JURISPRUDENCE

admission to school, who is a Jew? - 2010, 164, 95
Alternative Dispute Resolution: has it become compulsory? - 2016, 177, 130
anti-discrimination & Equality Act in USA: Senate reasoning based on 'textualism' & scope of term 'sex' - 2020, 185, 110
anti-discrimination legal systems of EU derived law and ECHR jurisprudence: comparing spheres of operation, characteristics protected & justification different - 2015, 174, 77
anti-Semitism is a 'philosophical belief' but is not protected as is not worthy of respect (case) - 2013, 171, 104
Ashers judgment: significance in context of religious / sexual discrimination cases - 2018, 181, 156
assassination (eg of bin Laden): can it be justified? - 2005, 154, 35
Aquinas (like Aristotle) doesn't distinguish ethics & public law; happiness is pursued via virtue with law to help - 2019, 183, 118
Aquinas' four criteria for a just law; applied to see when human laws or rules should change - 2019, 183, 176
Aquinas on how human law develops both in itself and in how it is applied - 2019, 183, 134
Aquinas on the development of law: an introduction - 2019, 183, 113
Aquinas on the development of law: summary of ideas on common good, reasonableness, cooperative effort & use of scripture - 2019, 183, 192
Aquinas sees human law as applying natural law to particular historical situations; it develops to do this better - 2019, 183, 118
Aquinas thinks law (including natural) should be made & received rationally; equity may need applying to achieve purpose - 2019, 183, 118
Are their Rulers, or are we all Subjects?; importance of diffusion of power - 2020, 184, 25
Augustine on difference between a Kingdom & a band of robbers; how internal justice can leave outsiders exploited c.f. slavery, Nazis - 2020, 184, 7; 2020, 185, 140
Augustine on law: objective morality exists (natural law), justice is to promote love, law can't promote virtue, human justice falls short - 2020, 185, 140
Augustine on law & jusstice; importance to Western Christian thought & natural law theory - 2020, 185, 140
Augustine on limitations of human law & justice; law only needed due to Fall; development of ideas as Idealism, Realism etc - 2020, 185, 140
Bible: influence on British political life & thought, the Coronation service and Parliament - 2013, 170, 49
Bible as foundational to British political views of nationhood, justice, democracy, equality & toleration - 2013, 170, 49
Bible influencing political thought, durable and legimate ways for this to happen - 2013, 170, 49
black death: development in common law trespass writs; action on the case - 2022, 188, 38
black death, legal importance of; reassessed from vantage point of covid experience - 2022, 188, 38
Böckenförde, Ernst-Wolfgang: writings on constitutional law, secular nation state & neutrality of state on values - 2021, 186, 10
Böckenförde: why secular law should not be grounded in natural law - 2021, 186, 10
Buddhist views of the nature of the state, importance of truth & of individuals, avoiding use of force and manufacture of weapons (importance to international law of) - 2010, 164, 3
can Christians make judgements? - 2018, 180, 3
case law and legal principles - 1972, 36, 88
case law favouring direct discrimination against NI bakers not to make cake in support of same-sex marriage; no need for comparator, can elide meaning of message with claimant's identity; correct & proportional? - 2016, 177, 119
'caste', should it come under Equality Act 2010; undecided (case) - 2015, 175, 298
Catholic Union of Great Britain commentary on the Bill of Rights announced in the Queen's Speech 2022: rights as fundamental; dangers of introducing new & disputed rights; linked to responsibilities; importance of swift remedy - 2022, 188, 51
changing model of secular government: from control to networking - 2004, 153, 128
child abuse cases: vicarious liability (Maga case and others), bar being lowered - 2011, 167, 20
Christian commercial litigators must extend shalom to enemies & be careful that Alternative Dispute Resolution promotes real justice, not just settlement - 2016, 177, 130
Christian views for and against modern human rights law: problems of aggressive individualism - 2013, 170, 19
Christian views on law having limits so that freedom is preserved - 2013, 170, 19
church law should concentrate on essentials or could alienate non-churchgoers e.g. Jehovah's Witness ban on transfusions, Brethren ban on eating with non-members, political standpoints etc - 2012, 169, 157
Church in Wales: courts system established and subsequent changes to this; do these changes affect impartiality? - 2017, 179, 171
clerical 'duty of care' over children likely to be rare outside of sexual abuse cases (e.g. Maga) - 2011, 167, 11
Common Good: what is this?; importance for just law - 2019, 183, 176
common law systems, their underlying spirit - 1969, 23, 59
'compelled speech': Supreme Court suggests in Ashers case that people should not be forced to exress something with which they disagree - 2018, 181, 156
connection between law of God / ethics & human law illustrated by Nazi Germany - 2014, 172, 4
conscientious objections of Christians, does new public morality override these? - 2013, 170, 19
Constitution of the USA, is it a living document? - 2006, 156, 3
'constitutional' changes in Divine and natural law due to the Fall & atonement; matrimony used to illustrate - 2019, 183, 134
coronavirus laws that restrict religious practice, is this against human rights & are guidelines that are taken as laws lacking due scrutiny? - 2020, 184, 3
coronavirus restrictions UK: judicial reviews refused except for Article 9 issues with Catholic church restrictions, possibly academic (case) - 2020, 185, 107 & 188; further hearing ruled Article 9 point was academic - 2022, 188, 95
coronavirus restrictions UK: Muslim challenge to closure of places of worship; judicial review allowed (case) - 2020, 185, 107 & 200
cost of getting justice, threat to UK rule of law due to - 2020, 184, 7
Council of Europe: documents relating to religion & problems addressing concerns in widely different member states - 2009, 162, 36
