Scales

LAW & JUSTICE

Cross

 

 

Subject Index 1967 - 2008

 

 This index is divided into main headings which are printed in alphabetical order. Entries are made only where there is reasonably substantial reference to a subject. The case reference is followed by the standard source reference of year, issue and first page number. There is a considerable amount of cross-referencing where a subject spans more than one heading.

 

The subject index covers articles, case notes, comment, correspondence, obituaries and notes. It does not include book reviews, reviews of reviews, review articles or notices of honours, most appointments or deaths.

 

Subscription details can be found at the bottom of this page.

 

Human rights
Administrative law Immigration & Asylum
Agency International law
Canon law Jurisprudence
Charitable trusts Land law
Children Law & Religion Scholars Network
Common law Legal history
Companies Legal profession
Comparative law Legislation
Conflict of laws

Marriage

Constitutional law Matrimonial property
Courts and tribunals Medicine
Crime Mentally disabled
Criminal law Natural justice
Damages Personal
Divorce Philosophy
Ecclesiastical law Planning
Edmund Plowden Trust Prisons
Education Race relations
Emergency powers Roman Catholic Church
Employment Law Rule of law
Equitable remedies Taxation
Ethics and morality Trustees
European Community Unborn child
Family law Welfare state
Government & Parliamentary News Welfare state

ABORTION
abortion can be opposed on the same grounds as slavery - 2007, 158, 4
abortion grounds, suggestions for legally assessing whether these are met - 1996, 128/129, 50
Catholic Church teachings - 1968, 19, 52
conceptus, when a human person - 1974, 44, 101
decision upheld to refuse to screen ProLife Alliance Party Election Broadcast - 2003, 150, 83
dismissal following conscientious objection to - 1988, 98/99, 97
father's right to prevent, comparative position in US, UK and Australia - 1989, 102/103, 68
foetae, steps in physiological development - 1974, 42, 33
foetus and when it is considered human - 1974, 44, 121
indirect: the act of double effect - 1968, 19, 52
injunction, no right of husband to support an - 1978, 58/59, 68
Irish anti-abortion issues before the European Court of Justice - 1992, 114/115, 126
penal theory in Spain and Germany - 1990, 104/105, 55
principles of Christian morality applied to - 1976, 51, 45
protection of life, recent legal trends - 1971, 33, 121
review of requirements of criminal statutes in civil proceedings - 1978, 58/59, 68
right to life - 1968, 19, 67
therapeutic terminations - 1978, 58/59, 81
viability, prima facie proof of, The Infant Life (Preservation) Act 1929 - 1987, 94/95, 78
Abortion Act 1967
ambiguities in its scope and meaning - 1981, 68/69, 5
conscience clause - 1968, 18, 16
conscience clause and s.4(1) - 1988, 98/99, 82
doctor not forming an honest opinion - 1974, 42, 54
issues debated around its passing - 1968, 18, 4
Lane Committee examination of workings of Act - 1974, 42, 13
liability of doctors - 1968, 18, 16
strict statutory interpretation insufficient - 1982, 72/73, 2
wrongful life, whether duty to abort when foetus has serious abnormalities - 1982, 72/73, 60
Jersey
'distress', the concept of, in abortion law in Jersey (& France) - 1997, 132/133, 4
Poland
European Court rules that denying a lady abortion violated her human right to respect for private life - 2007, 158, 81
State must provide mechanism for determining conditions for obtaining lawful abortion (ECHR) - 2007, 158, 81
Republic of Ireland
X Case, the rights of the mother and the unborn - 1992, 112/113, 10
South Africa
nasciturus rule not available in the case of impending abortion - 1984, 80/81, 71
United States of America
developments in USA (1973-1989) - 1989, 102/103, 6
history of state abortion laws - 1974, 42, 19
mother's constitutional rights paramount - 1978, 58/59, 99
right of privacy - 1985, 84/85, 34
unconstitutionality of Missouri State laws - 1978, 58/59, 99

ADMINISTRATIVE LAW
administrative decisions, non-entitlement to reasons for - 1994, 122/123, 78
administrative rules never having powers exceeding originating legislation - 1985, 84/85, 52
appointment procedures, importance of reasons and openness in - 1997, 134/135, 13
Cambridge University promotions controversy - 1997, 134/135, 13
civil and common law systems compared - 1981, 68/69, 9
development of - 1983, 76/77, 22
immigration, 'all relevant circumstances', Secretary of State obliged to consider - 1987, 92/93, 74
judicial review, principles of, in European codes of law - 1981, 68/69, 9

AGENCY
parental evidence affecting son in affiliation proceedings - 1972, 34, 34
priest acting as agent for Roman Catholic Church - 1979, 60/61, 64
undisclosed principals, parent companies as - 1990, 106/107, 31

