew and Jewish Studies. He remains a member of Wolfson College, Oxford, and of the Oxford University Teaching and Research Unit in Hebrew and Jewish Studies. Recent publications include The Talmud: A Selection (London: Penguin Classics, 2009); A Very Short Introduction to Judaism (2nd edn, Oxford: Oxford University Press, 2014) and Historical Dictionary of Judaism (3rd edn, Lanham: Rowman & Littleﬁeld 2015). John Witte, Jr is Robert W. Woodruﬀ University Professor, McDonald Distinguished Professor, and Director of the Center for the Study of Law and Religion at Emory University. His recent publications include: The Reformation of Rights: Law, Religion, and Human Rights in Early Modern Calvinism (Cambridge: Cambridge University Press, 2007); Christianity and Law: An Introduction (Cambridge: Cambridge University Press, 2008) (edited with Frank S. Alexander); The Sins of the Fathers: The Law and Theology of Illegitimacy Reconsidered (Cambridge: Cambridge University Press, 2009); No Establishment of Religion: America’s Original Contribution to Religious Liberty (Oxford: Oxford University Press, 2012) (edited with T. Jeremy Gunn); and The Western Case for Monogamy over Polygamy (Cambridge: Cambridge University Press, 2015). He is co-editor of the Journal of Law and Religion and a member of the Editorial Board of the Ecclesiastical Law Journal. He is series editor of Cambridge Studies in Law and Christianity and of the Religion, Marriage and Family series published by Wm. B. Eerdmans. Lord Williams of Oystermouth was successively Bishop of Monmouth, Archbishop of Wales and, from December 2002 to December 2012, the 104th Archbishop of Canterbury. He is currently Master of Magdalene College, Cambridge, and Chancellor of the University of South Wales. He has published widely on issues as diverse as Anglicanism, the Bible, spirituality and the Early Church. He is also a critically acclaimed poet.

FOREWORD lord williams of oystermouth

The Confluence of Law and Religion is published to mark the 25th anniversary of the establishment of the LLM degree in Canon Law at Cardiff University and to celebrate the achievement of the course director, Professor Norman Doe. During my time as Archbishop of Canterbury, a Lambeth Doctorate of Civil Law was conferred on Professor Doe under the authority of the Ecclesiastical Licences Act 1533. This award was made in recognition of Norman’s unique contribution to the renaissance in the study of Canon Law. The establishment of the Cardiff degree has had an almost incalculable influence worldwide in setting the highest academic standards in the study of the subject, as have his many publications, notably the magisterial survey of The Legal Framework of the Church of England. I was also able to observe at close quarters Norman’s contribution to the Windsor Report and his search for a viable Anglican ius commune – a search which bore fruit in the production of another benchmark publication, The Principles of Canon Law Common to the Churches of the Anglican Communion. During a time of acute tension and doctrinal conflict in the Anglican family, Norman’s patient and skilful work was crucial in securing a vocabulary in which to discuss contentious issues and in holding together debates that threat- ened to descend into mutual non-communication. My own debt to him for all he did in those years for the Communion is hard to estimate; my gratitude is lasting. Over the last quarter of a century, questions concerning Law and Religion have been asked with an increasing urgency, and many of the most serious and credible answers have come from Professor Doe and his circle. He has rejuvenated Anglican Canon Law not only as a subject for academic teaching and research but also as a practical tool for dialogue within both the Anglican tradition and the world of ecumenical relations. His impressive and prolific list of publications shows the extent of our debt to him for his scholarship at national and international level, including most recently Christian Law: Contemporary Principles.Itis xv