courts, their role in remedying legislative defects - 1972, 37, 154
Covid 19: did this cause a legal crisis due to focus on expediency rather than justice? - 2020, 184, 25
Covid 19: laws seems to exemplify legal positivism & undermine rule of law due to inability to plan - 2020, 184, 25
Covid 19 legal effects: understanding the present by considering the black death legal changes to labour laws, local power increases, legal institutions, education & common law developments - 2022, 188, 38
critical legal pluralist analysis of Begum case: multi-faceted influences & interactions - 2012, 169, 224
critical legal studies: Kennedy & Unger - 1999, 142/143, 122
custody and possession of body or ashes after death or disinterment: legal principles - 2014, 173, 145
death penalty, power of the state vs individuals - 2006, 156, 3
democratic decisions, should they be subject to a value system? - 2018, 180, 82
democracy, interpretations of: procedural or substantive - 2018, 180, 82
direct discrimination: elasticity of concept, Supreme Court ruling protected characteristic must be in complainant, not the discriminator - 2018, 181, 156
discretion, judicial review of the exercise of -1977, 54/55, 125
discrimination in appropriate way, treating different cases differently - 1998, 136/137, 13
discrimination law: importance of correct comparators and correct notions of indissociability & associative factors - 2018, 181, 156
discrimination on grounds of religion or belief, changing nature of; political beliefs now appear protected under same legislation - 2015, 175, 180
dispute resolution in family breakdown: research / reform needed into legal, quasi-legal & non-legal means - 2016, 177, 181
divorce petition due to unreasonable behaviour, only analysed via a few incidents, had to be rejected; judges debate law change required? (case) - 2018. 181, 247
divorced father wants Orthodox single-sex education for children, mother upheld in wanting co-ed school, court won't pass judgment on religious beliefs if not incompatible with human dignity (case) - 2013, 170, 118
duty of care, judicial developments of concept - 1984, 80/81, 4
'duty of care' cases and direct liability in negligence, analysis of (especially for clerics) - 2011, 167, 11
equality: Biblical arguments which influenced Western political thought - 2013, 170, 49
Equality Act 2010: transgender rights vs freedom of religion & expression; recent judgments - 2020, 185, 121
Equality Act (Sexual Orientation) Regulations, legislation that goes beyond the purpose of government - 2007, 159, 114
employment appeal can't challenge original tribunal's finding of fact; there must be an error of law (case) - 2017, 178, 129
employment status of Methodist Clergy: 'Preston' case analysis, no intention to create a contract - 2017, 179, 159
European Court of Human Rights: lack of democracy in interference with domestic jurisdictions - 2009, 162, 36
European law allowing ban on face covering, does this impose valid restriction particularly on Muslim women? - 2018, 180, 82
euthanasia, the nature of intention & omission - 2019, 182, 7
euthanasia & murder, care in definitions of, in English Law - 2019, 182, 7
ex turpi causa non oritur jus and public policy - 1981, 70/71, 158
'exceptional circumstances' allowing exhumation not defined in N.I. policy; human rights instead requires a balancing exercise & test of proportionality (case) - 2022, 189, 201
federalism in EU & US, nature of - 2005, 155, 87
foetus subjected to violence, legal status of - 1998, 136/137, 68
force, should Christians support the use of this in execution of the law - 2011, 167, 3
freedom of expression may be lawful but if foreseeable chance of religious violence then it is moral? - 2020, 184, 37
freedom of expression vs provocation to violence; is there a right to offend the religious? c.f. Charlie Hebdo etc - 2020, 184, 37
freedom of religion: does this extend to offending religious? - 2020, 184, 37
freedom of speech: should Party Election Broadcasts (cf ProLife Alliance) be censored? - 2003, 150, 83
freedom of speech, what pressing social needs justify limiting this; case law of ECHR - 2020, 184, 37
gender equality: does a woman wearing a face veil detract from her equality? - 2018, 180, 82
German jurisprudence: structural interconnectedness in Systems theory and the Frankfurter ideological school of thought - 2021, 186, 10
German powers of government all permeated by law as reaction to Nazi history - 2015, 174, 5
God's law as redemptive and liberating - 2014, 172, 4
Grand Principles of Freemasonry satisfy five characteristics for protection - 2015, 175, 268
Greek and Roman concepts of written law - 1974, 44, 92
Henderson case: assumed Marxism is protected philosophical belief, debated status of left wing democratic socialism; appears to protect membership of political association - 2015, 175, 180
'higher' law, the case for - 1992, 112/113, 31
Hindu dharma and it's relation to law - 2010, 164, 45
Hindu law: what is it and how does it's pluralism fit into modern international law? - 2010, 164, 45
Hindu legal system not premised on state control and formal legal processes & no strict segregation of law / religion - 2010, 164, 45
history and the interpretation of law - 1987, 92/93, 27
how law works: is it based on sovereignty / power (Hobbes) or justice / natural law (Grotius)? - 2020, 184, 7
human dignity: what does it mean & where does it come from?; intrinsic v. attributed; discussion of views - 2022, 189, 110
human dignity as fundamental to human rights in key international texts eg ECHR; underlies diverse international laws / obligations and is a bridging concept when little else agreed upon - 2022, 189, 110
Human Rights Act 1998: altering the constitutional balance of the separation of powers - 2000, 144, 33
ignorance of actual law is widespread but people generally know norms of living & contribute to enforcement of these - 2020, 184, 25
indirect religious discrimination uses group comparators; reasonable accommodation focusses on individual needs / difficulties & is more proactive - 2022, 188, 6
injustice often not through unjust laws but through law not being applied to all eg the poor - 2020, 184, 7