CANON LAW
Bishop's Conferences: functions of & relationship to national life - 2002, 149, 92
can the Catholic Church claim to be a National Church? - 2002, 149, 77
canon law as basis of moral obligations to fulfil contracts - 2000, 144, 4
'causa' as legal validation of a pact - 2000, 144, 4
consideration in English law, influence of canon law on - 2000, 144, 4
contractual obligations in secular law, influence of canon law on development of - 2000, 144, 4
foundations for the development of Canon Law in Latin & Greek Churches - 2006, 157, 7
governance of the Church & lack of lay participation - 2004, 153, 128
illegitimacy - 1982, 74/75,
John Paul II: contributions to law and justice (addresses to the Roman Rota) - 2005, 154, 4
mediaeval commercial (canon) law: usury & just price - 1997, 132/133, 9
'pacta sunt servanda': canon law influences on English contract law - 2000, 144, 4
privacy, the right to, in Roman law & canon law - 1998, 136/137, 39
rights & duties of the faithful in Catholic Church - 1997, 134/135, 4
Vatican II, progressions in theology not immediately paralleled in Church's legal structures - 2007, 158, 30
celibacy
origins and history of the Roman Catholic tradition - 1981, 68/69, 29
scope of canons regarding - 1981, 68/69, 35
clergy
discipline of Church in Wales clergy - 1998, 138/139, 127
employment rights of clergy, views of the different Churches on giving these - 2006, 156, 59
heresy: the Balasuriya affair - 1997, 134/135, 4
issues relating to female ordination in Anglican Church - 1996, 130/131, 114
labour relations for religious communities and employees - 1986, 90/91, 68
maintenance of clergy in the Italian Catholic Church - 2005, 155, 137
ministers and malpractice suits - 1985, 84/85, 2
ministers outside the ambit of employment protection legislation - 1984, 80/81, 69
penalties on removal from office - 1971, 31, 43
procedures for removal from office - 1971, 31, 43
removal, transfer and resignation of parish priests - 1971, 31, 38
tenure and privileges of offices - 1971, 31, 43
Code of Canon Law
common law influences for the revision process - 1970, 27, 93
common law systems, underlying spirit of and reform of - 1969, 23, 59
constitutional law, relevance for proposals for a code of - 1972, 36, 86
exhortatory nature of 1983 Code - 1983, 78/79, 91
incidence of justice and equity - 1988, 96/97, 23
influences which should underpin its revision - 1969, 25, 181
marriage, conflicting perspectives in the revision process relating to - 1981, 70/71, 116
philosophical conflicts to revision process, classicists and historicists - 1981, 70/71, 116
'subsidiarity', influence on Canon law & church practice - 2002, 148, 46
theological content of 1983 Code - 1983, 78/79, 91
jurisprudence
authority of case law - 1975, 46/47, 25
binding force of - 1981, 68/69, 35
Canon law : a reflection of theology or scripture? - 1999, 142/143, 106
Canon Law Abstracts - 1972, 34, 2
Canon law as a relational endeavour (a protestant view) - 1999, 142/143, 106
natural law traditions - 1981, 68/69, 35
origins and development of - 1974, 44, 92
privilege and the civil law - 1972, 35, 67
purpose of canon law & basis in a secure ecclesiology - 2000, 145, 52
rule of law, development of - 1971, 30, 18
marriage
annulment, developments of grounds for - 1977, 52/53, 34
canon 1014 - 1968, 21, 146
error as to identity of a party to - Canon 1089 - 1975, 46/47, 25
form, reasons for retention and abandonment of - 1979, 62/63, 85
historical review of form - 1979, 62/63, 85
indissolubility, development of the rules - 1975, 46/47, 7
influence of canon law in Scotland - 1969, 25, 178
marriage in Eastern & Western Canon Law (in the First Millennium) - 2006, 157, 7
mixed, canonical form for - 1979, 62/63, 85
mixed marriage regulations - 1973, 41, 118
Motu Proprio and mixed marriages - 1970, 28, 163
nullity - 1970, 26, 27
nullity: impotence and comparison with civil law - 1980, 66/67, 88
personality disorders and nullity, a review of Rota decisions - 1973, 41, 164
proposed conciliation and arbitration procedures - 1970, 27, 46
sacramental aspects - 1975, 46/47, 12
theological developments and debate - 1975, 46/47, 29
theology of the bond - 1975, 46/47, 12
under 1983 Canon Law Code - 1986, 88/89, 9
Vatican II and marital consent - 1980, 66/67, 77
theology
common good, its meaning and application - 1981, 70/71, 97
Declaration on Religious Freedom - 1981, 70/71, 97
divorce, Spanish perspectives on - 1981, 70/71, 104
divorce and an analysis of New Testament teachings - 1982, 74/75, 84
divorce and returning to the sacraments - 1982, 74/75, 102
indissolubility of marriage and the 1980 Synod of Bishops - 1982, 74/75, 102
'just war', origins and nature of the concept - 1980, 64/65, 10
marriage and theological shortcomings - 1973, 41, 150
tribunals
Canon Law Society of America: report on due process - 1969, 25, 153
Canon Law Society of America: text of Appendices to report - 1970, 27, 46
defects in practice and procedures - 1977, 52/53, 34
defects in their operation and reforms proposed - 1970, 28, 163
jurisdiction, past and present - 1980, 64/65, 2
lay attorneys - 1968, 21, 140
Rota and tribunals - 1975, 46/47, 25
secrecy - 1972, 35, 80

