This book examines the development of legal professionalism in the early English common law, with specific reference to the 13th-century treatise known as Bracton and to its likely authors.
This fast-paced, inspiring and original work proposes that, if religions fade, then secular law provides a much more comprehensive moral regime to govern our lives. Backed by potent and haunting images, it argues that the rule of law is the one universal framework that everyone believes in and that the law is now the most important ideology we have for our survival. The author explores the decline of religions and the huge growth of law and makes predictions for the future of law and lawyers. The book maintains that even though societies may decide they can do without religions, they cannot do without law. The book helpfully summarises both the teachings of all the main religions and the central tenets of the law – governing everything from human relationships to money, banks and corporations. It shows that, without these legal constructs, some of them arcane, our societies would grind to a halt. These innovative summaries make complex ideas seem simple and provide the keys to understanding both the law and religion globally. The book will appeal to both lawyers and the general reader. The book concludes with the author's personal code for a modern way of living to promote the survival of humankind into the future. Vividly written by one of the most important lawyers of our generation, this magisterial and exciting work offers a powerful vision of the role of law in centuries to come and its impact on how we stay alive.
The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion. In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.
In the early 1950s, New York City’s teachers and professors became the targets of massive investigations into their political beliefs and associations. Those who refused to cooperate in the questioning were fired. Some had undoubtedly been communists, and the Communist Party-USA certainly made its share of mistakes, but there was never evidence that the accused teachers had abused their trust. Some were among the most brilliant, popular, and dedicated educators in the city. Priests of Our Democracy tells of the teachers and professors who resisted the witch hunt, those who collaborated, and those whose battles led to landmark Supreme Court decisions. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to every American.
Two hundred years after canon law prohibited clerical marriage, parish priests in the late medieval period continued to form unions with women that were marriage all but in name. In Defiant Priests, Michelle Armstrong-Partida uses evidence from extraordinary archives in four Catalan dioceses to show that maintaining a family with a domestic partner was not only a custom entrenched in Catalan clerical culture but also an essential component of priestly masculine identity. From unpublished episcopal visitation records and internal diocesan documents (including notarial registers, bishops' letters, dispensations for illegitimate birth, and episcopal court records), Armstrong-Partida reconstructs the personal lives and careers of Catalan parish priests to better understand the professional identity and masculinity of churchmen who made up the proletariat of the largest institution across Europe. These untapped sources reveal the extent to which parish clergy were embedded in their communities, particularly their kinship ties to villagers and their often contentious interactions with male parishioners and clerical colleagues. Defiant Priests highlights a clerical culture that embraced violence to resolve disputes and seek revenge, to intimidate other men, and to maintain their status and authority in the community.
These essays offer a historically rigorous dismantling of Western claims about the superiority of celibate priests. Although celibacy is often seen as a distinctive feature of the Catholic priesthood, both Catholic and Orthodox Churches in fact have rich and diverse traditions of married priests. The essays contained in Married Priests in the Catholic Church offer the most comprehensive treatment of these traditions to date. These essays, written by a wide-ranging group that includes historians, pastors, theologians, canon lawyers, and the wives and children of married Roman Catholic, Eastern Catholic, and Eastern Orthodox priests, offer diverse perspectives from many countries and traditions on the subject, including personal, historical, theological, and canonical accounts. As a collection, these essays push especially against two tendencies in thinking about married priesthood today. Against the idea that a married priesthood would solve every problem in Catholic clerical culture, this collection deromanticizes and demythologizes the notion of married priesthood. At the same time, against distinctively modern theological trends that posit the superiority, apostolicity, and “ontological” necessity of celibate priests, this collection refutes the claim that priestly ordination and celibacy must be so closely linked. In addressing the topic of married priesthood from both practical and theoretical angles, and by drawing on a variety of perspectives, Married Priests in the Catholic Church will be of interest to a wide audience, including historians, theologians, canon lawyers, and seminary professors and formators, as well as pastors, parish leaders, and laypeople. Contributors: Adam A. J. DeVille, David G. Hunter, Dellas Oliver Herbel, James S. Dutko, Patrick Viscuso, Alexander M. Laschuk, John Hunwicke, Edwin Barnes, Peter Galadza, David Meinzen, Julian Hayda, Irene Galadza, Nicholas Denysenko, William C. Mills, Andrew Jarmus, Thomas J. Loya, Lawrence Cross, and Basilio Petrà.
Three related essays by experts on the diaconate that examine the concept of women deacons in the Catholic Church from Thistorical, contemporary, and future perspectives.