International law: basis and key necessary components of - 2005, 154, 35
Iraq war & regime change: a justified development of International law? - 2005, 154, 35
Iranian asylum seekers alleging Christian conversion; court disputed genuineness but were wrong to dismiss church evidence (case) - 2018, 181, 257
Islamic international law: Quran often contradictory on jihad as aggressive or defensive / benign - 2014, 173, 173
Islamic law on Usury: an analysis - 2014, 172, 42
Islamic laws and religious practices: how these are recognised or allowed in English law - 2010, 164, 27
Jewish courts: nature and structure - 2010, 164, 63
Jewish jurisprudence: inspired texts and judges - 2010, 164, 63
Judaism: interaction of, with secular legal system (e.g. inheritance, divorce, school admissions) - 2010, 164, 63
judgement as justification for political rule - O'Donovan - 2006, 156, 37
just war criteria, discussion of development of, to cover humanitarian intervention - 2005, 154, 35
justice, has it advanced over the twentieth century? - 1998, 138/139, 78
justice, retribution & reconciliation (in Christian thought) - 2005, 155, 103
justice: what is it?; both means and ends are important - 2019, 183, 176
justice and human rights require talking about 'the good' and the right way to value things - 2014, 173, 129
justice and love, Lord Denning & William Temple on - 1999, 140/141, 3
law and legal code, what are these? - 2019, 183, 176
law and punishment, the purposes of - 1992, 114/115, 95
law and theology: Wyclif on interrelations of - 2005, 155, 123
law as liberation, the role of government and social justice (Norman Anderson) - 2009, 163, 110
law as reasonable means to facilitate well-being & fulfilment of human aims - 2020, 184, 7
law assumes humans are independent & self sufficient; should our vulnerability affect the legal system? - 2018, 180, 5; cf 2019, 182, 58
law does not only come from or get enforced by the State, eg private contracts, business norms, mediation services - 2020, 184, 25
law, justice and equity - 2014, 172, 27
legal aid: need for; risks of denying access to justice for all - 2015, 175, 166
legal and moral obligations to obey the law for Christians, nature of - 1997, 134/135, 32
legal history often left off curriculum, partly due to intellectual / social division of scholarship, also as it challenges idea of legal certainty - 2018, 180, 21
legal pluralism: allowing freedom to choose against some human rights? - 2010, 165, 124
legal pluralism: difficulties incorporating multicultural rule systems - 2010, 165, 124
legal positivism: a critique - 2020, 184, 7
legal positivism's monocentric conception of law; it emerges from & is enforced only by the State (a critique) - 2020, 184, 25
legal systems that hold all men equal compared to police states/Nazi regime - 2003, 150, 10
'legitimate expectation' in Common law and comparison to canonical administrative recourse - 2019, 182, 25
lex talionis in the Bible & today - 1998, 136/137, 13
Louise Woodward: prejudicial assumptions made before court case - 1997, 134/135, 51
Magna Carta: history & analysis of, definition of rule of law and necessity of access to justice - 2015, 175, 166
marriage gift agreements can be enforceable (even for religious marriages) after break up; cases arguing if proprietary right or contractual - 2016, 177, 181
meaning of 'philosophical belief': five criteria from ECHR jurisprudence & Grainger; problems of application to employment law - 2015, 175, 180
medicare laws and rules in USA: legal inadequacies in promulgation & delegation to private companies etc - 2019, 183, 176
mental capacity, do most people have this in terms of truly rational and independant decision making? - 2018, 180, 5
More, St. Thomas, and the nature of authority of law - 1974, 44, 92
narrative accounts, use of, in legal cases - 2012, 169, 224
no property in a body: issues addressed in Anatomy Act, Human Tissue Act, Human Fertilisation & Embryology Act - 2014, 173, 145
non-religious 'belief': defining this in charity law; demonstrating public benefit; ensuring no Article 14 discrimination - 2020, 185, 155
oath, taking of: should this be abolished and replaced with real punishment for lying? - 2021, 186, 39
oath taking in court still has an effect in bringing out truth in a way that perjury penalties do not (case) - 2020, 185, 195
obeying laws: ruler can use persuasion or coercion; legitimacy of laws leads to more compliance - 2020, 184, 7
objective moral order, difficulties of finding this when historical perspectives shift - 2020, 185, 140
offensive expressions against religion, limitation and hierarchy of; case law of ECHR - 2020, 184, 37
Opderbeck, David: law as embedded in human nature as part of 'imago Dei'; arguments against reductive neurolaw that removes responsibility - 2022, 189, 157
Opderbeck, David: theology of law (natural & positive) rooted in scripture & church tradition from reformed perspective; application to practical issues in the USA eg abortion & gay rights - 2022, 189, 157
Plowden on interpreting statutes by their sense rather than by the letter; influence of St German in concepts of epikeia & equity - 2018, 180, 38
Plowden's law reports as authoritative case points of law followed by a valuable commentary - 2018, 180, 38
pluralism requires tolerance from State and individuals but neutrality only from the State - 2020, 184, 37
political beliefs / membership of party: confusion over whether protected in Equalty Act 2010 and employment case law - 2015, 175, 180
polycentric conception of law & justice - 2020, 184, 25
positivist penology - 1984, 80/81, 7
post reformation Catholic & Protestant jurists still used parts of the canon law in the ius commune as legal authority - 2017, 179, 117
Pound, (Roscoe) on the 'end of law'; means of social engineering, ideas of justice, changes through history - 2020, 184, 7
prenatal life as a legal value - 1990, 104/105, 55
public benefit for religious charities: was bar set too high? are beliefs judged?; recent cases more lenient towards contemplative practice - 2016, 177, 157
