Explains the laws of the Church of Scotland, Scottish Episcopalian Church and the Roman Catholic Church in Scotland for those who work and hold positions of responsibility within Churches, for those preparing for ministry or legal practice and for practitioners called upon to appear before Church courts.
Solicitors and counsel in Scotland receive little training in the information systems of the Churches in Scotland. This makes it difficult for them to advise on church law or appear in ecclesiastical courts, tribunals or commissions. Following well-received seminars on the Church of Scotland's legal system in 2007, and with additional contributions from the Scottish Episcopal Church and the Roman Catholic Church, this book was specially written to fill this gap. It includes chapters on the various Churches' polity, processes and judicial procedures, including the Church of Scotland's Judicial Commission and disciplinary processes.
Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.
Christian Law: Contemporary Principles offers a detailed comparison of the laws of churches across ten distinct Christian traditions worldwide: Catholic, Orthodox, Anglican, Lutheran, Methodist, Reformed, Presbyterian, United, Congregational and Baptist. From this comparison, Professor Doe proposes that all denominations of the faith share common principles in spite of their doctrinal divisions; and that these principles reveal a concept of 'Christian law' and contribute to a theological understanding of global Christian identity. Adopting a unique interdisciplinary approach, the book provides comprehensive coverage on the sources and purposes of church law, the faithful (lay and ordained), the institutions of church governance, discipline and dispute resolution, doctrine and worship, the rites of passage, ecumenism, property and finance, as well as church, State and society. This is an invaluable resource for lawyers and theologians who are engaged in ecumenical and interfaith dialogue, showing how dogmas may divide but laws link Christians across traditions.
This new paperback edition brings together the latest thoughts on the development of the medieval Scottish kingdom. Thirteen contributors explore the central themes in medieval Scottish history - the interplay between Celtic and feudal influences; crown-magnate relations; local and national relations; and the political definition of the kingdom.
First published in 1973, Professor Kellas's account of Scottish government and politics has long been recognised as the standard textbook in the field. Its scope includes a definition of the Scottish political system, and critical descriptions of Scottish administration (central and local), parliamentary activity, parties, electoral behaviour, and pressure groups. Scottish nationalism is given a wider interpretation than usual, covering not only the support for the Scottish National Party, but the manifestations of national feeling in Scottish life generally. The General Election of 1987 provided further evidence of the distinctive character of politics in Scotland, with the Conservative Party reduced to ten MPs, barely sufficient to fill the existing Scottish ministerial posts. In a new postscript Professor Kellas looks at the principal political developments of the period since 1983, and examines the political and constitutional implications of the current imbalance of forces as between Westminster and Scotland.
The interaction of faith and the community is a fundamental of modern society. The first country to adopt Presbyterianism in its national church, Scotland adopted a system of church government, which is now in world-wide use. This book examines the development and current state of Scots law. Drawing on previous material as well as discussing current topical issues, this book makes some comparisons between Scotland and other legal and religious jurisdictions. The study first considers the Church of Scotland, its ’Disruption’ and statutorily recognised reconstitution and then the position of other denominations before assessing the interaction of religion and law and the impact of Human Rights and various discrimination laws within this distinctive Presbyterian country. This unique book will be of interest to both students and lecturers in constitutional and civil law, as well as historians and ecclesiastics.
This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how the United Kingdom: Great Britain deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in the United Kingdom: Great Britain. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
“The ideal instructional guide and reference for anyone doing genealogical research” by the author of Tracing Your Scottish Family History on the Internet (Midwest Book Review). Despite its Union with England and Wales in 1707, Scotland remained virtually independent from its partners in many ways, retaining its own legal system, its own state church, and its own education system. In Tracing Scottish Ancestry Through Church and State Records, genealogist Chris Paton examines the most common records used by family historians in Scotland, ranging from the vital records kept by the state and the various churches, the decennial censuses, tax records, registers of land ownership and inheritance, and records of law and order. Through precepts of clare constat and ultimus haeres records, feudalism and udal tenure, to irregular marriages, penny weddings and records of sequestration, Chris Paton expertly explores the unique concepts and language within many Scottish records that are simply not found elsewhere within the British Isles. He details their purpose and the information recorded, the legal basis by which they were created, and where to find them both online and within Scotland’s many archives and institutions. “A useful and very readable introduction to Scottish records, with many case studies to assist the reader, but there is also much in it that may be new to more experienced family historians.” —The Local Historian, journal of the British Association for Local History “Leads the reader through the Scottish record jungle.” —Canada’s Anglo-Celtic Connections