Pub Date : 2023-05-30DOI: 10.1017/S0956618X23000042
Clyde Muropa
This study, which focuses on the Roman Catholic Church, explores the concepts of confidentiality and the right to privacy in contemporary moral and legal thought. The management of church personnel files presents the challenge of observing and maintaining confidentiality and privacy. In most cases, the information contained in personnel files of the clergy, members of religious institutes, and others holding ecclesiastical offices is confidential, which should safeguard the reputation of all persons involved. From a juridical viewpoint, the Church's innate duty to respect the dignity of the person, as well as the natural right of privacy and good name, forms the foundation of this study. Certain practices in the Church entail the collection, use, or retention of confidential information about individuals for internal purposes, the administration of justice, and the management of archives and documents in the diocesan curia. In the final analysis, the Church has the responsibility to both protect the privacy of all the faithful and to transmit the Gospel message transparently.
{"title":"Personnel Files, Confidentiality and the Right to Privacy","authors":"Clyde Muropa","doi":"10.1017/S0956618X23000042","DOIUrl":"https://doi.org/10.1017/S0956618X23000042","url":null,"abstract":"This study, which focuses on the Roman Catholic Church, explores the concepts of confidentiality and the right to privacy in contemporary moral and legal thought. The management of church personnel files presents the challenge of observing and maintaining confidentiality and privacy. In most cases, the information contained in personnel files of the clergy, members of religious institutes, and others holding ecclesiastical offices is confidential, which should safeguard the reputation of all persons involved. From a juridical viewpoint, the Church's innate duty to respect the dignity of the person, as well as the natural right of privacy and good name, forms the foundation of this study. Certain practices in the Church entail the collection, use, or retention of confidential information about individuals for internal purposes, the administration of justice, and the management of archives and documents in the diocesan curia. In the final analysis, the Church has the responsibility to both protect the privacy of all the faithful and to transmit the Gospel message transparently.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"12 6","pages":"314 - 329"},"PeriodicalIF":0.5,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41300510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000133
Frank Cranmer
In the June to September report, I noted that Boris Johnson had announced his resignation as leader of the Conservative Party on 7 July and had been replaced as Prime Minister by Liz Truss on 6 September. Little did anyone imagine that she, in turn, would be replaced by Rishi Sunak on 25 October after only 50 days in office and a disastrous mini budget presented by her Chancellor, Kwasi Kwarteng, which Sunak's replacement as Chancellor, Jeremy Hunt, then repudiated almost in its entirety.
{"title":"October 2022 to January 2023","authors":"Frank Cranmer","doi":"10.1017/s0956618x23000133","DOIUrl":"https://doi.org/10.1017/s0956618x23000133","url":null,"abstract":"In the June to September report, I noted that Boris Johnson had announced his resignation as leader of the Conservative Party on 7 July and had been replaced as Prime Minister by Liz Truss on 6 September. Little did anyone imagine that she, in turn, would be replaced by Rishi Sunak on 25 October after only 50 days in office and a disastrous mini budget presented by her Chancellor, Kwasi Kwarteng, which Sunak's replacement as Chancellor, Jeremy Hunt, then repudiated almost in its entirety.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"247 - 254"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45558378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000182
D. Willink
{"title":"Rabczewska v Poland","authors":"D. Willink","doi":"10.1017/s0956618x23000182","DOIUrl":"https://doi.org/10.1017/s0956618x23000182","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"275 - 276"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43872279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000066
P. Babie
This article provides a brief account of the historical origins and canonical status of the three modern Orthodox and Greek-Catholic churches of Ukraine: the Orthodox Church of Ukraine, the Ukrainian Orthodox Church-Moscow Patriarchate, and the Ukrainian Greek-Catholic Church. It contains four parts. The first briefly recounts the origins of Byzantine Christianity and the fused form of state and church governance that developed in Constantinople from the 4th to the 15th centuries. The second examines the Great Schism of 1054, which cleaved Eastern and Western Christianity, sending Eastern Orthodox Christianity down the path of territory- or nation-based churches constituted by eucharistic ecclesiology; this would ultimately give rise to the Ukrainian Orthodox Church-Moscow Patriarchate in the Slavic lands that would become Ukraine. The third part considers two modern schisms, the Little Schism of 1596, which produced the Ukrainian Greek-Catholic Church, and the Final Schism of 2018–2019, which brought into existence the Orthodox Church of Ukraine. Drawing upon eucharistic ecclesiology, the final part offers brief concluding reflections concerning the ongoing implications of these three schisms for Orthodox Christianity in Ukraine.