public / private legislative differentiation between various religious communities in Greece; possible problems - 2016, 176, 42
Quran needed to understand & compare Islamic & International law on religious liberty & terrorism - 2014, 173, 173
Rawls, Sandel etc: accounts of justice / morality and discussion of - 2012, 169, 172
relationship between law & state: courts, constitution, common law and/or statute as constraints on states - 2015, 174, 5
relationships between Eternal, Divine, natural, human and Biblical law, a summary - 2019, 183, 113 and 118
religious & political (Article 9 & 10 ECHR) rights of bakers not to make cake in support of same-sex marriage are outweighed by claimants rights; judgement compatible with NI Constitution - 2016, 177, 119
religious charities, deliberations on public benefit of: private Mass in a sense public?; indirect public benefit of prayer & edifying example? - 2016, 177, 157
religious communities, benefits of legal recognition of - 2016, 176, 42
religious freedom in education: Human Rights Act 1998, state & Church all put parent's rights above state's; diverse schools should be provided - 2018, 181, 207
same-sex marriage, does opposition to this infallibly mean discrimination on grounds of sexual orientation? - 2016, 177, 119
Scanlon, T.M.: on intent & its relevance to moral permissibility of an action; evaluation of all moral considerations - 2020, 184, 37
Schluter on a relational view of law - 2015, 174, 5
Schmitt and Böckenförde on constitutional theory & resistance to grounding law in values; state theories are secularised theological concepts - 2021, 186, 10
separated Jews want 'Beth Din' to arbitrate over children's welfare: court allows outcome whilst retaining power of binding endorsement (case) - 2013, 170, 105; 2019, 183, 225
separation of powers, UK - 2000, 144, 33
separation of powers in Church governance, analysis of - 2004, 153, 128
settlement and adjudication, analysis of how may not always serve justice, shalom & relationships; judgement of right can be helpful - 2016, 177, 130
sharia law & relationships with domestic law - 2008, 161, 75
silence, the right to, anomalies in taxation statutes - 1974, 45, 174
similarities & differences between Canon and Common law systems; case studies showing where both fall short (review article) - 2019, 182, 25
soft law principles & commentary to facilitate multilayered legal approaches to dealing with sacred places, spaces and events - 2011, 167, 27
sphere sovereignty: an account & analysis of - 2003, 151, 111
Stair and Blackstone: differing philosophies of law - 2012, 169, 189
Stair's Institutions: Divine law, positive laws from God, human law, principles of law - 2012, 169, 189
'State (the)' and its 'views', what do we mean by this? - 2018, 180, 82
subsidiarity, a critique of, both legally & theologically - 2002, 148, 46
subsidiarity, a positive theological, social & Biblical analysis of the Catholic concept of - 2003, 151, 111
subsidiarity & sphere sovereignty: an account & analysis of - 2003, 151, 111
subsidiarity & sphere sovereignty: Christian reflections on the size, shape & scope of Government - 2003, 151, 111
surrogacy cases, best interests of child paramount over public policy - 2016, 176, 6
tenant with psychiatric problems facing eviction; Article 8 of ECHR doesn't apply so proportionality can't be considered (case) - 2016, 177, 115
theology necessary to understand Islamic law, human rights & the modern world as law is by divine command - 2014, 173, 173
theories of law: rules, coercion, human relations & customs and three level concept of law (Hart, Fuller, Ehrlich) - 2015, 174, 5
tolerance: a proper legal understanding of - 2007, 159, 114
tort of misuse of private information; does this extend to Facebook disclosing children's religious affiliation? (N.I.case) - 2017, 179, 236
transgender debate: legal changes in Equality Act giving protection to those only 'proposing' to change gender - 2020, 185, 121
transgender legal challenges: terminology on birth certificate, concept of 'mother' and gender - 2020, 185, 121
U.S. 'Footnote Four' proposes that prejudice against discrete & insular minorities may require a higher level of judicial scrutiny for such cases - 2015, 175, 209
values & moral vision underlying common law; O'Sullivan & McBride - 2020, 184, 7
vicarious liability scope extended: responsible for individuals carrying out assigned activities (cases) - 2016, 176, 82
virtues required for proper legal relations: honesty, self-discipline, even-handedness, natural justice, disinterestedness etc - 2015, 174, 5
voluntary religious association in Canada, expulsion of members of; court rules no contract so no jurisdiction (case) - 2021, 187, 170
'voodoo' allowed as a trademark (CTM): debate over whether it was a religion inconclusive (case) - 2015, 174, 155
war against terrorists, does it require a new legal framework? - 2005, 154, 35
Western law & Canon law on usury: background, development, theory, practice & possible future provisions for Europe - 2014, 172, 42
what is hate speech? - issues of journalistic freedom; case law of ECHR - 2020, 184, 37
William Temple on human dignity & political theology - 2003, 151, 111
wisdom & virtues needed by those that make laws (and their advisors) - according to Aquinas - 2019, 183, 155
witchcraft and paganism: are they religions? - 2011, 167, 54
witchcraft in English statute & case law and changing attitudes - 2011, 167, 54
Woolf Reforms: overriding objective of justice & pre-action protocols to look at settlement - 2016, 177, 130
written Constitutions: a warning of Judicial politicisation - 2006, 156, 67
church and state
American Church & State in the Roberts Court: importance of each Justice and their liberal / conservative opinion - 2013, 171, 5
American Church / State separation, examples of - 2009, 162, 4
American Church/State viewpoints, analysis of: Catholic, Separationist, Principled Pluralist, Anabaptist & Social Justice - 2013, 170, 19
American Establishment Clause: strict separation vs non-preferentialism - 2013, 171, 5
American free exercise of religion cases & Establishment Clause cases in U.S. Supreme Court - 2013, 171, 5
