LEGAL HISTORY

advocacy united with ethics, Classical, renaissance & modern views of - 1998, 138/139, 116
Alternative Dispute Resolution: beginnings in Jewish, Christian and Biblical ideas of mediation, shalom & peacemaking - 2016, 177, 130
Alternative Dispute Resolution: development of, in Anglo-American commercial legal world (including Woolf reforms) - 2016, 177, 130
Anglican Church schools, overview of educational legislation since 1811 - 1995, 124/125, 17
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 & justice; importance to Western Christian thought & natural law theory - 2020, 185, 140
Augustine on different - 2020, 185, 140
autonomy concerns with regard to Inter Vivos religious giving & charitable trusts (affecting land) in Nineteenth Century England - 2006, 157, 17
Baptist Union of Great Britain, history and development of ministry of - 2012, 168, 5
bequests to solely contemplative orders can't be charitable trusts but can be gifts to individual members (Nineteenth Century England) - 2006, 157, 17
Biblical foundations of English and then British legal development of Nationhood - 2013, 170, 49
Biblical ideas of justice legitimising kingly rule - 2013, 170, 49
Biblical influences on politics from pre-reformation to post-reformation Britain - 2013, 170, 49
black death, legal importance of; reassessed from vantage point of covid experience - 2022, 188, 38
blasphemy, origins in common law - 1979, 60/61, 20
blasphemy, recent history of the law on - 2003, 150, 37
blasphemy law, historical development of (including case law) - 2000, 145, 6
blasphemy law abolition: a short history - 2008, 161, 111
body parts, disposal and storage of: statutory guidance & Cremation Regulations - 2014, 173, 145
British Colonial law, application of - 1993, 118/119, 84
Campion, Edmund: trial of - 1998, 136/137, 19
canon law argumentation up to 13th century, influences on and sources for - 2010, 165, 144
canon law as basis of moral obligations to fulfil contracts - 2000, 144, 4
canon law development up to 12th century, illustrated by discourse on simony - 2010, 165, 144
canon law, foundations for the development of, in Latin & Greek Churches - 2006, 157, 7
capital crimes in England - 2001, 147, 140
capital punishment: Christian & Jewish attitudes to - 2006, 156, 11
case law concerning the employment status of the clergy (intention to create legal relations or evidence of a contract) - 2013, 171, 79
Catholic & Protestant differing approaches to law: church / state, natural law, human rights, conscience - 2016, 176, 59
Catholic Church's stance on human rights, historical development of - 2001, 146, 28
Catholic state schools from 1847: legal structures, changes & settlements; role in integrating immigrants into UK culture - 2018, 181, 207
changes in English Christianity over last 50 years & defining attitudes towards Culture and the State - 2013, 170, 19
charitable trusts, the law of - 1995, 126/127, 72
charitable trusts can only be set up for religious orders which are not solely contemplative (Nineteenth Century England) - 2006, 157, 17
charitable trusts for purposes: legal characteristics of, in Nineteenth Century England - 2006, 157, 17
Charities Act 2006 changed definition of religion from 'faith & worship of God' to be compliant with Article 9, including poly and non-theistic religions; public benefit also no longer presumed - 2020, 185, 155
charity law from 1601 - 2006: Statutes and public benefit - 2021, 187, 121
Christian presuppositions & tradition in English law - 2003, 150, 10
Church law, how this shaped the development of secular law in England - 2017, 178, 37
Church law, importance of as part of legal history & jurisprudence - 2018, 180, 21
Church of England: brief history of Church/State relationship - 2004, 153, 159
Church of England: legal seat of authority; historical amendments to - 2017, 178, 37
Common law, Milsom's critique of Maitland on origins of and influences on development - 2018, 180, 21
confession, seal of, in Latin church; penal consequences of violation by different parties; analysis of canon law history and progression - 2022, 189, 142
confessional, seal of the, in the Church of England & wider Anglicanism from pre reformation canon law to modern day child abuse concerns; 17th century Anglican proviso added for when seal can be broken (as church part of state) - 2022, 189, 126
confession, violation of seal; discussion of whether penalty differs for Catholic priest who hears with/without faculties; what direct/indirect violation might entail with degrees of gravity/penalty; historical changes - 2022, 189, 142
constitutional centrality of Church of England - 2012, 168, 22
contracts & 'good faith': from Roman law to modern Europe - 2000, 144, 4