{"title":"All Roads Lead to New Rome: The Canonical Origins and Status of the Orthodox and Greek Catholic Churches of Ukraine","authors":"P. Babie","doi":"10.1017/s0956618x23000066","DOIUrl":"https://doi.org/10.1017/s0956618x23000066","url":null,"abstract":"This article provides a brief account of the historical origins and canonical status of the three modern Orthodox and Greek-Catholic churches of Ukraine: the Orthodox Church of Ukraine, the Ukrainian Orthodox Church-Moscow Patriarchate, and the Ukrainian Greek-Catholic Church. It contains four parts. The first briefly recounts the origins of Byzantine Christianity and the fused form of state and church governance that developed in Constantinople from the 4th to the 15th centuries. The second examines the Great Schism of 1054, which cleaved Eastern and Western Christianity, sending Eastern Orthodox Christianity down the path of territory- or nation-based churches constituted by eucharistic ecclesiology; this would ultimately give rise to the Ukrainian Orthodox Church-Moscow Patriarchate in the Slavic lands that would become Ukraine. The third part considers two modern schisms, the Little Schism of 1596, which produced the Ukrainian Greek-Catholic Church, and the Final Schism of 2018–2019, which brought into existence the Orthodox Church of Ukraine. Drawing upon eucharistic ecclesiology, the final part offers brief concluding reflections concerning the ongoing implications of these three schisms for Orthodox Christianity in Ukraine.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"211 - 236"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41562887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000030
Teresa Sutton
This article distinguishes contested heritage on consecrated land from the wider secular contested heritage debate. The evolving property law position on contested heritage and consecrated land is analysed in the context of recent consistory court judgments including the controversial decision concerning the memorial to Tobias Rustat at Jesus College, Cambridge. The current application of the ecclesiastical exemption, the statutory guidance on contested heritage from the Church Buildings Council and the Cathedrals Fabric Commission and the Duffield framework are considered together with strong criticisms made by the Archbishops’ Commission for Racial Justice. The article suggests that because issues of contested heritage and the legacies of enslavement have not been properly considered in a timely way by the Church of England, individual consistory court cases have become focal points for wider debates beyond their remit. The article argues that the current resolution process for disputes over contested heritage is untenable in the longer term. Statutory guidance needs to be revised and the faculty process, in particular the Duffield framework, needs to be adapted to address racial justice and mission and worship. Practical advice is offered to individual religious communities seeking to consider contested heritage in their own buildings in the meantime.
{"title":"Contested Heritage and the Consistory Courts","authors":"Teresa Sutton","doi":"10.1017/s0956618x23000030","DOIUrl":"https://doi.org/10.1017/s0956618x23000030","url":null,"abstract":"This article distinguishes contested heritage on consecrated land from the wider secular contested heritage debate. The evolving property law position on contested heritage and consecrated land is analysed in the context of recent consistory court judgments including the controversial decision concerning the memorial to Tobias Rustat at Jesus College, Cambridge. The current application of the ecclesiastical exemption, the statutory guidance on contested heritage from the Church Buildings Council and the Cathedrals Fabric Commission and the Duffield framework are considered together with strong criticisms made by the Archbishops’ Commission for Racial Justice. The article suggests that because issues of contested heritage and the legacies of enslavement have not been properly considered in a timely way by the Church of England, individual consistory court cases have become focal points for wider debates beyond their remit. The article argues that the current resolution process for disputes over contested heritage is untenable in the longer term. Statutory guidance needs to be revised and the faculty process, in particular the Duffield framework, needs to be adapted to address racial justice and mission and worship. Practical advice is offered to individual religious communities seeking to consider contested heritage in their own buildings in the meantime.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"171 - 191"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44414292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000236
{"title":"ELJ volume 25 issue 2 Cover and Back matter","authors":"","doi":"10.1017/s0956618x23000236","DOIUrl":"https://doi.org/10.1017/s0956618x23000236","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"b1 - b4"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42475278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000170
D. Willink
The Commonwealth War Graves Commission is the sole organisation charged with the commemoration of members of the Commonwealth forces who died during the two World Wars– the official war periods being 4 August 1914 to 31 August 1921, and 3 September 1939 to 31 December 1947–where the death was the result either of wounds inflicted or an accident occurring during active service, or disease aggravated by active service. In practice, this means that serving military personnel are commemorated irrespective of the cause, location or circumstances of their death. Private William Walker had served in France and Belgium before he and two comrades died while on service in Ireland on 22 February 1921. It was known that his body had been returned and buried in the churchyard, but its precise location was unknown. The Commission wished to install a standard war pattern headstone to Private Walker, with the superscription (usual in these circumstances) ‘Buried elsewhere in this Churchyard’. The incumbent and PCC understood the desire for such a memorial, but was also concerned by the possibility of unintended pastoral harm by the official