American sociology & historically changing religious landscape: protestant to secularist - 2013, 171, 5
Anglican Church constitutionally cannot be a national church in Australia - 1993, 118/119, 128
Anglicanism and the idea of a national church - 2002, 149, 111
Baptist church polity and practice - 2012, 168, 5
Baptist concerns over forming a United Church in Wales & appointing an ecumenical Bishop - 2002, 149, 145
Baptist ideas of ecclesiology/authority & concerns over a strong link between church & state - 2002, 149, 145
Belgium: Church / State provisions in Constitution - 2009, 162, 4
Biblical texts on government, analysis of - 2010, 165, 172
Biblical views on justice, retribution & forgiveness: Old & New Testaments - 2005, 155, 103
Bishops, appointment of in Church of England & Monarch's Accession Declaration / Coronation - 2012, 168, 22
blasphemy incompatible with EU law? - 2008, 161, 88
capital punishment: church/state influences - 2006, 156, 11
changes in English Christianity over last 50 years & defining attitudes towards Culture and the State - 2013, 170, 19
changing influences of the churches after the partition of Ireland - 2002, 149, 118
Charity Commission, is it breaking non-justiciability by examining / regulating religious belief? - 2017, 178, 57
Christian dilemmas over dispensing justice: law vs Gospel - 2005, 155, 103
Christian thinkers on Church law and State law distinction - 2012, 169, 172
'Christianism' as a framework for law & society - 1994, 120/121, 32
Christianity & government: views of Augustine, Aquinas, Luther, Calvin & O'Donovan - 2010, 165, 172
church / state divide, are the courts observing it? - 2011, 166, 3
church / state relationship, Roman Catholic development of thought on - concordats to overcome legal disagreements - 2012, 168, 44
church and state, views of the reformers on - 2002, 149, 157
church and state having different roles - 1999, 142/143, 117
Church law, importance of as part of legal history & jurisprudence - 2018, 180, 21
Church of Denmark: quasi-Erastian Church/State model - 2009, 162, 4
Church of England: establishment, protective to role of other churches? - 2012, 168, 22
Church of England: practical pros and cons of establishment (schools / chaplaincies / buildings / public rights to rites & worship) - 2012, 168, 22
Church of Ireland and the concept of National Church - 2002, 149, 118
Church of Scotland, nature of establishment in the - 2002, 149, 125
Church of Scotland's engagement with society & its structures - 2002, 149, 125
Church/State legal relations in Greece - 2004, 152, 27
Church/State relations in Norway - 2004, 153, 159
Church/State relationship: a Biblical analysis of authority - 2005, 154, 66
civil and ecclesiastical proceedings, conflicts between - 1982, 72/73, 64
clergy, employment status of: problems with the current situation; need for Churches to agree on legislation to protect clergy and vocation - 2013, 171, 79
complex relationship between Kingdom of God & secular government: comments on Blois' views (retribution / reconciliation; secular / divine law) - 2010, 165, 172
conditions for recognition of religious organisations in Austria & Slovakia - 2009, 162, 4
courts treating religion as privately held beliefs, rather than as something communal and public, reduce religion too far - 2013, 171, 52
Covid 19 restrictions to public worship; was police shutting down R.C. Good Friday service legal? - 2021, 186, 4
'Defender of the Faith' - legal basis of the title - 2006, 156, 71
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
dependance of the Italian Catholic Church on the state as source of income - 2005, 155, 137
display of religious symbols without coercion may offend but doesn't violate rights - 2013, 171, 21
Does Establishment have a future? - 2013, 170, 7
eclectic legal approaches to regulation of specific sacred places such as Mecca, Holy See (eg domestic law, canon law, Islamic law) - 2011, 167, 27
Emperor's influence on theories of marriage/divorce in Orthodox Church - 2006, 157, 7
employment status, do ministers of religion have this? - 2006, 156, 59
English Church/State viewpoints, analysis of: Synthesist, Conversionist, Social Justice, Separatist & Principled Pluralist - 2013, 170, 19
Equality Act (Sexual Orientation) Regulations, consumer rights as higher priority than religious rights - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, departure from religious tolerance - 2007, 158, 64
Equality Act (Sexual Orientation) Regulations, homosexuality as higher freedom than religion - 2007, 159, 114
establishment, different forms of, exemplified in the Anglican Church in New Zealand and Australia - 2012, 168, 62
Establishment of the Church: is it compatible with equality before the law? - 2014, 172, 10
Establishment as an ideological position that can benefit all faiths - 2013, 170, 7
EU law upholds impartiality of State towards religions (incompetent to decide on religious doctrines) - 2013, 171, 21
European law guarantees religious freedom but not particular state / religion model - 2013, 171, 21
Eweida and freedom of individual conscience in the courts: overules domestic courts, extends beyond only group practices & restricts solely commercial justifications - 2013, 171, 70
exorcism, Canon & secular law have co-evolved and influenced each other; bodily harm can be inflicted for some religious purposes but not this - 2018, 180, 51
faith-based legislative action in a 'secular state', is there a place for it? - 2009, 162, 18
financing of faith communities in Italy: providing choice to individuals & extending beyond Catholic Church - 2010, 165, 159
France: examples of Church / State relations - 2009, 162, 4
France & Greece: two approaches to religious pluralism - 2004, 152, 27
freedom of religion in USA: religious employers have wide-ranging exemptions to employment discrimination but will this last? - 2020, 185, 110
German Church tax, opposition / conscientious objection to; obligatory despite Church scandals - 2016, 177, 146
German law on excommunication as result of withholding Church tax, retired canon lawyer challenges this; canon law on formal defection; simony? - 2016, 177, 146