CHARITABLE TRUSTS
autonomy concerns with regard to Inter Vivos religious giving & charitable trusts (affecting land) in Nineteenth Century England - 2006, 157, 17
bequests to solely contemplative orders can't be charitable trusts but can be gifts to individual members (Nineteenth Century England) - 2006, 157, 17
Buckfast Abbey School, legal challenge to the closure of - 1998, 136/137, 58
Catholic issues regarding - 1995, 126/127, 72
charitable purposes, reproduction of educational material for retrieval - 1972, 37, 151
charitable trusts can only be set up for religious orders which are not solely contemplative (Nineteenth Century England) - 2006, 157, 17
charitable trusts for purposes: legal characteristics of, in Nineteenth Century England - 2006, 157, 17
Charities Bill 2005 - 2005, 155, 100
Charity Commissioners can authorise proceedings without consulting trustees - 1998, 136/137, 58
contemplative nuns not allowed charitable status if have no public benefit - 2005, 155, 100
educational charities, supervision by the Charity Commissioners -1973, 40, 78
Equality Act (Sexual Orientation) Regulations, publically funded charities forbidden from discriminating against practising homosexuals - 2007, 159, 114
gifts and trusts: distinction can affect legal enforceability of religious giving (Nineteenth Century England) - 2006, 157, 17
investment duties of trustees of - 1992, 112/113, 68
legal history of - 1995, 126/127, 72
non-theist purposes not religious, whether charitable - 1981, 68/69, 60
power of trustees to make gifts out of bequests -1971, 32, 115
public benefit?, do gifts for religious purposes have - 1997, 132/133, 63
public benefit, new guidance on meaning of - 2007, 159, 136
public benefit, new rules on, in applications for charitable status - 2005, 155, 100
publication and distribution of religious works, whether charitable - 1974, 43, 82
religious disputes: the role of the secular courts - 2008, 160, 13
religious status, whether conferring charitable status per se - 1990, 104/105, 5
religious trusts, approaches to resolving issues involving order and doctrine - 2006, 157, 29
religious trusts, law on resolving disputes about - 2006, 157, 29
Roman Catholic schools, trusts & trustees of - 1994, 120/121, 3

