Religious Confession and Evidential Privilege in the 21st Century PDF Download
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Author: Mark Hill
Publisher: Connor Court Publishing
ISBN: 9781922449900
Category :
Languages : en
Pages : 322
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Book Description
Contributions from: A. Keith Thompson, Robert Natanek, Patrick Parkinson, Monica Doumit, Mario Ferrante, Mark Hill QC, Christopher Grout, Andreas Henriksen Aarflot, Stephen Farrell, Gregory Zubacz, Giorgio Morelli and Eric Lieberman This collection by editors Mark Hill QC and Keith Thompson raises many questions about recent challenges to religious confession privilege whether through legislative enactment or otherwise. Is confessional practice protected by international human rights instruments and domestic constitutional norms? Is there a social benefit from sinners using confession as a means of reformation of character? How do we decide which confidences should be protected by law? Are children and the vulnerable any better protected by making inroads into the doctrinal practice of confession? While these questions are not all answered here, the different US, European and Australian contexts enable wider comparative insights not always considered within a single jurisdiction. While religious confession privilege law has evolved differently in countries with established churches, it seems that the need to accommodate other religions has led to increased tolerance of diverse belief and practice. There are also some surprises here - including the confessional nature of auditing practice in Scientology and that, until recently, it was a criminal offence in Norway and Sweden for a religious minister to disclose confidences. As former Archbishop of Canterbury, Rowan Williams says in the Foreword, no community of faith can exist without a foundation of trust. That bond is shattered when religious authorities betray trust, such as by physical or mental abuse, but confession requires confidences to be maintained for the sacrament of penance to be meaningful. This volume seeks to stimulate discussion and to inform a deeper understanding of this tangled and urgent issue.
Author: Mark Hill
Publisher: Connor Court Publishing
ISBN: 9781922449900
Category :
Languages : en
Pages : 322
Get Book Here
Book Description
Contributions from: A. Keith Thompson, Robert Natanek, Patrick Parkinson, Monica Doumit, Mario Ferrante, Mark Hill QC, Christopher Grout, Andreas Henriksen Aarflot, Stephen Farrell, Gregory Zubacz, Giorgio Morelli and Eric Lieberman This collection by editors Mark Hill QC and Keith Thompson raises many questions about recent challenges to religious confession privilege whether through legislative enactment or otherwise. Is confessional practice protected by international human rights instruments and domestic constitutional norms? Is there a social benefit from sinners using confession as a means of reformation of character? How do we decide which confidences should be protected by law? Are children and the vulnerable any better protected by making inroads into the doctrinal practice of confession? While these questions are not all answered here, the different US, European and Australian contexts enable wider comparative insights not always considered within a single jurisdiction. While religious confession privilege law has evolved differently in countries with established churches, it seems that the need to accommodate other religions has led to increased tolerance of diverse belief and practice. There are also some surprises here - including the confessional nature of auditing practice in Scientology and that, until recently, it was a criminal offence in Norway and Sweden for a religious minister to disclose confidences. As former Archbishop of Canterbury, Rowan Williams says in the Foreword, no community of faith can exist without a foundation of trust. That bond is shattered when religious authorities betray trust, such as by physical or mental abuse, but confession requires confidences to be maintained for the sacrament of penance to be meaningful. This volume seeks to stimulate discussion and to inform a deeper understanding of this tangled and urgent issue.
Author: A. Keith Thompson
Publisher: Martinus Nijhoff Publishers
ISBN: 9004172327
Category : Political Science
Languages : en
Pages : 424
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Book Description
Despite what most evidence law texts say, religious confession privilege does exist at common law. This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in statutory form.
Author: Edward Lowth BADELEY
Publisher:
ISBN:
Category :
Languages : en
Pages : 84
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Book Description
Author: Anthony Keith Thompson
Publisher:
ISBN:
Category : Confession (Canon law)
Languages : en
Pages : 708
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Book Description
Author: Rowland S. Ward
Publisher: Tulip Publishing
ISBN: 1922584037
Category : Religion
Languages : en
Pages : 424
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Book Description
Rowland S. Ward's guide has served as an invaluable resource for many wishing to understand the rich theological tapestry of the Westminster Confession. In this revised and expanded volume, Ward has sought to bring further clarity to, and appreciation for, this great summary of doctrinal truth. If you are looking for an easy to read exposition of the Confession with sharp analysis of its contents and relevant discussion questions -- look no further.