globalisation, nationhood & national churches - 2002, 149, 111
God seen as relational rather than powerful may impact on our legal premises that assume autonomy - 2018, 180, 5; cf 2019, 182, 58
Hooker (Richard) on the Church/State as one entity - 2004, 153, 159
how is religion defined?, problems with religious hatred laws - 2003, 150, 37
how should legislation reflect Christian truths? - 2003, 150, 21
human dignity as basis of human rights in Czech court judgments - 2022, 189, 110
idea of a National Church: a Methodist viewpoint - 2002, 149, 105
Italian State relations with religious groups & the influence of these groups on state politics - 2004, 152, 44
J.H. Ely on U.S. First Amendment protecting religion but, even without top down approach, if religious people are a minority then still warrant strict scrutiny (Hobby Lobby case can stand even without R.F.R.A.) - 2015, 175, 209
juridical (civil & canonical) framework to decide if a church is a national church - 2002, 149, 77
Latin America's State/Church history & development, religious diversity and legislation - 2009, 162, 62
Lautsi case - does display of crucifix in school violate religious freedom? - 2013, 171, 21
law and jurisprudence in 200 year period after 1517, differences & similarities of Protestant & Catholic approaches - 2019, 179, 117
Luther & Melanchthon on the 3 uses of the law: civil, theological & educational; criminal law extended to religious offences - 2017, 178, 6
Luther's attacks on lawyers (church & lay); later view of magistrates as fathers of community / instruments of God's justice - 2017, 178, 6
Luther's negative view of law & lawyers in Christianity; later doubts about consequences of no law - 2019, 179, 117
Luther's Reformation: few Church structures survived, secular law / authority attacked; resulting crises - 2017, 178, 6
Luther's view that the Church shouldn't rule by law; subsequent reforms of Church, State, society & legal system - 2017, 178, 6
Lutheran authority issues e.g. state as ruler rather than Pope but how to preserve religious freedom or allow political revolt - 2017, 178, 6
MacIntyre (Alisdair)'s lecture questioning concept of human dignity: analysis, critique & what's at stake? - 2022, 189, 110
Magna Carta as icon of constitutionalism: its adaptability & values but also its failures - 2015, 174, 5
media, law on religion in the (in different European countries) - 2004, 152, 68
'ministerial exception' in U.S.: arguments in favour of & important case law - 2012, 169, 210
models of Church-State relations - 2002, 149, 157
National Church, future role of: Norwegian issues of sacred texts, rites, places, paths & time - 2004, 153, 159
National Church, marks of a - 2002, 149, 157
National Church as a civil law concept - 2002, 149, 77
National Churches: the Church of England, Church of Scotland & Church in Wales as - 2002, 149, 77
nature of society - 1983, 76/77, 2
Niebuhr: Five Christian stances towards culture - 2013, 170, 19
Niebuhr on Christ & culture - 2002, 149, 125
no separation between church and state in historic Islam but can be tension between modern Islamic jurisprudence & state law - 2014, 173, 173
Norwegian discussion on future relationship between church & state - 2004, 153, 159
Old / New Testament and Christian views on secular & moral law and of limited government - 2012, 169, 172
O'Sullivan, Richard, on contribution of Christianity to English law - 2013, 170, 19
overt hostility between Protestant & Catholic legal thought in the 16th century but much similiar in their expectation of the role of law - 2019, 179, 117
pastor's sermon against Islam transmitted on internet was offensive, not criminal (NI case) - 2016, 176, 83
Peace of Augsburg (1555): did this betray Luther's ideas of freedom or impose necessary order & authority - 2017, 178, 6
penology, Christian theories of, through history - 2005, 155, 103
penology: should Christians seek to replace retribution with reconciliation? - 2005, 155, 103
post reformation jurists, both Catholics & Protestant, thought the law should enforce Christian morality including church attendance, usury, blasphemy etc - 2019, 179, 117
practical relations between religious groups & public authorities in European countries - 2004, 152, 68
pre reformation equitable jurisdiction encroached into common law; St German stated divine law also in common law thus usurping the church - 2018, 181, 189
purpose of government: is imposing an anti-religious morality legitimate? - 2007, 159, 114
reasonable accommodation of religious beliefs & provision of services, case law and discussion; flexible working as one option - 2017, 179, 187
Reformation issues of Biblical law and how to incorporate into secular law - 2018, 181, 189
regulation of doctors by GMC, compared to the canonical & common law treatment of incardinated priests by Bishop (review article) - 2019, 182, 25
relations between different faiths & the public administration/government in France - 2004, 152, 27
religious bodies, law concerning: how do sociologists of religion & religious leaders perceive this? - 2004, 152, 8
religious pluralism in Europe: legal responses to - 2004, 152, 68
religious symbols & dress in schools: European cases illustrating prohibitive & inclusive approaches - 2013, 171, 21
remarried not permitted to take Holy Orders in C. of E. while spouse alive but Archbishop can allow; does discretion make exemption to discriminate in Equality Act legally difficult? - 2018, 181, 171
secular or secularist law: are these possible or desirable? - 2012, 169, 172
secular or secularist state, distinction between - 2008, 160, 25
'secular state', different types of - 2009, 162, 18
Should U.S. Religious Freedom Restoration Act be replaced by 'narrowly tailored statutes' to reduce number of potential litigants? - 2015, 175, 209
Spanish state and religious groups, agreements between - 2004, 152, 44
St German (Christopher), on Reformation issues of authority; puts king above Church in identifying the sacraments - 2018, 181, 189
St German provided intellectual arguments to undermine Rome & raise power of English King in Parliament - 2018, 181, 189
