000 04671nam a22004935i 4500
001 978-3-319-04319-7
003 DE-He213
005 20140220082515.0
007 cr nn 008mamaa
008 140130s2014 gw | s |||| 0|eng d
020 _a9783319043197
_9978-3-319-04319-7
024 7 _a10.1007/978-3-319-04319-7
_2doi
050 4 _aK3150
072 7 _aLND
_2bicssc
072 7 _aLAW075000
_2bisacsh
082 0 4 _a342
_223
100 1 _aO'Halloran, Kerry.
_eauthor.
245 1 4 _aThe Church of England - Charity Law and Human Rights
_h[electronic resource] /
_cby Kerry O'Halloran.
264 1 _aCham :
_bSpringer International Publishing :
_bImprint: Springer,
_c2014.
300 _aXVIII, 241 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aIus Gentium: Comparative Perspectives on Law and Justice,
_x1534-6781 ;
_v36
505 0 _aIntroduction -- Chapter 1 Boundaries and Interfaces -- Chapter 2 Religion, Charity and the Law -- Chapter 3 Establishing the Church of England -- Chapter 4 The Established Church: Governance, Organisational Structure and Theology -- Chapter 5 Anglicanism at Home and Abroad -- Chapter 6 The Impact of Charity Law Reform -- Chapter 7 The Impact of Human Rights -- Chapter 8 Moral Jeopardy: the Challenges for the Church and for Religion Internationally -- Conclusion -- Index.
520 _aThis book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative. From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary ‘moral imperatives’ or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs. This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.
650 0 _aLaw.
650 0 _aPublic law.
650 0 _aReligion (General).
650 0 _aSocial policy.
650 1 4 _aLaw.
650 2 4 _aPublic Law.
650 2 4 _aReligious Studies.
650 2 4 _aSocial Policy.
650 2 4 _aHuman Rights.
710 2 _aSpringerLink (Online service)
773 0 _tSpringer eBooks
776 0 8 _iPrinted edition:
_z9783319043180
830 0 _aIus Gentium: Comparative Perspectives on Law and Justice,
_x1534-6781 ;
_v36
856 4 0 _uhttp://dx.doi.org/10.1007/978-3-319-04319-7
912 _aZDB-2-SHU
999 _c93086
_d93086