xvi foreword quite simply the case that no one in the English-speaking world, perhaps no one globally, has made such a contribution to our understanding of the law of the Church in our lifetime. Norman Doe’s contribution has extended to encompass not only the study of comparative religious law but also the study of the relationship between national and international laws and religion, as illustrated in his work on Law and Religion in Europe. The Centre for Law and Religion, which he founded and directs at Cardiff, has become a beacon of excellence in the field, attracting scholars from around the world. The wide range of contributors in this volume from among his colleagues, collaborators and former students shows the significance of Norman’s role as mentor and guide to more than one generation of students in this area. The relationship between law and religion in contemporary society is increasingly complex and is often thought of as a minefield of risks and misunderstandings. Certainly the issues are large ones; but Norman has shown that sound scholarship and good legal sense can still provide a path through difficult territory. Thinking about law is thinking about how communities are ordered in a way that recognises shared dignity and shared liberties; and this is a reminder that thinking about the law of the Church is thinking about practical ecclesiology – how the life of the Church recognises and nurtures the shared dignity and liberty of the children of God. Canon Law cannot do without a robust theological underpinning; which is why Norman has studied for an MTh in Oxford in addition to all his other academic labours. This volume rightly celebrates Professor Doe’s personal accomplish- ments; but it also examines future directions for the study of Law and Religion, particularly in an interdisciplinary framework. This builds on initiatives already taken by Professor Doe whose work has always stressed the importance of detailed legal analysis integrated with insights from history, sociology and theology. This book is both a timely tribute to a uniquely gifted scholar, and a substantial contribution to the important discipline of Law and Religion; and I am delighted that someone who has been a loved and trusted friend for so long is being honoured in this way.

Rowan Williams Master, Magdalene College, Cambridge Archbishop of Canterbury (2002–2012)

PREFACE

It is now commonly accepted that the process of modernization has not led to the demise of religion. Across the academic spectrum, expressed in the vocabularies of theology, philosophy, sociology and political science, the focus of interest is on the resurgence of religion, which has brought with it the necessity to re-conceptualize the secular and to reconsider the centrality of religious beliefs, values and practices in the ethical formation of individuals and the cohesion of groups. The increasingly plural nature of contemporary societies sharpens the force of these issues, as witnessed in recent domestic debates, for example, those concerning the wearing of religious dress and the operation of religious courts. There has been a significant increase of interest in religion from academic and practising lawyers. In some jurisdictions, such as conti- nental Europe and the United States, aspects of Law and Religion have long been studied and taught but recent years have witnessed a significant change: the topic has become increasingly controversial and the focus has begun to spread to include the study of religious freedom as a human right and the internal laws of religious minorities. In other jurisdictions, such as the United Kingdom, Australia and South Africa, Law and Religion is becoming regarded as an academic subject for the first time, studied and researched like family law or employment law. In the United Kingdom, for example, Law and Religion has become a recognized sub- discipline in UK law schools and is now the focus of specialist journals and specific research centres and clusters such as the Ecclesiastical Law Society and the Law and Religion Scholars Network (LARSN) – an association set up for those who teach and research in the field – which now has almost 300 members. This edited volume reflects upon the confluence of Law and Religion, paying particular attention to how it has developed an interdisciplinary trajectory. The book sets out to celebrate the work of Professor Norman Doe, who has been central to the development of Law and Religion in the United Kingdom and whose wide-ranging work has become an xvii

xviii preface inspiration around the globe. In 1991, Professor Doe established the LLM in Canon Law, the first degree course of its type in the United Kingdom since the Reformation. The course provided for the study of the laws of the Church of England and the Roman Catholic Church and led to a flurry of publications by Professor Doe and the course graduates. The success of the LLM in Canon Law led Professor Doe to establish the Centre for Law and Religion at Cardiff University in 1998, the first such centre in the United Kingdom. Under Doe’s leadership, the Cardiff Centre developed further initiatives such as the Colloquium of Anglican and Roman Catholic Canon Lawyers in 1999, an undergraduate law module on Law and Religion in 2000, the Interfaith Legal Advisers Network (ILAN) in 2007 and LARSN in 2008. Over the last twenty-five years, the study of Law and Religion at Cardiff has been shaped by Professor Doe’s ground-breaking research. It has grown, not only to examine, analyse and compare the laws of the Church of England and the Roman Catholic Church, but also to study the laws of Christian churches worldwide and the relationship between religion and the law in the wider sense, including the interaction between religion and State law. Cardiff scholars, led by Professor Doe, have developed an understanding that the study of Law and Religion requires at least the study of religion law (the external laws affecting religion formulated at national, international or sub-national levels of governance) and religious law (the internal laws, rules and norms formulated by religious groups by and for themselves). This volume celebrates Professor Norman Doe’s achievements over the last twenty-five years, with the book sections being named after the four modules which form the LLM degree: Conceptual Foundations and Historical Development; Government and Ministry; Doctrine, Liturgy and Rites; and the Interface of Religious Law and Civil Law. This reflects the way in which, through Professor Doe’s teaching and writings doctrine, ministry, liturgy and rites are contextualized within a study of the historical roots and conceptual foundations that underpin their development. Canon law, therefore, provides a framework for interdisciplinary research into a range of key issues in the contemporary study of religion which includes: the nature of authority; the role of liturgy in shaping the moral imagination; the reception/rejection of doctrine; the need to interpret religious laws in light of the waning of metaphysical foundations; the re-conceptualization of the binaries: secular/sacred and public/ private; and, more widely, the interaction between secular law and religious practice in areas such as human rights. The aim of this book,