St German's parliamentary legal philosophy didn't fit so well with a theocratic royal supremacy (Bible put above church) - 2018, 181, 189
State intrusion into internal affairs of churches - 2021, 187, 93
State neutrality in European countries with regard to institutional religious symbols (public policy & case law) - 2013, 171, 21
state taking an interest in religious matters, recent cases of - 2004, 153, 98
statutory definition of religion in charity law; widened from common law one - 2017, 178, 57
stricter interpretation of religious freedom in U.S. State and Statutory cases rather than in Supreme Court cases - 2009, 162, 47
theories of church & state: Anabaptist, Luther, Calvin - 2005, 155, 103
Thomas More, conflict of Church and State - 2009, 162, 2
Torah giving exemplars for lawgivers: both in precepts and in the roles of Moses & Aaron - 2019, 183, 155
typologys and examples of Church/State relationships: Erastianism, Theocracy, co-operationist/hybrid & separation - 2009, 162, 4
U.S. Courts, could they arrive at same decision as Hobby Lobby without using R.F.R.A. (i.e. are Christians a discrete & insular minority?) - 2015, 175, 209
U.S. relying on statute law rather than First Amendment to protect religious freedom of a corporation makes protection broader but means Congress can amend - 2015, 175, 209
Vatican shift away from Church as Societas Perfecta to deeper engagement with wider (and differing) politics after Vatican II - 2007, 158, 30
Vatican Concordats (post conciliar) reveal different Church/State relationships eg two sovereignties with Italy/Spain, autonomy with post-communist countries, tolerance with Islamic States - 2007, 158, 30
views of English Christians towards English law - 2013, 170, 19
Williams, Rowan, on balancing law in England with regulatory norms of a religious group - 2008, 160, 4 and 20
moral values
Biblical jurisprudence, the quest for universal norms & the functions of law - 1994, 120/121, 12
blasphemy law, can it be justified? - 2000, 145, 6
blasphemy laws that protect the Church of England, argument in favour of - 2003, 150, 37
breaking the law and non-coercion clauses in legislation -1967, 16, 54
Buddhist views of the nature of the state, importance of truth & of individuals, avoiding use of force and manufacture of weapons (importance to international law of) - 2010, 164, 3
capital punishment, morality of - 2006, 156, 3
Catholic & Protestant social teaching & application to life - 2000, 145, 38
Catholic & Protestant thinking on how Christian principles should be applied to law - 2016, 176, 3 & 59
Christian action to leaven secular law, place of - 2010, 165, 172
Christian leadership, absence in arena of law reform - 1974, 42, 2
Christian moral code, its decrease in influence on law-making - 1969, 24, 100
Christianity and the law: dilemmas of how to apply principles to particular cases - 2016, 176, 6
conscience and the law - 1985, 86/87, 23
courts making moral judgements - 2008, 160, 13
crime, guilt & punishment in the Old Testament - 2001, 147, 140
Devlin-Hart controversy, a general review - 1973, 39, 45
ethical scrutiny of new laws needed: NHS proposals to share data with private companies with only opt-outs breaches 'silence does not mean consent' - 2021,186,1
ethical standards, establishing these for lawyers - 1992, 112/113, 31
ethically based theories of law, analysis of: Shklar, Bankowski, Wolterstorff, Fuller - 2015, 174, 5
European court allows State power to impose conditions of 'living together,' e.g. by not wearing veil, on people that don't agree; is this justified or violating freedom of conscience? - 2018, 180, 82
faith views in public debate, to what extent can and should Christians express these? - 2017, 178, 3
Gospel (the), how should it affect politics? - 2015, 175, 198
Hart-Devlin debate: should society use law to enforce morality? - 2000, 144, 18
integrity and the law - 1986, 88/89, 5
Jewish law and morality: obligations beyond the letter of the law - 2010, 164, 63
justice, the state and the law in the Bible - 2000, 144, 49
justice, law and order: a theological analysis of God's plan - 2005, 154, 66
justice and Christian principles, inseparability of - 1983, 76/77, 10
law and justice, a Christian perspective on - 2000, 144, 49
law and justice, contemporary nature of their functions - 1984, 80/81, 42
law & morality: friends or foes? - 1994, 122/123, 87
law & morals: Simon Lee's contribution to the debate - 2000, 144, 18
legal propositions having moral content - 1982, 72/73, 2
legal systems and moral systems, the relationship between - 1992, 112/113, 64
lex talionis and justice and compensation - 1984, 80/81, 25
must the good advocate also be a good person? - 1998, 138/139, 116
Norman Anderson: seeking to understand law and morality - 2009, 163, 110
Old Testament law, the relevance of, for non-Christians - 2003, 150, 21
Old Testament law for today's Christians - 2002, 148, 21
permissive society, its meaning and nature - 1972, 35, 46
review of 'The Artifice of Ethics' by G. R. Dunstan -1974, 43, 66
should law be Christian? - 1988, 96/97, 12
transcendent moral foundations in a secular legal context, search for - 1994, 122/123, 87
unjust law, not law - 1974, 44, 92
natural law
Aquinas on Biblical law, its purposes and relation with natural law; Torah as exterior / New Testament as interior - 2019, 183, 118
Aquinas on how human law can be judged in terms of natural law, by examples in the Torah & by custom that circumvents unjust law - 2019, 183, 155
Augustine on law & justice; importance to Western Christian thought & natural law theory - 2020, 185, 140
ambiguity in meaning of - 1975, 48/49, 44
as a basis for the Church's teachings - 1975, 48/49, 67
assumed in both Roman and Canon law; posits a close connection between law & morality - 2019, 179, 117
basis of the American Constitution - 1974, 45, 154
biblical view of the moral law in creation - 2003, 150, 21
Buddhist views of international law based on natural law theory - 2010, 164, 3
concepts of - 1974, 45, 138
development of the concept of 'higher' law - 1975, 48/49, 48