CHILDREN
biological stages to parental caring - 1978, 56/57, 20
case histories of injustices under the Children Act 1989 - 2001, 146, 57
child abuse and parental rights in decision-making - 1991, 108/109, 2
Children Act 1975 - 1978, 56/57, 7
Children Act 1989: current working and analysis of - 2001, 146, 57
children, effects of marriage breakdown on, and divorce reform - 1994, 122/123, 107
children at risk of offending, a plea for joined up help for - 2006, 157, 4
children giving evidence, Criminal Justice Act 1991: provisions for - 1992, 112/113, 4
children's 'rights' out of control - 2001, 146, 57
conjoined twins case: balancing conflicting interests of two children - 2001, 146, 38
conjoined twins case: can they lawfully be separated when one must be killed? - 2001, 146, 38
conjoined twins case: parental wishes overridden - 2001, 147, 89
conjoined twins case: some medical, legal & Catholic concerns - 2002, 148, 65
contraceptives and doctor-patient relationship - 1985, 86/87, 51
court's jurisdiction over refusal of treatment by a minor aged over 16 - 1994, 120/121, 55
decision of 15 year old to refuse heart transplant overruled - 1999, 140/141, 22
Do Not Resuscitate orders & newborn babies - 2004, 153, 152
effects of family breakdown on children - 2001, 146, 57
effects of relationship breakdown on the children - 1996, 128/129, 18
exclusion of pupils from school, is the system fair? - 1995, 124/125, 3
gambling & children: government proposals - 2002, 148, 38
parental duty of care owed to - 1974, 42, 42
patient autonomy & 'Gillick competent' children - 1999, 140/141, 22
Special Educational Needs: statements, LEA obligations & parental rights - 1995, 124/125, 58
transplant for their child?, can parents refuse a - 1997, 134/135, 52
adoption
consent to, difficulty of withdrawing - 1972, 36, 114
Equality Act (Sexual Orientation) Regulations, homosexuality as an identity & legal right (regarding adoption) - 2007, 159, 114
Jehovah's Witnesses, allowed to adopt - 1996, 128/129, 53
late adopted children, risk of criminality
- 2006, 157, 4
parental consent - 1973, 40, 103; 1973, 40, 114; 1978, 56/57, 13
provisions under Children Act 1975 - 1978, 56/57, 7
religious upbringing - 1973, 40, 103
age
at which criminally responsible - 1990, 106/107, 14
of majority under the Family Law Reform Act 1969 - 1970, 26, 20
underage sexual intercourse & marriage, English & Turkish law on - 1996, 128/129, 41
care and custody
care orders - 1978, 56/57, 13
custodianship orders under Children Act 1975 - 1978, 56/57, 7
judicial promise not to reveal contents of interview - 1976, 50, 32
religious upbringing, how persuasive in custody decisions - 1969, 23, 88
religious upbringing, relevance in proceedings - 1990, 104/105, 5
rights of non-parents -1986, 88/89, 40
social services removing children unjustly - 2001, 146, 57
under 1969 Children and Young Persons Act - 1969, 24, 120
illegitimacy
affiliation - 1978, 56/57, 40
Convention on the Legal Status of Children Born Out of Wedlock - 1978, 56/57, 40
parental rights and authority -1978, 56/57, 40
parental rights of mother only vested in local authority - 1976, 50, 33
removal of legal effects of term, Family Law Reform Act 1987 - 1989, 100/101, 20
wardship
order for sterilisation of ward - 1987, 94/95, 78
sterilisation - 1976, 51, 78
sterilisation, welfare of the ward paramount - 1987, 94/95, 123
unborn child, wardship not available for an - 1990, 104/105, 83
Scotland
age of consent and parental approval - 1969, 25, 178
United States of America
capital punishment of juveniles - 2006, 156, 24

COMMON LAW
adaptability and limitations - 1983, 76/77, 22
Bland's case marking departure from - 1993, 116/117, 4
blasphemy as a common law crime - 2000, 145, 6
consideration in English law, influence of canon law on - 2000, 144, 4
contracts must be made under the law of a country, not under sharia - 2008, 160, 67
English law (1944) of trespass, defamation & protection of property - 2003, 150, 10
inherent principles of non-discrimination - 1970, 28, 109
legal systems that hold all men equal compared to police states/Nazi regime - 2003, 150, 10
no general doctrine of Good Faith in English contract law - 2000, 144, 4
'pacta sunt servanda': canon law influences on English contract law - 2000, 144, 4
third world, influences on the - 1990, 104/105, 20
underlying spirit of systems - 1969, 23, 59
what is it? - 2001, 147, 79

COMPANIES
agency-only companies - 1990, 106/107, 31
co-determination in management structures - 1970, 27, 62
ethics, a code for businessmen - 1973, 38, 12
ethics and social responsibility for small business enterprise - 1992, 114/115, 130
German corporate structures and practice - 1970, 27, 62
'Seven Men Form an Association' - W.S. Gilbert on the 1862 Companies Act - 1967, 16, 55
veil of incorporation, lifting the - 1990, 106/107, 31

COMPARATIVE LAW
capital punishment: different US and UK approaches to legal process - 2006, 156, 24
capital punishment, US and EU attitudes to and morality of - 2006, 156, 3
civil and common law systems of administrative law - 1981, 68/69, 9
claims for pre-natal injury in US, UK and Australia - 1989, 102/103, 68
Constitutions & federalism, comparison of, in US and EU - 2005, 155, 87
'distress', the concept of, in abortion law in Jersey & France - 1997, 132/133, 4
essential services in Australia and United States of America - 1990, 106/107, 48
German and Anglo-American corporate structures and practice - 1970, 27, 62
human cloning law in Europe, UK & the USA - 1999, 140/141, 26
indirect discrimination: employment cases in English, Australian & European law - 1995, 126/127, 83
marriage in Eastern & Western Canon Law (in the First Millennium) - 2006, 157, 7
'persecution', the meaning of (in asylum cases), in different countries - 1998, 138/139, 80
underage sexual intercourse & marriage, English & Turkish law on - 1996, 128/129, 41
what would the Scholastics say about business today? - 1997, 132/133, 9

