Ecclesiastical Law Journal
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Ecclesiastical Law Journal Volume 16 2014 PUBLISHED BY CAMBRIDGE UNIVERSITY PRESS ON BEHALF OF THE ECCLESIASTICAL LAW SOCIETY Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.229, on 25 Sep 2021 at 08:45:22, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X14000842 Consolidated List of Contents for Volume 16 EDITORIAL Will Adam 1, 129, 263 ARTICLES The Clergy Discipline Measure 2003: A Progress Report Adrian Iles 3 Law and the Art of Defining Religion Celia G Kenny 18 The Debate over Open Communion in the Episcopal Church: Ecclesiastical Disobedience or Lawlessness? James D Prendergast 32 Law, Morality and Religion in the Family Courts Sir James Munby 131 Hooker, Warburton, Coleridge and the ‘Quadruple Lock’: State and Church in the Twenty-first Century Nicholas Sagovsky 140 The Metalegal God Rafael Domingo 147 The Oath of Canonical Obedience Rupert Bursell QC 168 Religion, the Rule of Law and Discrimination Sir Terence Etherton 265 Solemnisation of Same-sex Marriage and Religious Freedom Rex Ahdar 283 The Synod of Bishops: Canon Law and Ecclesial Dynamics Robert Ombres OP 306 ‘Anglicanism’ and the Origins of the Church of England Peter McCullough 319 COMMENT The Faculty Jurisdiction Rules 2013: Simpler Process, Equal Protection Mark Hill QC 47 Disability and Demonstrating Christian Commitment Andrea Loux Jarman 57 Women Bishops and the Recognition of Orders Will Adam 187 Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.229, on 25 Sep 2021 at 08:45:22, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X14000842 Redundant Crimes of Blasphemy in Scotland Angelo Falsone 190 Defining the Divine Russell Sandberg 198 Accommodating Bishops Frank Cranmer and David Pocklington 335 The Constitution of the Anglican Church in Aotearoa, New Zealand and Polynesia: A Model for Europe? Hanns Engelhardt 340 NOTABLE ECCLESIASTICAL LAWYERS IV – William of Drogheda (c 1200–1245) V – Sir Daniel Dun (c 1545–1617) IV – Sir Leoline Jenkins (1625–1685) Richard Helmholz 66, 205, 351 PARLIAMENTARY REPORTS Frank Cranmer 72, 211, 357 SYNOD REPORTS General Synod of the Church of England Stephen Slack 77 General Assembly of the Church of Scotland Frank Cranmer 80 Governing Body of the Church in Wales Philip Morris 83 General Synod of the Church of Ireland Michael Davey 86 General Synod of the Scottish Episcopal Church Ivor Guild 88 Joint Assembly of the Anglican Church of Canada and the Evangelical Lutheran Church in Canada Alan T Perry 93 CONFERENCE REPORTS Third ICLARS Conference: Religion, Democracy and Equality Greg Walsh 96 Religion and Human Rights: Twentieth Annual International Law and Religion Symposium Mark Hill QC 97 Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.229, on 25 Sep 2021 at 08:45:22, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X14000842 Christian Law: An Ecumenical Initiative Mark Hill QC 215 Legal Issues in Ministerial Training Marco Ventura 217 The Fifteenth Colloquium of Anglican and Roman Catholic Canon Lawyers Robert Ombres OP 363 The Law and Religion Scholars Network Caroline K Roberts 365 BOOK REVIEWS A Test of Faith? Relgious Diversity and Accommodation in the European Workplace, edited by Katayoun Alidadi, Marie-Claire Foblets and Jogchum Vrielink Review by Sir James Dingemans 100 Freedom of Religion under Bills of Rights, edited by Paul Babie and Neville Rochow Review by John Witte Jr 101 Bigamy and Christian Identity in Late Medieval Champagne, by Sara McDougall Review by W Becket Soule OP 103 Why Tolerate Religion?, by Brian Leiter Review by Roger Trigg 106 The Presumption of Innocence in Canonical Trials of Clerics Accused of Child Sexual Abuse: An Historical Analysis of the Current Law, by William Richardson Review by James Campbell SJ 108 Equality, Freedom, and Religion, by Roger Trigg Review by Peter Jones 110 The Roman Inquisition: A Papal Bureaucracy and its Laws in the Age of Galileo, by Thomas F Mayer Review by Robert Ombres OP 112 Conscience and Conviction: The Case for Civil Disobedience, by Kimberley Brownlee Review by Bryan Vernon 219 The History of Byzantine and Eastern Canon Law to 1500, edited by Wilfried Hartmann and Kenneth Pennington Review by W Becket Soule OP 220 Canon Law, Religion, and Politics: Liber Amicorum Robert Somerville, edited by Uta-Renate Blumenthal, Anders Winroth and Peter Landau Review by W Becket Soule OP 223 Law and the Wearing of Religious Symbols: European Bans on the Wearing of Religious Symbols in Education, by Erica Howard Religious Symbols in Public Functions: A Comparative Analysis of Dutch, English and French Justifications for Limiting the Freedom of Public Officials to Display Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.229, on 25 Sep 2021 at 