preface xix therefore, in reflecting on the visionary nature of Professor Doe’s work, is to offer a multifaceted perspective on some of the most important contemporary questions which arise in the confluence of law and religion and to lay the groundwork for future research, showing the interdisciplinary trajectory of the subject under Professor Doe’s leadership. As editors, we have worked together, not only from different geographical locations, but also from a variety of academic backgrounds: history, law, theology, philosophy and sociology. Thus, the interdisciplin- arity which is espoused in the vision of the work as a whole has also been the working model throughout the entire editorial process. This has been enriching for each of us and has resulted in a final volume that will not only complement the scholarship and vision of Professor Doe but will be broad in its appeal for future generations of lawyers, theologians and scholars of religion. Our first note of gratitude must go to all of the contributing authors, for the scholarship and originality of their chapters and for the enthusiasm with which each contributor replied affirmatively and so promptly to the original proposal of this Festschrift. If we may borrow from the vocabulary of music (a sphere which Professor Doe inhabits as smoothly as he does the world of Law and Religion), then we might say that, if the book as a whole is a symphonic poem, then, thanks to all the contributors, Norman is the Leitmotiv. All four editors are from the Centre for Law and Religion at Cardiff University. Three of us are graduates of the LLM course itself while the fourth studied at Cardiff for both his first degree and his doctorate under Professor Doe’s supervision. All four of us teach the present generation of students. The Cardiff LLM attracts a wide range of students – barristers, solicitors, clergy from a fairly wide range of denominations, academics, relatively new graduates and those in mid- or late career – with the result that the ‘Cardiff experience’ is very much a product of the mix of students at any particular time. As well as being a tribute to Norman Doe, therefore, the publication of this volume gives us a welcome opportunity to thank our own teachers, who first inspired what has become a continuing interest (not to say obsession) for all four of us, and, just as important, to thank our students for listening to us, for arguing with us and, some- times, for telling us when we have got things wrong. We are also indebted to the administrative staff who have run and are running the LLM course, namely the past and present members of the Postgraduate Office at the Cardiff School for Law and Politics. We are also grateful to Professor Doe and our colleagues at the Centre for Law

xx preface and Religion as well as to the members of its various networks. Our thanks are also due to the staff of Cambridge University Press, especially to Finola O’Sullivan and Richard Woodham, whose enthusiasm for our initial proposal was followed up with practical advice and encouragement. Finally, it is hoped that readers will be struck by the strength of the image on the cover of the book. It is taken from a work by Barbara Hepworth: Stringed Figure (Curlew) 1956. Permission to use this was kindly granted by the Tate Gallery, which owns the rights, and by the Hepworth Organization, where Sophie Bowness patiently explained the process of obtaining copyright and then waived the normal fee on account of the educational nature of our book. The choice of this particular Hepworth image seems apt. The lines, pulled taut from one part of the structure to another, appear quite different according to the angle from which they are viewed, much as it is with lines of recorded history when they are viewed by generation after generation. One might even say that it is not possible to see the same image twice. The frame in which the lines are set is asymmetrical and full of light. It is open to the imagination of the viewer to ‘complete the picture’; a musical instrument or a ship of fools, perhaps? Hepworth has left us with an image that signifies the centrality of interpretation in the search for truth. We hope that the confluence of law and religion may yield a similar insight.