CONFLICT OF LAWS
challenges of the Human Rights Act 1998 - 2001, 146, 5
colonial expansion causing legal systems to be merged - 1993, 118/119, 84
contracts must be made under the law of a country, not under sharia - 2008, 160, 67
foreign divorce granted by 'incompetent' court not recognised - 1972, 34, 36
indirect discrimination cases: English & European law in conflict - 1995, 126/127, 83
marriage, nullity of - 1972, 34, 21
marriage formalities in Tanzania -1970, 26, 3
nullity proceedings and relevant system of laws - 1972, 37, 123
recognition of annulment under Maltese Law - 1970, 29, 211
third world, common law versus customary law - 1990, 104/105, 20
'parallel' law and trends in polygamous marriages - 1968, 18, 33
sharia law, arbitration can be decided in accordance with - 2008, 160, 67
Poland
ruling of European Court that denying abortion could contradict human rights, didn't respect Poland's domestic law - 2007, 158, 81

CONSTITUTIONAL LAW
balance of powers in common law systems - 1969, 23, 59
checks to the powers of the state eg judicial review - 2000, 144, 33
church-state relations past, present and prospective - 1971, 30, 6
'Defender of the Faith' - legal basis of the title - 2006, 156, 71
Equality Act (Sexual Orientation) Regulations, not produced as primary legislation therefore no amendments (departure from religious tolerance) - 2007, 158, 64
fundamental constitutional rights & parliamentary powers - 2001, 146, 5
House of Lords, reform of the, and establishment of the Church - 2007, 159, 136
Human Rights Act 1998: altering the constitutional balance of the separation of powers - 2000, 144, 33
Human Rights Act 1998: how it gives legal effect to the European Convention - 2001, 146, 5
immigration appeal rejected since defining threats to national security are executive decisions, not judicial ones - 2003, 150, 79
individual, whether there is a right to sue on behalf of the public - 1979, 60/61, 59
judicial power to impeach statutes - 1974, 45, 170
legislation ensuring Protestant succession to the Crown - 1988, 96/97, 5
Magna Carta, use of, to protect people from the King's excesses - 2001, 146, 5
Magna Carta 1215: influence on UK law - 2001, 146, 5
National Churches, establishment of & state involvement with - 2002, 149, 77
parliamentary sovereignty, examination of its different meanings - 1973, 39, 37
parliamentary sovereignty and human rights - 1969, 23, 53
religion in the Constitutions of different countries - 2004, 152, 3
rule of law, examination of the meaning of - 1973, 39, 37
rule of law and Parliamentary sovereignty - 1977, 54/55, 82
separation of powers: categories & overlapping ideas to describe - 2004, 153, 128
separation of powers in the UK - 2000, 144, 33
treaties, enforceability in domestic courts - 1975, 48/49, 97; 1975, 48/49, 99
written Constitutions: a warning of Judicial politicisation - 2006, 156, 67
bill of rights
Canadian model, principles of and difficulties inherent in - 1977, 54/55, 82
judicial politicisation and the American experience - 1983, 78/79, 87
religious freedoms, scope and protection of - 1979, 60/61, 8
solutions to problems regarding a revised - 1975, 48/49, 77
support, and need for, a - 1985, 86/87, 4
Lord Chancellor
Declaration against Transubstantiation - 1970, 29, 181
full text of 1974 Act reproduced - 1974, 44, 120
Halsbury's Laws of England, competence of Roman Catholic to hold office - 1974, 43, 58
Jews and Catholics, their right to hold office - 1972, 35, 42
legislation passed to remove religious obstacles to holding office - 1974, 44, 88
Lord Chancellor can be Catholic, confirmation that - 2002, 149, 72
Roman Catholics, disqualifications to holding office - 1970, 29, 178
passports
executive control of - 1976, 51, 42
limitations on the right to possess one - 1974, 45, 126
African states
absolute powers of legislatures - 1982, 72/73, 31
Australia
Anglican Church constitutionally cannot be a national church - 1993, 118/119, 128
Mabo land case, aboriginal land rights, departure from precedent - 1993, 118/119, 84
Canada
Bill of Rights taking precedence over earlier legislation - 1971, 31, 67
legislation invalid if all not treated equally - 1971, 31, 67
