Religious Confession Privilege and the Common Law PDF Download
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Author: A. Keith Thompson
Publisher: BRILL
ISBN: 9047425790
Category : Law
Languages : en
Pages : 423
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Book Description
Does religious confession privilege exist at common law? Most evidence law texts answer ‘no’. This analysis shows that most of the cases relied upon for the ‘no religious confession privilege conclusion’ are not authority for that conclusion. The origin of the privilege in the canon law in the first millennium AD is traced and its reception into common law is documented. Proof that religious confession privilege continues unbroken at common law through to the present day is of obvious importance in jurisdictions where there is no relevant statute. A correct understanding of the common law extant before statutes were passed will influence whether those statutes are broadly or narrowly interpreted. The book also brings the reader up to date on the state of religious confession privilege in the United States, Canada, England, Wales, Scotland, Ireland, Australia, New Zealand and South Africa.
Author: A. Keith Thompson
Publisher: BRILL
ISBN: 9047425790
Category : Law
Languages : en
Pages : 423
Get Book Here
Book Description
Does religious confession privilege exist at common law? Most evidence law texts answer ‘no’. This analysis shows that most of the cases relied upon for the ‘no religious confession privilege conclusion’ are not authority for that conclusion. The origin of the privilege in the canon law in the first millennium AD is traced and its reception into common law is documented. Proof that religious confession privilege continues unbroken at common law through to the present day is of obvious importance in jurisdictions where there is no relevant statute. A correct understanding of the common law extant before statutes were passed will influence whether those statutes are broadly or narrowly interpreted. The book also brings the reader up to date on the state of religious confession privilege in the United States, Canada, England, Wales, Scotland, Ireland, Australia, New Zealand and South Africa.
Author: Edward Lowth BADELEY
Publisher:
ISBN:
Category :
Languages : en
Pages : 84
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Book Description
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: Anthony Keith Thompson
Publisher:
ISBN:
Category : Confession (Canon law)
Languages : en
Pages : 708
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Book Description
Author: Edward Badeley
Publisher: Forgotten Books
ISBN: 9780484276788
Category : Law
Languages : en
Pages : 84
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Book Description
Excerpt from The Privilege of Religious Confessions in English Courts of Justice Considered, in a Letter to a Friend In dealing then with this subject, I propose, in the first place, to ascertain what was the rule of the Common Law, prior to that series of events which is commonly called the Reformation; next, to see whether that rule was abrogated or altered, at or after that period; and, lastly, to examine the doc trine laid down by the English writers on evidence, and the authorities upon which they rely. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Harold Tiemann
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 262
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Book Description
Author: Robert James White
Publisher:
ISBN:
Category : Confession (Law)
Languages : en
Pages : 50
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Book Description
Author: Mark Hill
Publisher: Connor Court Publishing Pty Limited
ISBN: 9781922449924
Category : Law
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: Rex Ahdar
Publisher: Edward Elgar Publishing
ISBN: 1788112474
Category : Law
Languages : en
Pages : 513
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Book Description
Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.
Author: Edward Badeley
Publisher:
ISBN: 9783744715232
Category :
Languages : en
Pages : 88
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Book Description
The privilege of religious confessions in English courts of justice considered in a letter to a friend is an unchanged, high-quality reprint of the original edition of 1865. Hansebooks is editor of the literature on different topic areas such as research and science, travel and expeditions, cooking and nutrition, medicine, and other genres. As a publisher we focus on the preservation of historical literature. Many works of historical writers and scientists are available today as antiques only. Hansebooks newly publishes these books and contributes to the preservation of literature which has become rare and historical knowledge for the future.