Frank Cranmer, Mark Hill QC, Celia Kenny and Russell Sandberg

PROFESSOR NORMAN DOE: A BIBLIOGRAPHY

frank cranmer

A consolidated bibliography of Professor Norman Doe’s publications demonstrates, first and foremost, his sheer industry: over one hundred thus far, including eight books of which he is sole or joint author, a further nine of which he is the sole or joint editor and more in preparation. But simple raw statistics can give no more than a very unfocused and partial view of any academic career – especially of a career at its height. Norman began as a legal historian: his doctoral thesis at Cambridge was the foundation of his first major work, Fundamental Authority in Late Medieval English Law.1 In his earlier years as an academic lawyer English legal history was his main focus; and as he began to turn his attention to Law and Religion he continued his researches as a legal historian. Nor has he entirely forsaken his earlier field of study, as shown by his contributions to the New Dictionary of National Biography and, most recently, his chapter on Richard Hooker in the forthcoming study of Great Christian Jurists in English History.2 Arising both from that earlier interest and from his lifelong membership of the Church in Wales, the major thrust of his research, as the bibliography demonstrates, became the Canon Law of that Church and of the Church of England in the first instance and, subsequently, the wider issues of Canon Law in the Anglican Communion, broadening into questions of Law and Religion more generally. As the bibliography also reveals, an important theme of his publications has been the Anglican Covenant and the potential for common principles of canon law to become an instrument for unity within the Communion. And one publication that does not appear in this bibliography is the Windsor Report,3

1 Norman Doe, Fundamental Authority in Late Medieval English Law (Cambridge: Cambridge University Press, 1990). 2 Norman Doe, ‘Richard Hooker’. In Richard H Helmholz and Mark Hill (eds). Great Christian Jurists in English History (Cambridge: Cambridge University Press, 2016). 3 The Lambeth Commission on Communion, The Windsor Report 2004 (Anglican Communion Oﬃce, London 2004). xxi

xxii professor norman doe: a bibliography in the drafting of which he was intimately involved and which resulted in the Sunday Telegraph including him in its Lambeth Power List4 at the time of the last Lambeth Conference in July 2008 – no doubt to his total astonishment, given Norman’s modesty. However, his output has ranged much more widely than purely Anglican concerns. Though roughly 40 per cent of his published work has been concerned almost entirely with Anglicanism, about one-tenth treats various aspects of legal history, about a quarter addresses issues of comparative ecclesiastical law – and, increasingly, inter-faith concerns – and the remainder delves into more general issues of the relationship between secular law and religious manifestation. And those proportions are probably symptomatic of the extent to which, over the last twenty years or so, both the Church of England and the wider Anglican Communion have been driven by dissent over issues such as sexuality and the ordination of women. Looking back some twenty-five years on from the start of the LLM course at Cardiff, it is becoming difficult to remember how little worth- while published work there once was, whether on Law and Religion generally or on canonical regulation specifically – at least in relation to non-Roman Catholic denominations. When I began the Cardiff course in 1998 I treated myself to a complete run of the Ecclesiastical Law Journal as basic reading material; otherwise, apart from journal articles and historical works on ecclesiastical law such as Burn5 and Phillimore,6 there were precisely six textbooks worth spending good money on: Mark Hill’s Ecclesiastical Law – the first edition of which had been published in 1995;7 Lynne Leeder’s Ecclesiastical Law Handbook;8 Rupert Bursell’s Liturgy, Order and the Law;9 the Handbook for Church Wardens and Parochial Church Councillors by Timothy Briden and Kenneth MacMorran;10 and, of course, The Legal Framework of the

4 ‘The 50 Most Inﬂuential Figures in the Anglican Church’, 9 July 2008. 5 Richard Burn, Ecclesiastical Law,9th edn (London, 1842). 6 Robert Phillimore, The Ecclesiastical Law of the Church of England,2nd edn (London, 1895). 7 The latest edition is Mark Hill, Ecclesiastical Law,3rd edn (Oxford: Oxford University Press, 2007). 8 Lynne Leeder, Ecclesiastical Law Handbook (London: Sweet & Maxwell, 1997). 9 Rupert D. H. Bursell, Liturgy, Order and the Law (Oxford: Clarendon Press, 1996). 10 The latest edition is Timothy Briden and Kenneth MacMorran, Handbook for Church Wardens and Parochial Church Councillors (London: Continium, 2010).