Europe
Christian tradition, debate over whether the European Constitution should refer to - 2004, 152, 3
Constitution (proposed EU), jurisdiction & powers of - 2005, 155, 87
creating a 'draft treaty establishing a Constitution for Europe' - 2004, 152, 3
enforcement of European Community rights - 1977, 54/55, 130
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights, application in UK courts -1987, 92/93, 59
European Convention on Human Rights, impartial judicial forum to enforce rights - 2001, 146, 5
European Convention on Human Rights, incorporation into domestic law - 1977, 54/55, 82
European Convention on Human Rights, problems with inclusion in a - 1980, 64/65, 5
federalism in the EU & the US Constitution - 2005, 155, 87
Human Rights Act 1998: how it gives legal effect to the European Convention - 2001, 146, 5
France
general legal framework relating to religion - 2004, 152, 27
Greece
Church/State legal relations - 2004, 152, 27
Ireland
Church of Ireland, development of & its relationship to the state - 2002, 149, 118
Good Friday Agreement: background of the Irish struggle - 2001, 146, 67
Italy
religious freedom and State/religious body agreements - 2004, 152, 44
Malta
freedom of speech and publication of spiritually dangerous information - 1968, 19, 80
Mauritius
deprivation of constitutionally protected property rights - 1985, 86/87, 50
Norway
Church/State relations - 2004, 153, 159
Republic of Ireland
constitution, Catholic doctrine and the Declaration on Religious Freedom - 1981, 70/71, 71
contraceptives, procurement of, not prohibited by Constitution - 1974, 45, 172
foetus, constitutional right to life of a - 1992, 112/113, 10
growth of constitutional jurisprudence - 1983, 78/79, 78
judicial review of legislation - 1977, 54/55, 94
marital privacy and judicial review - 1985, 84/85, 18
natural law foundations of the constitution - 1977, 54/55, 94
right to life referendum for amendment of constitution - 1984, 80/81, 2
Scotland
Church of Scotland, nature of establishment in the - 2002, 149, 125
Spain
legislation referring to ministers of religion in Spain - 2004, 153, 100
religious freedom: constitutional recognition not always translated into practice - 2008, 160, 25
United States of America
abortion statutes - 1974, 42, 19
capital punishment: interpreting the US Constitution - 2006, 156, 24
Christian education & worship in American state schools, illegality of - 2000, 144, 41
compelling state interest, concept and application of standards - 1985, 84/85, 34
Constituation of the USA, is it a living document? - 2006, 156, 3
due process and the framing of the Fourteenth Amendment - 1987, 92/93, 42
failure of the founding fathers, pluralism and Publius' statecraft - 1987, 92/93, 7
federalism, nature and history of - 2005, 155, 87
fourteenth amendment and the meaning of equality before the law - 1991, 110/111, 70
impeachment - 1973, 39, 54
individual liberties and erosion of the constitution - 1974, 45, 154
individual rights and the social contract theory - 1978, 58/59, 99
influence of the Magna Carta on US law - 2001, 146, 4
injunctive powers of federal judiciary, examples of the - 1991, 108/109, 4
interpretation of the Constitution and authors' intentions - 1987, 92/93, 2
judicial interpretation and historical evidentiary sources - 1987, 92/93, 27
judicial usurpation of legislative powers - 1983, 78/79, 87
'pacta sunt servanda': canon law influences on English contract law - 2000, 144, 4
philosophical foundations of the Constitution - 1974, 45, 154
politicisation of the judiciary - 2000, 144, 33
positive discrimination and the fourteenth amendment - 1991, 110/111, 70
right to privacy: origins, nature and scope of the concept - 1985, 84/85, 34
right to privacy: relevance of religious belief - 1976, 51, 68
right to privacy: removal of life support equipment - 1976, 51, 68
states, demise of their influence on federal law and policy - 1987, 92/93, 27
Supreme Court: basis, nature and extent of powers of judicial review - 1987, 92/93, 42
Supreme Court: limitations of powers - 1974, 44, 121
Wales
Church in Wales, disestablishment of the - 2002, 149, 134

