The Teaching of Church Law: An Ecumenical Exploration Worldwide

2013 ◽  
Vol 15 (3) ◽  
pp. 267-292
Author(s):  
Norman Doe
Keyword(s):  
Canon Law ◽  
Church Of England ◽  
Law Schools ◽  
Legal Studies ◽  
Ministerial Education ◽  
The United Kingdom ◽  
Global Christianity ◽  
The Law ◽  
Church Law

Religion law – the law of the state on religion – has been taught for generations in the law schools of continental Europe, though its introduction in those of the United Kingdom is relatively recent. By way of contrast, within the Anglican Communion there is very little teaching about Anglican canon law. The Church of England does not itself formally train clergy or legal officers in the canon and ecclesiastical laws that they administer. There is no requirement that these be studied for clerical formation in theological colleges or in continuing ministerial education. The same applies to Anglicanism globally – though there are some notable exceptions in a small number of provinces. This is in stark contrast to other ecclesiastical traditions: the Catholic, Orthodox, Lutheran, Methodist, Reformed, Presbyterian, Baptist and United churches all provide training for ministry candidates in their own systems of church law, polity or order. However, no study to date has compared the approaches of these traditions to the teaching of church law today. This article seeks to stimulate an ecumenical debate as to the provision, purposes, practices and principles of the teaching of church law across the ecclesiastical traditions of global Christianity. It does so by presenting examples of courses offered (institutions, purposes, subjects, methods and levels), the educative role of church law itself, requirements under church law for church officers to study the subject, and parallels from the secular world in terms of debate in the academy and practice on the nature of legal education, particularly the role played in it by the Critical Legal Studies movement.1

scholarly journals Fit for Purpose? Exploring the Role of Freedom of Information Laws and Their Application for Watchdog Journalism

2021 ◽  
pp. 194016122110067
Author(s):  
Mária Žuffová
Keyword(s):  
Differential Treatment ◽  
Freedom Of Information ◽  
The United Kingdom ◽  
The Press ◽  
Fit For Purpose ◽  
The Law ◽  
Ground Delays ◽  
Democratic Principles ◽  
State Relations

Despite great volume of research into press–state relations, we know little about how journalists use information that has been generated through independent bureaucratic processes. The present study addresses this gap by investigating the role of freedom of information (FOI) laws in journalism practice. By surveying journalists ( n = 164), interviewing activists and civil servants ( n = 7) and submitting FOI requests to twenty-one ministerial departments in the United Kingdom, this study explores press-state interactions and the limits of Freedom of Information Act (FOIA) application to advance the media’s monitorial function. The results show that journalists perceive FOIA as an essential tool for their work. However, they often described their experience as negative. They reported refusals lacking legal ground, delays, not responding at all or differential treatment. In response to gating access, journalists might also adopt tactics that use loopholes in the law. The press-state interactions, already marked by suspicion, thus, continue to perpetuate distrust. These findings might have implications for journalism practices, FOIAs’ potential for government oversight and democracy. In particular, the differential treatment of requests undermines equality under the law, one of the fundamental democratic principles. The study concludes with several policy recommendations for FOIA reform to meet journalists’ needs better.

scholarly journals The role of administration in the procedure of expropriation

1997 ◽  
Vol 69 (9) ◽  
pp. 122-142
Author(s):  
Zoran Lončar
Keyword(s):  
Crucial Role ◽  
The State ◽  
Law Schools ◽  
State Administration ◽  
The Law

The paper presents the fundamental factors of expropriation (term, concept, history, law reasons, object, subjects) and the role of administration in the procedure of expropriation. From the aspect of whole procedure the author concludes that the state administration has a crucial role. Because of that in the law schools, expropriation in the largest volume would enter the scope of administration law.

The Lex Fori

2019 ◽  
pp. 172-194
Author(s):  
Adrian Briggs
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
English Court ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

This chapter examines of the role of the lex fori in English private international law before proceeding to examine the rules of the conflict of laws applicable in an English court. Issues for which the rules of the conflict of laws select the lex fori as the law to be applied include grounds for the dissolution (as distinct from nullity) of marriage, even if the marriage has little or nothing to do with the United Kingdom; or settlement of the distribution of assets in an insolvency even though there may be significant overseas elements. Where the rules of the conflict of laws select a foreign law, its application, even though it is proved to the satisfaction of the court, may be disrupted or derailed by a provision of the lex fori instead. The remainder of the chapter covers procedural issues; penal, revenue, and public laws; and public policy.