professor norman doe: a bibliography xxiii Church of England and Canon Law in the Anglican Communion, both by Norman. A simple name-search reveals a team of regular and occasional collaborators: most frequently Mark Hill QC and Russell Sandberg and, on occasion, Robert Ombres and myself. But a mere list of Norman’s publications can give very little indication of another of his major contributions to the field: that he has consistently encouraged his students to research areas hitherto unexplored and to publish their own work and has been extraordinarily generous in reading and commenting on the resulting drafts. Partly as a result of that, and partly as a result of his own prodigious output, the position of Law and Religion as a recognised sub- discipline within the wider field of academic law in the United Kingdom has been transformed, both in respect of the number of people involved in research and in the breadth and depth of their publications. One result of Norman’s encouragement of others is that researchers in Law and Religion are probably more various than, for example, specialists in criminal law or contract. That must be partly because it is inherently interdisciplinary, attracting the attention of clergy, historians and sociologists as well as of lawyers. As to the future, it is positively dangerous to predict the likely path of an academic in full spate and at the height of his powers. However, as Mark Hill QC suggests in Chapter 1, the next development is likely to be in the direction of comparative religious law. The Centre for Law and Religion at Cardiff has already carried out a ground-breaking comparative study of religious divorce and religious tribunals;11 and, given the furore about the place of sharia ignited by Rowan Williams’ seminal (and much misunderstood) lecture in 2008,12 it is clearly an area in which further work is sorely needed. Given Norman’s achievement in identify- ing, describing and analysing the existence of ‘Christian Law’, the next logical step would be interfaith comparative work comparing principles of Christian Law with the laws of other faiths such as Judaism and Islam. It is also likely that future scholarship will be interdisciplinary in nature, developing further Norman’s interests and background in theology and history. *****

11 See Gillian Douglas et al. ‘Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts’ (Cardiﬀ University, 2011) . 12 Rowan Williams, ‘Civil and Religious Law in England – A Religious Perspective’ (2008) 10 Ecclesiastical Law Journal 262.

xxiv professor norman doe: a bibliography 1987 ‘Non-Legal Rules and the Courts: Enforceability.’ (1987) 9 Liverpool Law Review. 173–189. 1988 ‘The Problem of Abhorrent Law and the Judicial Idea of Legislative Supremacy.’ (1988) 10 Liverpool Law Review. 113–127. 1989 (With John Morison) ‘Grande Bretagne: Notes Bibliographiques.’ (1989) 1(2) Revue Européenne de Droit Publique. 491–500; 2(2) (1990) 495–502. ‘The Judicial Doctrine of Mandate.’ (1989) 11 Liverpool Law Review. 89–98. ‘Fifteenth-Century Concepts of Law: Fortescue and Pecock.’ (1989) X History of Political Thought. 257–280. 1990 Fundamental Authority in Late Medieval English Law. Cambridge: Cambridge University Press, 1990. ‘Legal Reasoning and Sir Roger Townsend JCP (d.1493).’ (1990) 11(2) Journal of Legal History.21–25. ‘Separation and Sovereignty: Duplication in Constitutional Thought.’ (1990) 21 Cambrian Law Review.61–67. ‘The Positivist Thesis in Fifteenth-Century Legal Theory and Practice.’ (1990) 11(1) Journal of Legal History.29–39. 1991 (With John Morison) ‘Constitutional Rights and a Sovereign Legislature.’ (1991) 3(2) Revue Européenne de Droit Publique. 539–553. 1992 (ed.) Essays in Canon Law: Study of the Law of the Church in Wales. Cardiﬀ: University of Wales Press, 1992. –‘A Facilitative Canon Law: Sanctions and the Problem of Forgiveness’ 69–88. – (With David Lambert) ‘The Status and Enforceability of the Rules of the Church in Wales’ 133–150. ‘Obedience to Doctrine in Canon Law: The Legal Duty of Intellectual Assent.’ (1992) 7 Denning Law Journal.23–40.