development of theory of - 1975, 48/49, 67
development of Torah's laws on slavery, as an exemplar of applying & unfolding natural law though salvation history - 2019, 183, 155
dynamic fluidity of theory of - 1975, 48/49, 67
early Protestants, e.g. Calvin, recognised natural law as important as a basis for positive law & theology - 2019, 179, 117
eternal norms: natural law theory, legal positivism & Biblical jurisprudence - 1994, 120/121, 12
foundations of the Constitution of Ireland - 1977, 54/55, 94
fundamental basis for all law, used to seek - 1992, 112/113, 31
Hindu law, use of natural law in - 2010, 164, 45
Jewish concepts of law, natural law and salvation - 2010, 164, 63
Luther's view that God's natural law set at creation provides foundation for all positive law and public morality - 2017, 178, 6
Murray, Fr. John Courtney, and the limitations of - 1968, 21, 132
natural law & cosmic harmony in Aquinas, Marx & eastern thought - 1994, 122/123, 121
natural law today & human rights inadequacies - 2020, 185, 140
Norman Anderson: seeking to understand natural law - 2009, 163, 110
Opderbeck, David: philosophy & theology of law; natural, positive, neo-Aristotelian, need for Theology - 2022, 189, 157
Protestant England (early) saw natural law (& Christianity) as a legitimate source of common law - 2019, 179, 117
right to life being a basic right in - 1977, 54/55, 132
slavery: inadequacy of secular jusnaturalism in opposing - 2007, 158, 4
Natural justice
Stair (Viscount): the law of Scotland and it's basis in godly Natural Law - 2012, 169, 189
Stair's Institutions: philosophical, theological, scriptural and natural law principles on which Scottish law is built - 2012, 169, 189
terrorism and just war - 1986, 90/91, 56
underlying other laws - 1994, 120/121, 32
use of in determining the extent of legal obligations - 1997, 134/135, 32
philosophy
Aristotle, Quintilian & Longinus on the importance of advocate's good character - 1998, 138/139, 116
classical ideas of justice: Aristotle, Grotius - 2005, 155, 103
common good, temporal aspects - 1981, 70/71, 97
freedom of the individual and Sartrean - 1990, 106/107, 23
'just war' doctrine - 1967, 16, 60
Kant: the purpose of punishment - 2005, 155, 103
Kant & the Legal Positivists, attempts to sever law & morals - 1994, 122/123, 87
Newman's criteria of genuine development, applied to International law - 2005, 154, 35
objective and subjective foundations of ethical theories - 2006, 157, 39
political liberalism in the West, a Christian critique of underlying philosophy (eg Rawls) - 2005, 154, 66
world outlooks, classicist and historicist perspectives - 1981, 70/71, 116
rights
EU human rights are individualistic, UN ones involve more collective responsibility - 2004, 153, 159
human rights, different philosophies of: Catholic & Protestant approaches & objections to; exemplified by Finnis and Wolterstorff amongst others - 2017, 179, 135
human rights, lack of a theory of - 1969, 23, 53
human rights: values for a Godless age? - 2001, 146, 28
Human Rights Act: interpreting statutes in line with the - 2005, 154, 27
human rights as fundamental (in Catholic thought) and rooted in the dignity of human nature; new rights, not universally accepted, can promote ideology over truth - 2022, 188, 51
human rights in an age of moral subjectivity - 2006, 157, 39
human rights theory as a response to religious disagreements, the identification of common values & for holding governments to account - 2014, 173, 129
Hume's moral scepticism and the foundations of human rights - 2006, 157, 39
inter-relationship of rights and duties - 1972, 37, 132
Lockwood O'Donovan & Ignatieff on problems with human rights theory that lead to conflicting demands rather than communal values - 2014, 173, 129
moral rights and duties, the nature and extent of the terms - 1972, 35, 60
nature of and the Declaration of Religious Freedom - 1981, 70/71, 71
rule of law
basis of good law from a Christian perspective - 1999, 142/143, 117
Bingham on the rule of law as a political pre-constitution - 2015, 174, 5
can the rule of law be abandoned? - 2005, 154, 35
church and state - 1971, 30, 18
Edmund Plowden and the rule of law - 2011, 167, 5
examination of the meaning of - 1973, 39, 37
faith and the Church and their support for the -1972, 35, 81
justification for breaking the law - 1990, 106/107, 5
leftist critique of rule of law as objectifying law above human relations and actual justice - 2015, 174, 5
public order and the role of the state - 1984, 82/83, 90
role of the state from a Christian perspective - 1999, 142/143, 117
rule of law as collective, relational, virtue and law generating ethos of a people - 2015, 174, 5
rule of law as form vs substance, whole state vs judicial branch, abstract vs particular - 2015, 174, 5
sociology
Biblical view of law and social order - 2005, 154, 66
effects of social change on religious traditions & governance in Europe - 2004, 152, 68
law concerning religious bodies: how do sociologists of religion & religious leaders perceive this? - 2004, 152, 8
religious demography, trends and influences in Spain - 2004, 152, 44
religious demography, trends, minorities & state regulation of religion in France - 2004, 152, 27
religious demography and the impact of social change on religious groups in Italy - 2004, 152, 44
religious groups: what they need from the legal system? - 2004, 152, 8
religious influence on secular government in Europe - 2004, 152, 68
religious laws & practice: influence of social & legal developments on - 2004, 152, 8
role of religion (multi-faith) in society and impact of social change on religion in France - 2004, 152, 27
secular values systems - 2004, 153, 159
should legal system assume all are vulnerable / disabled as the norm and put focus on the special privileges of e.g. the able bodied? - 2018, 180, 5; cf 2019, 182, 58
sociology of law on religion: a new discipline - 2004, 152, 68
State law, religious needs & social conflict in Europe - 2004, 152, 68
views of different faiths on religious law & religious needs in France- 2004, 152, 27

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The Edmund Plowden Trust