Author: Edward Badeley
Publisher: Palala Press
ISBN: 9781347139660
Category :
Languages : en
Pages : 86
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Timothy J. Mockaitis
Publisher: Xlibris Corporation
ISBN: 1469102528
Category : Religion
Languages : en
Pages : 232
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Book Description
"The Seal: A Priests Story" recalls the true story of an outrageous violation of religious liberty which created an unprecedented rift between the powers of Church and State. When a priest recieved the sacramental confession of a jailed inmate, in which forgiveness is offered by God alone, he did not realize that the sacred priest-penitent communication had been secretly tape recorded. Would it have helped solve the case? Or has the law violated a persons religious right? The story explores uncharted legal territory in this first impression case involving a priest, a penitent, a district attorney and the Catholic Church. It was the first time a violation of the seal of confession was alleged in a capital case in the United States, and the first time an attempt was made in court to define a violation of the seal of the confessional as a First Amendment violation. With a compelling Foreword by Francis Cardinal George, Archbishop of Chicago, this book of narrative non-fiction, written in a unique first person voice, will be of interest to Catholics and non-Catholics, clergy and parishioner alike across this nation, all people of faith, and readers independent of religious affiliation. Citizens concerned with the infringement of our Constitutional rights,in particular the right to religious freedom and privacy, and those in the legal profession will find this book a fascinating study. In the endless debate over the role of religion and faith in public life, this case offers a distinct contribution to that dialogue and presents a significant test of our American Constitution. Delve into the controversial incident that teeters dangerously between morality and ethics, law and religion. This very personal and public story is a compelling read. What Others have said: "The Seal" serves as a sharp reminder that we cannot take religious freedom for granted or stand aside when it is under duress . . ." (Francis Cardinal George - Archbishop of Chicago) "This revelation of a brazen attempt to violate the sacred privacy of the confessional and the constitutional rights of a vulnerable suspect should alert all of us. What happened in Oregon is a warning. I highly recommend this book." (Sr. Helen Prejean, Author: "Dead Man Walking" and "The Death of Innocents." "This case has more twists and turns than an Agatha Christy novel." (Sean Hannity - Fox News Network) "This is the ultimate nightmare between Church Law and Constitutional Law." (Roger Cossack - CNN). "This is unprecedented in American history . . .a Nazi tactic . . . the relationship between a priest and a penitent is sacred and cannot be violated . . ." (William Donohue - Catholic League for Religious and Civil Rights). "Out of nowhere, as it must have seemed, the performance of a rite . . . enshrined in secrecy became a matter for the media, for the courts, for the public at large . . . (Judge John Noonan - 9th Circuit Court of Appeals: 1/27/97)
Author: John Duddington
Publisher: Taylor & Francis
ISBN: 1000804984
Category : Business & Economics
Languages : en
Pages : 247
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Book Description
This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas.
Author: Robert James White
Publisher:
ISBN:
Category : Confession (Law)
Languages : en
Pages : 50
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Book Description
Author: Ronald L. Goldfarb
Publisher: Yale University Press
ISBN: 030015559X
Category : Law
Languages : en
Pages : 300
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Book Description
The variety and pervasiveness of confidentiality issues today is breathtaking. Not a day passes without a media report on a breach of confidentiality, a claim of attorney-client privilege, a journalist jailed for refusing to reveal a source, a medical or hospital record improperly disclosed, or a major business deal exposed by anonymous sources. In Confidence examines confidential issues that arise in various disciplines and relationships and considers which should be protected and which should not. Ronald Goldfarb organizes the book around professionals for whom confidentiality is an issue of weighty importance: government officials, attorneys, medical personnel, psychotherapists, clergy, business people, and journalists. In a chapter devoted to each, and in another on spousal privilege, he lays out specific issues and the laws positions on them. He discusses an array of court cases in which confidentiality issues played an important role and decisions were often surprising and controversial. Goldfarb also looks into the criteria that should be used when determining whether secrets must be revealed. His nuanced analysis reveals how federal government practices and technological capabilities increasingly challenge the boundaries of privacy, and his thoughtful insights open the door to meaningful new debate.