professor norman doe: a bibliography xxv ‘Toward a Critique of the Role of Theology in English Ecclesiastical and Canon Law.’ (1992) 2(11) Ecclesiastical Law Journal. 328–346. 1994 ‘Canonical Doctrines of Judicial Precedent: A Comparative Study.’ (1994) 54 The Jurist. 205–215. ‘Churches in the United Kingdom and the Law of Data Protection.’ In Gerhard Robbers (ed.), Europaisches Datenschutzrecht und die Kirchen. Berlin: Duncker and Humblot, 1994. 167–183. ‘The Legal Protection of Religious Minorities in the United Kingdom.’ In The Legal Status of Religious Minorities in the Countries of the European Union, Proceedings of the European Consortium for Church-State Research. Milan: Guiﬀrè, 1994. 299–319. 1996 The Legal Framework of the Church of England: A Critical Study in aComparativeContext. Oxford: Clarendon Press, 1996. (With James Young) ‘Law and Administration in England from the Middle Ages to the 17th Century.’ (1996) 8 Jahrbuch fur Europaische Verwaltungsgeschichte.1–18. ‘Les Églises Anglicanes du Royaume Uni: la Loi et l’Ordination des Femmes à la Prêtrise.’ (1996) 46.1 Revue de Droit Canonique.59–73. ‘Marginalising the Law in the Church of England.’ (1996) 147 Parson and Parish.8–17. ‘National Identity, the Constitutional Tradition and the Structures of Law on Religion in the United Kingdom.’ Religions in European Union Law. Proceedings of the European Consortium for Church and State Research. Milan: Guiﬀrè, 1996. 93–118. 1997 ‘Ministers of Religion and Employment Law in the United Kingdom: Recent Judicial Developments.’ (1997) XIII Anuario de Derecho Ecclesiástico del Estado. 349–355. New Dictionary of National Biography. Oxford: Oxford University Press, revised entries for Catesby, Sir John (d.1486), Choke, Sir Richard (d.1483), Danby, Sir Robert (d.1471), Hody, Sir John (d.1441), Hussey or Huse, Sir William (d.1495), Phillimore, Sir Robert (d.1885) (1997–2001).

xxvi professor norman doe: a bibliography 1998 Canon Law in the Anglican Communion: A Worldwide Perspective. Oxford: The Clarendon Press, 1998. (ed.: with Mark Hill and Robert Ombres) English Canon Law: Essays in Honour of Bishop Eric Kemp. Cardiﬀ: University of Wales Press, Cardiﬀ, 1998. –‘Ecclesiastical Quasi-Legislation’ 93–103. ‘Ecclesiastical Law and the Anglican Church in Sri Lanka.’ (1998) 10 Sri Lanka Journal of International Law.89–102.

1999 ‘The Citizen, the Believer and the Law in the United Kingdom: England and Wales.’ In Citizens and Believers in the Countries of the European Union, Proceedings of the European Consortium for Church and State Research. Peeters 1999 159–184. ‘Les Origines Historiques du Droit de Religion dans les Isles Brittaniques: 1800–1920.’ In Brigitte Basdevant-Gaudemet and Francis Messner (eds). Les Origines Historiques du Statut des Confessions Religieuses dans les Pays de l’Union Europeene.Paris, 1999. 187–193. ‘The Principles of Canon Law: A Focus of Legal Unity in Anglican– Roman Catholic Relations.’ (1999) 5 (25) Ecclesiastical Law Journal. 221–240. 2000 ‘Canon Law and Church Property in the Anglican Communion: An Overview.’ In James Fox (ed.), Render unto Caesar: Church Property in Roman Catholic and Anglican Canon Law. Rome: Pontiﬁcal University of St Thomas Aquinas. 2000. 38–56. (With Javier García Oliva and Sara Acuña Guirola) ‘La Situación Especial de la Iglesia en Gales: Consideraciones Juridicas.’ (2000) 8 Derecho y Opinión. 319–328. 2001 (With Robert Ombres) ‘Faithful Discipleship: Comparative Canon Law and Clergy Discipline.’ In Mark Hill (ed.), Faithful Discipleship: Clergy Discipline in Anglican and Roman Catholic Canon Law. Rome, 2001. 271–297.