Coronation vows explicitly deny the secularity of the UK & show commitment to law, justice and mercy - 2022, 189, 107
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
Covid 19 pandemic in UK: changing regulations and laws, impact on religious practice; differences in the 4 jurisdictions - 2021, 187, 96
Covid 19 pandemic in UK: use of legal restrictions; Coronavirus Act 2020 etc; initial lack of scrutiny - 2021, 187, 96
Covid 19 restrictions: legal challenges by faith groups; case law; judicial review permission given; UK timeline - 2021, 187, 96
cremation and treatment of ashes in Church of England and RC church: recent history and changes in canon law - 2014, 173, 145
cremation process development & its legislation, the preferences & involvement of religious groups; problems with treatment of residues - 2014, 173, 145
crime, guilt & punishment in the Old Testament - 2001, 147, 140
death, UK definition of - 1999, 140/141, 56
death penalty, Christian attitudes to - 2006, 156, 37
defence of property, development of law concerning - 2001, 147, 122
Denning, Lord: the influence of William Temple on - 1999, 140/141, 3
democracy, equality and toleration: Biblical political foundations for British rise of - 2013, 170, 49
development of abortion law and practice in Britain - 2009, 163, 127
development of British law on Equality and human rights - 2014, 173, 113
development of human rights theory: freedom of religion as first step then common values without reference to God - 2014, 173, 129
development of the Torah's laws on slavery, as an exemplar of applying & unfolding natural law though salvation history - 2019, 183, 155
development of the UK legal system - 2008, 161, 75
Dicey and the rule of law - 1973, 39, 37
dinners of confraternities and trustees - 1974, 43, 84
direct discrimination: elasticity of concept, Supreme Court ruling protected characteristic must be in complainant, not the discriminator - 2018, 181, 156
discrimination law in employment, brief history of - 2018, 181, 171
discrimination on grounds of religion or belief, changing nature of; political beliefs now appear protected under same legislation - 2015, 175, 180
divorce, history of legislation - 1993, 118/119, 111
divorce, rise of the 'no-fault' - 2015, 174, 35
divorce in early Roman law, the early church, Canon law & late Roman Empire - 2015, 174, 35
divorce in the Republic of Ireland - 1968, 21, 155
Doctors' Commons: history & function of this as a centre for canon law scholarship & other legal practice - 2011, 166, 52
Doctors' Commons: short history of, showing continued influence of ecclesiastical law on secular law in England - 2017, 178, 37
due process, the origins of - 1969, 25, 144
early Protestants, e.g. Calvin, recognised natural law as important as a basis for positive law & theology - 2019, 179, 117
English Ecclesiastical courts & the regulation of divorce - 2015, 174, 35
English Reformation was slow process ending as ecclesiastical hybrid: fairly Catholic liturgy, some Calvinist doctrine - 2017, 178, 37
Equality Act (Sexual Orientation) Regulations, differing legislative responses to moral disagreement (2003-2007) - 2007, 159, 114
equitable principles: canon law influence, development of these in English law - 2017, 178, 37
equity, emergence of, in Roman law to harmonise moral and legal values - 2014, 172, 27
Establishment in the Bible, early Church history & post-reformation UK - 2013, 170, 7
exceptions and provisions in English law for religious groups and individuals - 2010, 164, 27
exorcism, history & development of secular and Church of England law on, from Reformation to present - 2018, 180, 51
exorcism, rise in the UK: use of criminal guidance & civil law to regulate - 2018, 180, 51
family law, looking back over 40 years of - 2003, 150, 8
gifts and trusts: distinction can affect legal enforceability of religious giving (Nineteenth Century England) - 2006, 157, 17
grounds for law, the changing ultimate (from eighteenth century on) - 1992, 112/113, 31
Guido of Monte Rochen on the reasons for & practicalities of the seal of confession; guidance for priests and others - 2022, 188, 28
Haldane, Richard Burdon - 1971, 29, 2
Heenan, Cardinal: first bencher of Inns of Court since the Reformation - 1968, 20, 128
Henry VIII's reformation was about sovereignty, not theology (which mostly remained Catholic) - 2017, 178, 37
Hindu law: history, concepts and difficulties with the study of - 2010, 164, 45
historical developments in the recognition of human rights - 2001, 146, 28
how law works: is it based on sovereignty / power (Hobbes) or justice / natural law (Grotius)? - 2020, 184, 7
human rights, Christian ideas in path to universal rights - 2016, 176, 59