Law and Philosophy: The Contribution of Mr. Roy Stone

1968 ◽  
Vol 26 (1) ◽  
pp. 131-140
Author(s):  
T. B. Hadden
Keyword(s):  
Recent Trend ◽  
Good Deal ◽  
Legal Studies ◽  
The Social ◽  
Total Failure ◽  
Important Means ◽  
The Subject ◽  
The Law ◽  
Integrated Study

The recent trend towards the socialisation of legal studies has not unnaturally caused a good deal of confusion and disagreement on the role of jurisprudence. However, since the law is centred on dispute and argument, there can be little real objection to the extension of the process to the philosophy of law. Still it would be difficult to devise a less immediately appealing way of re-establishing and reviving the subject of jurisprudence than another dose of the schools, or another tendentious review of contemporary exponents. My excuses for doing just that are not even particularly novel—an appreciation of the importance of the pressures towards an empirical approach to law and legal studies, and the usual desire to get some of the more distracting flies safely corked back again into their bottles. However, the total failure of the recent Cambridge Committee on the Organisation of the Social Sciences to produce even the outline of an overall structure for the integrated study of the law as an important means of social control does at least provide a suitable opportunity for the re-examination of the role of jurisprudence.

How Much “Law” in Legal Studies? Approaches to Teaching Legal Research and Doctrinal Analysis in a Legal Studies Program

2014 ◽  
Vol 29 (03) ◽  
pp. 297-310 ◽  
Author(s):  
Vincent Kazmierski
Keyword(s):  
Research Methods ◽  
Legal Education ◽  
Multiple Roles ◽  
Methods Course ◽  
Law Schools ◽  
Legal Research ◽  
Pedagogical Strategies ◽  
Legal Studies ◽  
Professional Law

Abstract This article addresses the teaching of legal research methods and doctrinal analysis within a legal studies program. I argue that learning about legal research and doctrinal analysis is an important element of legal education outside professional law schools. I start by considering the ongoing debate concerning the role of legal education both inside and outside professional law schools. I then describe the way in which the research methods courses offered by the Department of Law and Legal Studies at Carleton University attempt to reconcile the tension between “law” and legal studies. In particular, I focus on how the second-year research methods course introduces students to “traditional” legal research and doctrinal analysis within a legal studies context by deploying a number of pedagogical strategies. In so doing, the course provides students with an important foundation that allows them to embrace the multiple roles of legal education outside professional law schools.

The Church of England and the Law of Divorce since 1837: Marriage Discipline, Ecclesiastical Law and the Establishment

1994 ◽  
Vol 45 (4) ◽  
pp. 625-641
Author(s):  
Bruce S. Bennett
Keyword(s):  
Canon Law ◽  
Church Of England ◽  
Essential Point ◽  
Ecclesiastical Law ◽  
The Status ◽  
Practical Reality ◽  
State Changes ◽  
The Law ◽  
The Relationship ◽  
The Church

Ever since Henry VIII, the law of marriage has occupied a special place in the relationship between the Church of England and the state. Changes made to the law since 1857 have raised far-reaching and difficult questions about the nature of this relationship, involving the status of canon law. Marriage in church has remained, perhaps even more than the other rites of passage, an essential point at which the Church of England still touches the lives of great numbers of the otherwise unchurched, and these questions have thus impinged on the practical reality of the Church's work.

The Challenges of Teaching Comparative Law and Socio-Legal Studies at Indonesia's Law Schools

2019 ◽  
Vol 14 (S1) ◽  
pp. S229-S244
Author(s):  
Herlambang P WIRATRAMAN
Keyword(s):  
Social Change ◽  
Research Methods ◽  
Legal System ◽  
Comparative Law ◽  
Law Schools ◽  
Legal Research ◽  
Legal Studies ◽  
Interdisciplinary Approaches ◽  
Source Materials

AbstractThis article addresses the role of legal research methodologies in the development of legal science and the creation of social change in Indonesia. Based on fieldwork conducted at Indonesian law schools between 2014 and 2016, this article reveals that legal research methods taught in Indonesia are starkly divided into normative-juridical and empirical-juridical approaches. Misunderstandings between adherents of these different schools of thought pose significant obstacles to the development of interdisciplinary approaches to law that span or go beyond the divide. Methodological conflicts resulting in the absence of socio-legal approaches in Indonesian law schools, coupled with outdated and limited source materials, limit the study of comparative law in Indonesia to the mere comparison of statutes and rules shorn of socio-political context. They also fail to instill awareness of the importance of considering social – on top of legal – impact in the context of Indonesia's complex and pluralist legal system.

Murmurings

2021 ◽  
pp. 11-35
Author(s):  
Ian Ward
Keyword(s):  
Church Of England ◽  
Legal Profession ◽  
Labour Party ◽  
Public Institutions ◽  
Law School ◽  
The Other ◽  
Legal Practice ◽  
Legal Studies ◽  
The Law ◽  
The Church

This chapter focusses on David Hare’s Murmuring Judges; part of his critically acclaimed ‘State of the Nation’ trilogy, produced in the late 1980s and early 1990s. In each of these plays, Hare focussed his attention on the seeming dysfunctionality of particular public institutions. The other two plays in the set examined the Church of England and the Labour Party. Murmuring Judges, as the title suggests, focusses its attention on the legal profession; more closely still the Bar and the police. Hare’s critique of legal practice, and education, chimed with contemporary movements in ‘critical legal studies’ or CLS, as it became known. The CLS movement sought to uncover the ‘politics of the law’, and its consequence, arguing that its roots could be located in the modern law school. This chapter brings this claim and Hare’s play into alignment.

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