commemoration of an English soldier killed in Ireland. The rector was thought to be particularly concerned in the light of problems of contested heritage. They declined to make a decision on the Commission’s request, instead inviting the Commission to petition for a faculty so that the court could carry out the necessary balancing exercise. The court was satisfied that there was no good reason militating against the introduction of the proposed memorial, whose wording did not mention Ireland at all. First, Private Walker and his comrades had not died in armed conflict with Irish forces, but had been captured and executed as ‘spies’ by the IRA. No-one could sensibly have anything but the most profound sympathy for Private Walker and his family. (The other two comrades were already officially commemorated elsewhere.) More broadly, there would be an unhappy dissonance between receiving a body for burial in a churchyard yet refusing to commemorate them. There was no basis for the fear of upsetting any Irish Catholic who might visit the churchyard, any more than would be the case with any other foreign national viewing a memorial to a soldier who fell in a conflict with that person’s own country. A faculty would issue, permitting the installation of the proposed headstone next to the only other Commission headstone in the churchyard. [DW]
{"title":"Re St Nicholas, Tackley","authors":"D. Willink","doi":"10.1017/s0956618x23000170","DOIUrl":"https://doi.org/10.1017/s0956618x23000170","url":null,"abstract":"The Commonwealth War Graves Commission is the sole organisation charged with the commemoration of members of the Commonwealth forces who died during the two World Wars– the official war periods being 4 August 1914 to 31 August 1921, and 3 September 1939 to 31 December 1947–where the death was the result either of wounds inflicted or an accident occurring during active service, or disease aggravated by active service. In practice, this means that serving military personnel are commemorated irrespective of the cause, location or circumstances of their death. Private William Walker had served in France and Belgium before he and two comrades died while on service in Ireland on 22 February 1921. It was known that his body had been returned and buried in the churchyard, but its precise location was unknown. The Commission wished to install a standard war pattern headstone to Private Walker, with the superscription (usual in these circumstances) ‘Buried elsewhere in this Churchyard’. The incumbent and PCC understood the desire for such a memorial, but was also concerned by the possibility of unintended pastoral harm by the official commemoration of an English soldier killed in Ireland. The rector was thought to be particularly concerned in the light of problems of contested heritage. They declined to make a decision on the Commission’s request, instead inviting the Commission to petition for a faculty so that the court could carry out the necessary balancing exercise. The court was satisfied that there was no good reason militating against the introduction of the proposed memorial, whose wording did not mention Ireland at all. First, Private Walker and his comrades had not died in armed conflict with Irish forces, but had been captured and executed as ‘spies’ by the IRA. No-one could sensibly have anything but the most profound sympathy for Private Walker and his family. (The other two comrades were already officially commemorated elsewhere.) More broadly, there would be an unhappy dissonance between receiving a body for burial in a churchyard yet refusing to commemorate them. There was no basis for the fear of upsetting any Irish Catholic who might visit the churchyard, any more than would be the case with any other foreign national viewing a memorial to a soldier who fell in a conflict with that person’s own country. A faculty would issue, permitting the installation of the proposed headstone next to the only other Commission headstone in the churchyard. [DW]","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"274 - 274"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42053570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/S0956618X23000078
N. Doe
2023 marks the 800th anniversary of the death of Gerald of Wales. Scholarship to-date has focused on Gerald's extensive non-legal literature. His contribution to canon law has hitherto been neglected. However, Gerald was a canon lawyer of considerable stature. He was a student and teacher of canon law, he administered canon law and defended it against the encroachment of the royal law, and he litigated in canon law to the highest level – the papal court in Rome.
{"title":"Gerald of Wales (c. 1146–1223): A Canonist Rediscovered","authors":"N. Doe","doi":"10.1017/S0956618X23000078","DOIUrl":"https://doi.org/10.1017/S0956618X23000078","url":null,"abstract":"2023 marks the 800th anniversary of the death of Gerald of Wales. Scholarship to-date has focused on Gerald's extensive non-legal literature. His contribution to canon law has hitherto been neglected. However, Gerald was a canon lawyer of considerable stature. He was a student and teacher of canon law, he administered canon law and defended it against the encroachment of the royal law, and he litigated in canon law to the highest level – the papal court in Rome.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"192 - 210"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47245808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000169
D. Willink
{"title":"Re St Peter, Holy Trinity and All Saints, Dorchester","authors":"D. Willink","doi":"10.1017/s0956618x23000169","DOIUrl":"https://doi.org/10.1017/s0956618x23000169","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"272 - 273"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46291359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000200
D. Willink
{"title":"Billy Graham Evangelistic Association v Scottish Event Campus Ltd","authors":"D. Willink","doi":"10.1017/s0956618x23000200","DOIUrl":"https://doi.org/10.1017/s0956618x23000200","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"277 - 279"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45356809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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