COURTS AND TRIBUNALS
Catholic Ecclesiastical tribunals, jurisdiction past and present - 1980, 64/65, 2
Catholic teacher employment disputes: tribunals & court cases - 1995, 124/125, 40
Constitutional Court: dangers of a - 2006, 156, 67
Court of Chancery, historical operation of - 2003, 150, 10
courts making a substantial contribution to the euthanasia debate - 1999, 140/141, 16
courts martial: are Royal Navy & RAF tribunals independent & impartial? - 2004, 153, 184
Crown Court, establishment of - 1972, 35, 42
Ecclesiastical courts: hierarchy & functions of - 2004, 153, 128
employment of ministers of religion, jurisdiction of civil courts & Church tribunals - 2006, 156, 59
European Court of Human Rights as impartial judicial forum - 2001, 146, 5
European Court of Human Rights: cases on religious freedom - 2007, 158, 77/78/80/81
family courts, text of Law Commission Working Party circular - 1973, 39, 72
Family Division, jurisdiction of - 1971, 33, 118
financial provision orders in domestic proceedings - 1979, 60/61, 2
High Court divisions, restructuring of - 1971, 33, 118
House of Lords, a Bishop's vignette - 1996, 130/131, 63
International Court of Justice: advisory opinions on legality of nuclear weapons - 1997, 132/133, 65
International Court of Justice: judgement on legality of nuclear weapons - 2003, 151, 96
International Court of Justice: settling international conflict between states - 1997, 132/133, 39
Jews, whether bound to bring disputes before rabbis and not civil courts - 1982, 72/73, 64
judicial independence and upholding human rights in African States - 1982, 72/73, 31
judicial power in the EU: 3 tiers of courts - 2005, 155, 87
jurisdiction of common law, chancery & ecclesiastical courts, 12-15th century - 2000, 144, 4
magistrates courts and matrimonial proceedings - 1973, 41, 118
Privy Council - 1969, 25, 170
Provincial Court of the Church in Wales: jurisdiction of & standard of proof - 1998, 138/139, 127
religious disputes: the role of the secular courts - 2008, 160, 13
secrecy, principles of "in camera" proceedings - 1972, 35, 80
trial chamber of the International Tribunal: first case - 1997, 134/135, 54
tribunals and loss of historic Christian perspectives - 1979, 62/63, 73
witness oaths, should they be abolished? -1991, 108/109, 28
United States of America
cameras in the court room, arguments for and against - 1994, 122/123, 111
capital punishment: procedures & deficiencies of the Appellate Courts - 2006, 156, 24

