Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church.
The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history.
Chapter 1: Toleration and its Effects
Chapter 2: The Old Discipline Lingers
Chapter 3: A Century of Doctrine Trials 1775-1871
Chapter 4: Law Defied – the Ritualists
Chapter 5: The Yearning to Fence the Altar
Chapter 6: Reluctance to Discipline
Chapter 7: The Lingering Temptation
The practice of religion by individuals and groups, the rise of religious diversity, and the fear of religious extremism, raise profound questions for the interaction between law and religion in society. The regulatory systems involved, the religion laws of secular government (national and international) and the religious laws of faith communities, are valuable tools for our understanding of the dynamics of mutual accommodation and the analysis and resolution of issues in such areas as: religious freedom; discrimination; the autonomy of religious organisations; doctrine, worship and religious symbols; the property and finances of religion; religion, education and public institutions; and religion, marriage and children. In this series, scholars at the forefront of law and religion contribute to the debates in this area. The books in the series are analytical with a key target audience of scholars and practitioners, including lawyers, religious leaders, and others with an interest in this rapidly developing discipline.
Professor Norman Doe is Director of the Centre for Law and Religion, which he set up at Cardiff Law School in 1998.
Carmen Asiaín is a Law Professor at University of Montevideo (Uruguay).
Paul Babie is Professor and Associate Dean (International), Adelaide Law School.
Pieter Coertzen is the chairperson of the Unit for the Study of Law and Religion in the Beyers Naudé Center for Public Theology, Faculty of Theology, University of Stellenbosch.
Alison Mawhinney is a Reader in Law at Bangor University.
Michael John Perry is a Senior Fellow at Emory University’s Center for the Study of Law and Religion and has held a Robert W. Woodruff University Chair there since 2003.