human rights, origins & development of the idea of; links to Christianity and the image of God - 2017, 179, 135
human right's scepticism: from universal acceptance to varying forms of modern scepticism across the world - 2022, 189, 110
husband and wife, relations at common law and under statute - 1983, 76/77, 31
influence of canon law on secular common law in England & differently in Scotland - 2017, 178, 37
Islamic laws and religious practices: how these are recognised or allowed in English law - 2010, 164, 27
ius commune: basic texts and authorities used in Europe in the Middle ages - 2017, 179, 117
jurisdiction of common law, chancery & ecclesiastical courts, 12-15th century - 2000, 144, 4
jurisdictional boundaries between canon & common law in English reformation (Christopher St German) - 2018, 181, 189
justice, classical ideas of: Aristotle, Grotius - 2005, 155, 103
justice, retribution & reconciliation through Christian history - 2005, 155, 103
justifications for breaking the law - 1990, 106/107, 5
King Alfred's seminal law code, Biblical emphases of - 2013, 170, 49
labour law legislation in response to shortages caused by the black death (14th century) - 2022, 188, 38
law and jurisprudence in 200 year period after 1517, differences & similarities of Protestant & Catholic approaches - 2019, 179, 117
law and theology: Wyclif on interrelations of - 2005, 155, 123
legal aid: history, initial ideals and subsequent restrictions - 2015, 175, 166
legal attacks on religion in recent years despite Christian basis of the law - 2015, 174, 1
legal education & practice in sixteenth century England - 1998, 136/137, 19
legal history as critical, subversive and important - 2018, 180, 21
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
legislation, huge increase in eighteenth century - 1989, 100/101, 31
lex talionis in the Bible & today - 1998, 136/137, 13
Locke's theory of natural rights & WWII experiences make human rights a way to hold governments to account - 2014, 173, 129
Luther's negative view of law & lawyers in Christianity; later doubts about consequences of no law - 2019, 179, 117
Lutheran reformation: influence still seen in most Western legal systems e.g. mixed Church / State jurisdictions for marriage, welfare and education - 2017, 178, 6
Magna Carta: history & analysis of, definition of rule of law and necessity of access to justice - 2015, 175, 166
Magna Carta, use of, to protect people from the King's excesses - 2001, 146, 5
Magna Carta as icon of constitutionalism: its adaptability & values but also its failures - 2015, 174, 5
Magna Carta 1215: influence on UK law - 2001, 146, 5
Maitland & Milsom: reflections on their work and insights - 2018, 180, 21
Maitland and Palmer (Robert) on the black death (14th century) - 2022, 188, 38
marriage & divorce, changing attitudes to - 1996, 128/129, 35
marriage no longer sacramental post English reformation but still solemnised in church (Scotland different & constituted by consent) - 2017, 178, 37
Matrimonial Causes Acts (first three) gave civil courts divorce jurisdiction, kept process difficult (though more grounds added) & inhibited reconciliation - 2015, 174, 35
Medieval church courts can be seen as the first modern Western legal system with books, precedents & reports; King's courts much less sophisticated despite personnel overlap - 2017, 178, 37
medieval commercial morality: usury & just price - 1997, 132/133, 9
Milsom's insights into the history of the law of trespass; word originally meant generic wrongdoing - 2018, 180, 21
natural law assumed in both Roman and Canon law; posits a close connection between law & morality - 2019, 179, 117
natural law in Roman legal system & the Bible; Augustine's analysis of both - 2020, 185, 140
O'Sullivan, Richard: a brief biography - 1998, 136/137, 18
O'Sullivan, Richard, on contribution of Christianity to English law - 2013, 170, 19
oaths and declarations, legislation concerning - 1970, 29, 181
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
penology, Christian theories of, through history - 2005, 155, 103
Plowden, Edmund: a biography - 1998, 136/137, 19
Plowden, Edmund: did Elizabeth I offer him the position of Lord Chancellor? - 2000, 145, 29
Plowden, Edmund: strong recusant, refusing the oath of supremacy - 2000, 145, 29
political structure of the Council of Europe - 2009, 162, 36
post reformation Catholic & Protestant jurists still used parts of the canon law in the ius commune as legal authority - 2017, 179, 117
post-reformation church law in England: Canon law continued in force unless consciously revoked - 2017, 178, 37
post reformation jurists, both Catholics & Protestant, thought the law should enforce Christian morality including church attendance, usury, blasphemy etc - 2019, 179, 117
