تاریخ حقوقی کلیسای انگلستان: از اصلاحات تا به امروز

This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society. Foreword by David Ibbetson Preface Contents List of Contributors Introduction 1. The Medieval Antecedents: Pre-Reformation Canon Law I. The Classical Canon Law II. The English Church III. The Secular and Religious Jurisdictions IV. Conclusion 2. The Reformation and the King's Ecclesiastical Law: 1533–58 I. The Reign of Henry VIII (1509–47) II. The Reign of Edward VI (1547–53) III. The Reign of Mary I (1533–58) IV. Conclusion 3. The Elizabethan Settlement: 1558–1603 I. The Preliminary Period: Between Archbishops – Royal Supremacy II. Period One: Archbishop Parker (1559–75) III. Period Two: Archbishop Grindal (1575–83) IV. Period Three: Archbishop Whitgift (1583–1603) V. The Ecclesiastical Courts and Lawyers VI. Church-Related Social Legislation VII. Conclusion 4. The Source and Limit of the King's Ecclesiastical Law: 1603–60 I. Legal Landmarks in the Jacobean and Caroline Church II. The Civil War and the Laws of the Long Parliament III. The Commonwealth: Republican Church Law IV. The Jurists: From Royal to Republican V. Restoration VI. Conclusion 5. The Restoration and Re-Establishment: 1660–1701 I. An Insecure and Exclusionary 'Restoration': 1660–88 II. A Compromise with a Revolutionary Legacy: 1688–1701 III. Conclusion 6. The Church in Danger – Legal Perspectives: 1701–60 I. The Boom in Works on Ecclesiastical Law II. The Juridical Conception of the Church and its Law III. The State and Maintenance of the Clergy: Queen Anne's Bounty IV. The Reform of the Law of Patronage V. The Law of Marriage VI. The Legislative Power of the Convocations VII. The Courts: Roman Canon Law, Precedent and Morality VIII. Conclusion 7. The Ecclesiastical Law and Religious Pluralism: 1760–1837 I. The Established Church and the Rise of Religious Freedom II. The Clergy – Appointment, Functions and Discipline III. Lay Officers and Lay Discipline in the Church Courts IV. Doctrine and Education, Worship and Rites of Passage V. Church Property and Finance VI. Conclusion 8. The Victorian Church: Revival, Reform, Ritualism: 1837–1901 I. Situating the Church of England in the Reign of Victoria II. Litigation: Battles in the Courts for the Soul of the Church III. Reforming Ecclesiastical Judicature, the Ecclesiastical Legal Profession and Its Literature IV. Adjusting to the Loss of the Confessional State: Developments in Church Government V. Conclusion 9. The 'New World' of Ecclesiastical Law: 1901–47 I. The Establishment and Work of the Church Assembly II. Ritual, Discipline and Prayer Book Revision III. Beyond the Church Assembly: Parliament and Convocation IV. Conclusion 10. The Post-War Church – Revision and Stability: 1947–94 I. Administrative Rationalisation: The Church Commissioners II. A New Code of Canons III. The Reform of the Church Courts IV. Pastoral Reorganisation and the State of the Clergy V. Ecumenism VI. Synodical Government VII. Liturgical and Doctrinal Reform VIII. The Long Road to Remarried and Women Priests IX. Conclusion 11. Change and Decay – The Twilight Years of an Established Church: 1994–2023 I. The Speed of Change II. Simplification III. Women Priests and Bishops: Mutual Flourishing IV. The Lords Spiritual V. The Ecclesiastical Courts VI. Case Law VII. Soft Law VIII. Principles of Anglican Canon Law IX. Safeguarding and the Seal of the Confessional X. The Future XI. Conclusion Conclusion Bibliography Index The first comprehensive analysis of the principal legal landmarks in the evolution of the established Church of England since the Reformation. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the source of major political and theological controversies, within and outside the Church, including the Reformation itself, the English civil law, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the 20th. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50 year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law, and its place in wider English society.