08:45:22, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X14000842 Religious Symbols, by Hana van Ooijen Review by Peter Smith 227 The Religion of Law: Race, Citizenship and Children’s Belonging, by Suhraiya Jivraj Review by Peter Smith 229 Diversity and European Human Rights: Rewriting Judgments of the ECHR, edited by Eva Brems Review by Hedley Christ 231 Censored: How European ‘Hate Speech’ Laws Are Threatening Freedom of Speech, by Paul B Coleman Review by Matthew Gibson 234 The Agnostic Age: Law, Religion, and the Constitution, by Paul Horwitz Review by R M Morris 236 Islam, Sharia and Alternative Dispute Resolution: Mechanisms for Legal Redress in the Muslim Community, by Mohammed H Keshavjee Review by Mark Hill QC 238 Israel as a Jewish and Democratic State, edited by Asher Maoz Review by Yazid Said 240 Marriage and Divorce in a Multicultural Context: Multi-tiered Marriage and the Boundaries of Civil Law and Religion, edited by Joel A Nichols Review by Raffia Arshad 368 Richard Hooker and Anglican Moral Theology, by A J Joyce Review by Catherine Shelley 370 Religion, Rights and Secular Society: European Perspectives, edited by Peter Cumper and Tom Lewis Review by Paul Coleman 372 The Headscarf Controversy: Secularism and Freedom of Religion, by Hilal Elver Review by Helen Hall 374 Judicial Review in an Age of Moral Pluralism, by Ronald C Den Otter Review by Ed Morgan 375 Law, State and Religion in the New Europe: Debates and Dilemmas, edited by Lorenzo Zucca and Camil Ungureanu Review by Roger Trigg 377 Islam and English Law: Rights, Responsibilities and the Place of Shari ,a, edited by Robin Griffith-Jones Review by Mark Emerton 379 CASE NOTES Edited by Ruth Arlow 115, 244, 384 CARDIFF UNIVERSITY DISSERTATIONS 260 Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.229, on 25 Sep 2021 at 08:45:22, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X14000842 Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.229, on 25 Sep 2021 at 08:45:22, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X14000842 Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.229, on 25 Sep 2021 at 08:45:22, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X14000842 0956618X_16-3_0956618X_16-3 06/08/14 6:49 PM Page 2 Ecclesiastical Law Journal Ecclesiastical Law Journal Editor Will Adam The Ecclesiastical Law Journal is published by the Book Reviews Consultant Editor Mark Hill QC Ecclesiastical Law Society. The views expressed in Books for review may be sent to: JDC Harte, any article, comment, review or other publications in Book Review Editor, Ecclesiastical Law Journal, Book Review Editor David Harte this Journal do not necessarily accord with those 8 Westminster Gate, Winchester, SO22 4LN; Case Notes Editor Ruth Arlow of the Editor, the Editorial Board, or the Society Tel 01962 859555; E-mail: [email protected] Parliament & Synod Editor Frank Cranmer as a whole. Case Notes Submission of Articles and Comment Matters relating to case notes should be addressed to: EDITORIAL BOARD The Ecclesiastical Law Journal covers all aspects of The Worshipful Ruth Arlow, Ecclesiastical Law Professor Sir John Baker QC University of Cambridge ecclesiastical law, with a particular emphasis on the Journal, 5 Temple Chambers, Temple Street, Swindon legal regulation of the Church of England and the SN1 1SQ; Tel 01793 539899; Fax 0845 259 3242; Garth Blake SC Professional Standards Commission, Anglican Church of Australia worldwide Anglican Communion. Its range of E-mail: [email protected] Professor Ana María Celis Brunet Catholic University of Chile, Santiago coverage also includes comparative studies of the Parliamentary Report and Synod Reports Professor Norman Doe Centre for Law and Religion, Cardiff University laws of other faiths and of the interface between law Matters relating to synod reports and parliamentary Professor Silvio Ferrari University of Milan and religion in United Kingdom jurisprudence and activities should be addressed to: Frank Cranmer, worldwide. General policy is developed by the Editor The Right Worshipful Charles George QC Dean of the Arches, London 145 Marsham Court, Marsham Street, London SW1P in collaboration with the Editorial Board. Professor Richard Helmholz University of Chicago 4LB; Tel 07774 981988; The Ecclesiastical Law Journal is peer reviewed and E-mail: [email protected] Sir John Laws Lord Justice of Appeal, London operates an anonymous double blind refereeing Ecclesiastical Law Society Professor Douglas Laycock University of Virginia School of Law process using members of the Editorial Board Inquiries with regard to membership of the together with others expert in the particular field Professor Ian Leigh Department of Law, Durham University Ecclesiastical Law Society, should be addressed to: concerned.