Pound, (Roscoe) on the 'end of law'; means of social engineering, ideas of justice, changes through history - 2020, 184, 7
pre reformation equitable jurisdiction encroached into common law; St German stated divine law also in common law thus usurping the church - 2018, 181, 189
privacy, the right to, in Roman law & canon law - 1998, 136/137, 39
Protestant England (early) saw natural law (& Christianity) as a legitimate source of common law - 2019, 179, 117
public benefit, presumption of for religion and education in charity law: Government intention to end this in 2006 but Charity Commission guidance still not updated - 2021, 187, 121
public control of schools, history of - 1995, 124/125, 27
marriage regulation, historical Protestant & Catholic approaches to: Council of Trent, Luther's use of civil law, English church canons - 2017, 179, 117
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
reformation history: Cromwell's debates over the number of sacraments; St German's anti-clerical contribution - 2018, 181, 189
religious discrimination: brief overview of legislation on how this has been allowed for employment in religious schools - 2019, 182, 49
religious giving in Nineteenth Century England: legal regulation of, as it diversified - 2006, 157, 17
religious giving in Nineteenth Century England: levels of legal enforcement of - 2006, 157, 17
Roman Catholics, disqualifications to holding offices - 1970, 29, 178
seal of confession & rite of penance in Roman Catholic legal history: development, discipline & practice through the ages; practical examples - 2022, 188, 28
sex education in schools: the law & parental rights - 1996, 128/129, 22
simony, condemnation of and analysis of consequences to sacraments - 2010, 165, 144
slavery, Biblical advocacy for humane treatment of - 2007, 158, 23
slavery: hypocrisy often found between principle and practice - 2007, 158, 4
slavery: reaons why Catholics didn't officially condemn until very recently - 2007, 158, 23
slavery in history of Catholic Church: theory & practice - 2007, 158, 23
sources of Guernsey law - 1998, 136/137, 4
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
Stubbs-Maitland controversy over the role of Roman canon law in the ecclesiastical courts during the Reformation: Helmholz's analysis - 2017, 178, 37
suicide as a crime: Dyer's argument from natural law etc - 2018, 180, 38
Temple, William: theology & influence on Lord Denning - 1999, 140/141, 3
The Churches' Funerals Group: membership, history, work and current issues - 2015, 175, 227
tithes survived Protestant reformation until 19th century - 2019, 179, 117
torture (judicial) in history - 2007, 159, 103
Universal Declaration of Human Rights: original Christian influence and recent ethical issues due to lack of clear underpinning values - 2018, 181, 153
virtue of justice for those practising law - 2003, 150, 10
Wesley (John) & exorcism; likely breaking of Canon law & possible reasons why Church didn't respond - 2018, 180, 51
Western, Canon & Islamic law on Usury: an historical overview - 2014, 172, 42
Wilberforce, Sharp & other Christians who changed attitudes to slavery & the law - 2007, 158, 4
witchcraft: how law & practice have developed from crime to acceptance - 2011, 167, 54
Witchcraft Acts in Britain; desire for fairness in context of fraud & false accusations - 2018, 180, 51
Woolf Reforms: overriding objective of justice & pre-action protocols to look at settlement - 2016, 177, 130
Wyclif on interdisciplinary law and theology in 14th century Oxford - 2005, 155, 123
abortion
ancient legal codes and - 1978, 58/59, 81
antecedents to current law - 1968, 18, 16
early laws in states of USA - 1974, 42, 19
history of abortion law in Northern Ireland and the Republic including case law - 2011, 166, 5
Blackstone
legislation and the common law - 1989, 100/101, 31
merits of the jury system - 1989, 100/101, 31
science of legislation - 1988, 98/99, 60
marriage
formalities - 1988, 96/97, 34
marriage in Eastern & Western Canon Law (in the First Millennium) - 2006, 157, 7
origins of form of - 1967, 16, 84
secularisation of - 1969, 25, 144
women and their status in - 1971, 32, 76
More, Sir Thomas
Ackroyd's life of, comments on - 1998, 136/137, 35
his fable: 'the ass, the fox & the wolf' - 1998, 136/137, 35
integrity and the law - 1986, 88/89, 5
new patron of statesmen and politicians - 2001, 147, 79
plaque unveiled in commemoration at Westminster Hall - 1968, 19, 77
statue of, erected - 1969, 23, 48
the lawyer & the judge - 2001, 147, 79
Plowden, Edmund
a biography - 1998, 136/137, 19
effect of being Catholic on his career, refusal of Lord Chancellorship & Oath of Supremacy - 2011, 167, 5