professor norman doe: a bibliography xxvii (With Anthony Jeremy) ‘Justifications for Religious Autonomy.’ In Richard O’Dair and Andrew Lewis (eds). Law and Religion, Current Legal Issues Volume 4. Oxford: Oxford University Press, 2001. 421–442. ‘Pour Une Première Analyse de la Notion d’Église Nationale.’ (2001) 43 L’Année Canonique.1–11. ‘Canon Law and Communion.’ (2001) 20 The Anglican.5–10; revised for (2002) 6 Ecclesiastical Law Journal. 241–263; and (2003) 3 International Journal for the Study of the Christian Church.85–117 2002 TheLawoftheChurchinWales.Cardiff: University of Wales Press, 2002. ‘Canonical Approaches to Human Rights in Anglican Churches.’ In Mark Hill (ed.), Religious Liberty and Human Rights. Cardiff: University of Wales Press, 2002. 185–206. (With J Nicholson) ‘Das Verhaltnis von Gesellschaft, Staat und Kirche in Grossbritannien.’ In Burkhard Kämper and Michael Schlagheck (eds). Zwischen Nationaler Identitat und Europaischer Harmonisierung. Berlin, 2002. 59–84. (With Javier García Oliva) ‘The Idea of National Church in the United Kingdom and Spain: A Comparative Study.’ (2002) XIX Sri Lanka Journal of International Law.1–22. 2003 (With Robert Ombres) ‘Il Minstero Sacro nel Diritto Della Communione Anglicana e della Chiesa di Roma.’ (2003) 3 Daimon: Annuario di Diritto Comprato delle Religioni.67–95. ‘The Common Law of the Anglican Communion.’ (2003) 7 Ecclesiastical Law Journal.4–16. ‘The Notion of National Church: A Juridical Framework.’ (2003) 149 Law and Justice.77–90. 2004 (ed.) The Portrayal of Religion in Europe: The Media and the Arts, Proceedings of the European Consortium for Church and State Research. Leuven: Peeters, 2004. –‘Religion and Media Law in Europe: A Comparative Study’ 287–315.

xxviii professor norman doe: a bibliography ‘A Sociology of Law on Religion – Towards a New Discipline: Legal Responses to Religious Pluralism in Europe.’ (2004) 152 Law and Justice.68–92. (With Mark Hill, Frank Cranmer, Javier García Oliva and Cristiana Cianitto) ‘Memorandum on Public Authorities and Religious Organisations.’ In The Meaning of Public Authority under the Human Rights Act. Seventh Report of Session 2003–4, House of Lords, House of Commons, Joint Committee on Human Rights. (HL Paper 39, HC 382) 57–70. (With Noel Dias) ‘Prosecutorial Discretion and Pre-Trial Processes.’ (2004) 16 Sri Lanka Journal of International Law. 235–262. ‘The Church in Wales and the State: A Juridical Perspective.’ (2004) 2 Journal of Anglican Studies.99–124. 2005 (Ed.: with James Conn and Joseph Fox) Initiation, Membership and Authority in Anglican and Roman Catholic Canon Law. Rome, 2005. –‘Canonical Dimensions of ARCIC on Authority: an Anglican Perspective.’ 213–227. – (With Robert Ombres) ‘Christian Initiation and Belonging: Comparative Canon Law.’ 197–206. –‘Termination of Membership in Anglican Canon Law.’ 109–120. (With Heather Payne) ‘Public Health and the Limits of Religious Freedom.’ (2005) 19(2) Emory International Law Review. 539–555. (With Roger Ruston) ‘Secrets, Religion et Droit au Royaume Uni.’ In Jacqueline Flauss-Diem (ed.), Secret, Religion, Normes Étatiques. (2005) Presses Universitaires de Strasbourg. 119–143. ‘The Anglican Covenant Proposed by the Lambeth Commission.’ (2005) 8 Ecclesiastical Law Journal. 147–161. 2006 (Ed.: with Richard Puza) Religion and Law in Dialogue: Covenantal and Non-Covenantal Cooperation between State and Religion in Europe. Proceedings of the European Consortium for Church and State Research. Leuven: Peeters, 2006. –‘The Concordat Concept as Constitutional Convention in Church– State Relations in the United Kingdom.’ 237–250. ‘Ordination, Canon Law and Pneumatology: Validity and Vitality in Anglican–Roman Catholic Dialogue.’ (2006) 8 Ecclesiastical Law Journal. 406–424.