faith, holding to, in Tudor England - 2018, 180, 38
interpreting statutes by their sense rather than by the letter; influence of St German in concepts of epikeia & equity - 2018, 180, 38
life and career, importance to law reporting - 2011, 167, 5
life, Reports and contribution to the development of English law & legal thought - 2018, 180, 38
Australia
development of legal position of Anglican Church in New Zealand and Australia - 2012, 168, 62
Europe
change in emphasis in ECHR case law (since 2005) away from proving manifestation & interference in beliefs, towards possible justification for the interference - 2013, 171, 52
contracts & 'good faith': from Roman law to modern Europe - 2000, 144, 4
ECHR case law on right to wear religious symbols, development over time - 2013, 171, 52
European Convention on Human Rights, the path to effecting the - 2001, 146, 5
European Unification, a brief history of - 2004, 152, 3
freedom of religion in employment case law not violated if able to leave job until Eweida, now must weigh proportionateness - 2013, 171, 52
Germany
Böckenförde, Ernst-Wolfgang: Catholic judge, theologian, constitutional lawyer - 2021, 186, 10
Böckenförde, Ernst-Wolfgang: writings on constitutional law, secular nation state & neutrality of state on values - 2021, 186, 10
circumcision almost criminalised but religious objectives made it legal if done by medical professional - 2021, 186, 20
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 Reformation: few Church structures survived, secular law / authority attacked; resulting crises and reforms - 2017, 178, 6
Lutheran 'Church Ordinances' and their wide ranging provisions; state takes over from Canon Law - 2017, 178, 6
Lutheran reforms: denounced voluntary poverty (previously esteemed), & the church as an object and subject of charity; instituted local state welfare - 2017, 178, 6
Lutheran reforms: divorce introduced with subsequent right to remarriage for some - 2017, 178, 6
Lutheran reforms: marriage no longer a sacrament so subject to civil laws; celibacy discouraged - 2017, 178, 6
Lutheran school reforms: Church based system replaced by state-run schools for all; civil law replaced canon - 2017, 178, 6
martyrdom of lawyers in Nazi Germany; Hitler's will as highest law - 2014, 172, 4
Peace of Augsburg (1555): did this betray Luther's ideas of freedom or impose necessary order & authority - 2017, 178, 6
reforms to the law starting in 1437 and updating / systemising law in territories across Germany - 2017, 178, 6
Greece
legal classification (& lack of registration) of minority religious organisations in Greece 1910-2014 - 2016, 176, 42
Ireland
Church of Ireland, development of & its relationship to the state - 2002, 149, 118
Church of Ireland & school education, historically changing relationship between - 2002, 149, 118
divorce in the Republic of Ireland - 1968, 21, 155
Latin America
State/Church history & development, religious diversity and legislation - 2009, 162, 62
New Zealand
development of legal position of Anglican Church in New Zealand and Australia - 2012, 168, 62
Norway
Church of Norway: brief history of Church/State relationship - 2004, 153, 159
Pakistan
blasphemy law, history of - 2003, 150, 37
Scotland
Church of Scotland, nature of establishment in the - 2002, 149, 125
Covid 19 pandemic in UK: Scottish differences in regulations / effect on worship; successful judicial review - 2021, 187, 96
development of post-reformation Church/State relations in Scotland - 2013, 170, 7
reformation much more theological than in England but medieval canon law still persisted; in 1960s Acts had to remove these barriers to female ordination - 2017, 178, 37
Stair (Viscount): life and influence on Scottish law and it's formulation - 2012, 169, 189
Stair's Institutions as a milestone in Scottish law development - 2012, 169, 189
Spain
development of abortion law in Spain - 2009, 163, 127
United States of America
federalism, nature and history of - 2005, 155, 87
freedom of religion: development of U.S. case law - 2009, 162, 47
pardon in American Law, historical understanding of - 1992, 114/115, 109
religious freedom in the Constitution and the courts - 2011, 166, 37
religious liberty & homosexual rights: Religious Liberty Protection Act (RLPA), predecessor (RFRA) & successor (RLUIPA) - 2020, 185, 110
slavery: influential figures / steps in the path to abolition - 2007, 158, 4
Wales
courts system established for the Church in Wales and subsequent changes to this - 2017, 179, 171
development of Welsh Christianity - 2002, 149, 134
disestablishment & constitution of the Church in Wales, history of - 2017, 179, 171
disestablishment of the Church in Wales - 2002, 149, 134

Published by:

The Edmund Plowden Trust