professor norman doe: a bibliography xxix (With Mark Hill and Russell Sandberg) ‘The Canon Law of the Anglican Communion: An Emerging Reality.’ Österreichisches Archiv für Recht & Religion, (2006) 53(2). 193–204. (With Russell Sandberg) ‘The “State of the Union” A Canonical Perspective: Principles of Canon Law in the Anglican Communion.’ (2006) 49(2) Sewanee Theological Review. 234–246. 2007 (With Russell Sandberg) ‘Church–State Relations in Europe.’ (2007) 1(5) Religion Compass. 561–578. (With Russell Sandberg) ‘Religious Exemptions in Discrimination Law.’ (2007) 66(2) Cambridge Law Journal 302–312. 2008 An Anglican Covenant: Theological and Legal Considerations for a Global Debate. London: Canterbury Press, 2008. (With Anna Harlow and Frank Cranmer) ‘Bishops in the House of Lords: A Critical Analysis.’ [2008] Public Law 490–509. ‘Common Principles of Canon Law in Anglicanism.’ In Kenneth Stevenson (ed.), A Fallible Church: Lambeth Essays. London: Darton Longman Todd, 2008. 86–121. ‘Modern Church Law.’ In John Witte Jr and Frank S Alexander (eds), Christianity and Law: An Introduction.Cambridge: Cambridge University Press, 2008. 271–291 ‘Protestantism in Europe: Juridical Perspectives.’ (2008) 3 Derecho y Religión.91–107. ‘Setting the Law on Anglicans.’ (2008) Church Times 19–21. ‘The Contribution of Common Principles of Canon Law to Ecclesial Communion in Anglicanism.’ (2008) 8(2) International Journal for the Study of the Christian Church. 93-111. ‘The First Ten Years of the Centre for Law and Religion, Cardiﬀ University.’ (2008) 10 Ecclesiastical Law Journal. 222–233. (With Russell Sandberg) ‘The Strange Death of Blasphemy.’ (2008) 71(6) Modern Law Review. 971–986. (With Russell Sandberg) ‘The Changing Criminal Law on Religion.’ (2008) 161 Law and Justice 88–97. 2009 (Ed.) Marriage in Anglican and Roman Catholic Canon Law. Cardiﬀ: Centre for Law and Religion, 2009.

xxx professor norman doe: a bibliography –‘Inter-Church and Inter-Faith Marriages in Anglican Canon Law’ 95–115. (Ed.) The Formation and Ordination of Clergy in Anglican and Roman Catholic Canon Law. Cardiﬀ: Centre for Law and Religion, 2009. – (With Robert Ombres) ‘The Ministry of Clergy in Anglican and Roman Catholic Canon Law’ 5–24. –‘Theological Education in Anglicanism: Global Policy and its Canonical Dimensions’ 91–102. ‘A Decade of Ecumenical Dialogue on Canon Law, A Report of the Proceedings of the Colloquium of Anglican and Roman Catholic Canon Lawyers 1999–2009.’ (2009) 11 (3) Ecclesiastical Law Journal. 284–328. ‘Towards a “Common Law” on Religion in the European Union.’ (2009) 37 Religion, State and Society. 147–166; In Lucian N Lustean and John TS Madeley (eds), Religion, Politics and Law in the European Union. London: Routledge, 2009. 147–160. 2010 (Ed.: with Russell Sandberg) Law and Religion: New Horizons. Leuven: Peeters, 2010. – (With Russell Sandberg) ‘Introduction.’ 9–12. –‘The Concept of Christian Law – a Case Study: Concepts of “a Church” in a Comparative and Ecumenical Context.’ 243–273. – (With Russell Sandberg) ‘Conclusion: New Horizons.’ 315–332. (With Russell Sandberg, Frank Cranmer, Mark Hill and Javier García Oliva) ‘Religion–Government Relations.’ InJGordonMelton(ed.), Religions of the World: A Comprehensive Encyclopaedia of Beliefs and Practices. California: ABC-CLIO, 2010. (With Russell Sandberg) ‘Canon and Ecclesiastical Law.’ In Alberto Melloni (ed.), Dizionario del Sapere Storico – Religioso del Noveceto. Bologna: Societa Editrice Il Mulino, 2010. 740–749. ‘The Apostolic Constitution Anglicanorum Coetibus:An Anglican Juridical Perspective.’ (2010) 12 Ecclesiastical Law Journal. 304–23. (With Russell Sandberg and Mark Hill) over 50 entries on ecclesiastical law as Specialist Contributing Editors to Jowitt’s Dictionary of English Law, 2 Vols. London: Sweet and Maxwell, 2010.