capital punishment: Supreme Court deliberations on - 2006, 156, 24

Supreme Court: basis, nature and extent of powers of judicial review - 1987, 92/93, 42
Supreme Court: limitations of powers - 1974, 44, 121
Yugoslavia (Former)
International Criminal Tribunal on the Former Yugoslavia - 2003, 151, 96

CRIME
children at risk of offending, a plea for joined up help for - 2006, 157, 4
Hindley, Myra: the appropriate tariff for her crimes - 2000, 144, 67
international criminal activity: its existence & some solutions - 1996, 130/131, 100
is the Mafia a myth? - 1996, 130/131, 100
organised crime and its causes compared with USA - 1979, 60/61, 32
pornography & possible links to sexual offences (refutation of Kutchinsky) - 1995, 126/127, 91
unilateral conditions imposed on job applicants and the Theft Act - 1991, 108/109, 31
unilateral contractual conditions enforced by the criminal law - 1991, 110/111, 97
United States of America
growth of professionalism and organisation of - 1979, 60/61, 32

CRIMINAL LAW
children giving evidence, provisions for in Criminal Justice Act 1991 - 1992, 112/113, 4
civil liberty panel's recommendations on criminal justice (1993) - 1993, 118/119, 126
confessional and relations of confidence - 1977, 54/55, 103
conjoined twins case: can they lawfully be separated when one must be killed? - 2001, 146, 38
conjoined twins case: the defence of necessity - 2001, 147, 89
consent by the victim as a defence for violence - 1994, 120/121, 41
Criminal Justice Act 1991, background to & analysis of - 1992, 114/115, 95
criminal justice system, a personal view of the - 2006, 157, 4
defence of property, development of law concerning - 2001, 147, 122
Devlin Committee recommendations on use of identification evidence - 1997, 134/135, 42
doli incapax, rebuttable presumption - 1990, 106/107, 14
duress not a defence to road traffic violations - 1988, 96/97, 53
European Convention on Human Rights, major defects in observance within EU - 2001, 147, 114
European Court of Human Rights: criminal cases insisting on fair procedure - 2001, 146, 5
extradition proceedings against Pinochet - 1999, 142/143, 87
foetus, whether threat to kill a threat to a 'third' person - 1989, 102/103, 82
foetus subjected to violence, legal status of - 1998, 136/137, 68
God's command not a lawful excuse for criminal damage - 1993, 116/117, 56
Hindley, Myra: the appropriate tariff for her crimes - 2000, 144, 67
householders confronting burglars, importance of legal clarity - 2001, 147, 122
identification evidence, major shortcomings of - 1997, 134/135, 42
insanity - 1990, 106/107, 63
justice: retribution or reconciliation (in Christian thought) - 2005, 155, 103
Louise Woodward: prejudicial assumptions made before court case - 1997, 134/135, 51
miscarriages of justice, cases in Europe - 2001, 147, 114
rape, between husband and wife - 1991, 108/109, 2
retroactive effects of legislation - 1975, 48/49, 99
role of, in control of private consensual behaviour - 1994, 120/121, 41
sentencing, a new framework for, in the Criminal Justice Act 1991 - 1992, 112/113, 4
sentencing, compulsion as a mitigating factor in - 1982, 72/73, 10
sentencing, what are 'just deserts' in - 1992, 114/115, 95
sovereign immunity, the limits of - Pinochet case - 1999, 142/143, 87
spousal witnesses, whether compellable - 1978, 58/59, 131
theory behind English criminal law & presumption of good character - 2003, 150, 10
Tony Martin - Biblical reflections on whether his actions were justified - 2001, 147, 122
'unfairness', allegations of, used to try to stop a prosecution - 1994, 120/121, 51
unlawful arrest & extradition: effect on any court case - 1994, 120/121, 47
worship, Law Commission review relating to places of - 1981, 70/71, 109
blasphemy
blasphemy: a public order offence or offence against God/religion - 2003, 150, 37
blasphemy law only protects Christian religion - 2000, 145, 6
can blasphemy law be justified? - 2000, 145, 6
Declaration on Religious Freedom - 1981, 70/71, 109
Gay News case - 1979, 60/61, 8
influence of religion on development of law on - 1990, 104/105, 5
intent, whether a necessary ingredient - 1979, 60/61, 20
Law Commission review of - 1981, 70/71, 109
law on religious hatred - is it a good idea? - 2003, 150, 37
protection of religious truth, role of offence - 1989, 102/103, 2
Rushdie affair - 1989, 102/103, 2
conspiracy
corruption of public morals - 1975, 48/49, 82
effecting a public mischief - 1975, 48/49, 94
to defraud -1975, 48/49, 94
juries
jury equity - 1992, 112/113, 2
practice direction, grounds for being excused - 1973, 38, 2
selection and challenges - 1972, 35, 42
murder
analysis of current law - 2006, 156, 48
compulsion as a defence - 1982, 72/73, 10
death, criteria determining when a person is considered dead - 1976, 50, 10
duress - 1982, 74/75, 138
duress, coercion and entrapment - Law Commission reform proposals - 1979, 62/63, 80
duress, no defence to a principal of the first degree - 1978, 58/59, 126
duress, whether defence available to a principal in the second degree - 1975, 48/49, 86
mens rea and the Criminal Justice Act -1974, 43, 79
mercy killing: possible changes to the law of murder - 2006, 156, 48
self-defence, not available for honest but unreasonable belief of facts - 1988, 98/99, 100
unlawful act leading to death by shock - 1990, 104/105, 47
necessity
extent of defence - 1973, 38, 5
proposals for general principles for the defence - 1989, 102/103, 2
road traffic offences, whether defence available - 1989, 102/103, 85
obscenity
definitions of - 1970, 27, 88
growth of sex-shop trade and licensing practices - 1988, 96/97, 41
indecent displays, control of - 1982, 72/73, 24
rationales for the offence, changing nature - 1980, 66/67, 64
Roth Rule, the -1970, 27, 88
the "Oz" case - 1972, 35, 79
Williams Committee report and rationale for an offence of - 1980, 66/67, 64
penology
capital crimes in England & the Old Testament's influence - 2001, 147, 140
capital punishment, morality of - 2006, 156, 3

capital punishment, philosophical basis for - 1974, 45, 154
capital punishment and lex talionis - 1984, 80/81, 25
crime, guilt & punishment in the Old Testament - 2001, 147, 140
death penalty and a theory of punishment - 2006, 156, 37
penology, Christian theories of, through history - 2005, 155, 103
positivist - 1984, 80/81, 7
should Christians seek to replace retribution with reconciliation? - 2005, 155, 103
South African attempts at reconciliation, not vengence, after apartheid - 2005, 155, 103
Spanish and German theory and abortion - 1990, 104/105, 55
theories of punishment through history: classical, philosophical and Christian thought - 2005, 155, 103
whole life tariffs (Hindley case), Lordships defend - 2000, 144, 67
silence
not amounting to acknowledgement of truth of allegation - 1971, 33, 147
the right to, and anomalies in taxation statutes -1974, 45, 174
suicide
assisted suicide: Bland, Dianne Pretty & Re:B (consent to treatment) - 2003, 150, 51
assisted suicide, Christian theology & the law - 2003, 150, 51
at common law and changes introduced by Suicide Act 1961 - 1981, 68/69, 2
Catholic Church, its teaching on - 1968, 19, 52
proof beyond reasonable doubt required for coroner's verdict - 1971, 30, 33
self-sacrifice for a greater cause than life - 1968, 19, 52
suicide & euthanasia, the Catholic position on - 2003, 150, 51
Sundays
Lord's Day Observance Act 1677, repeal of - 1972, 34, 2
Shops Act 1950, aims and scope of the section 47 prohibition - 1991, 110/111, 44
Shops Act 1950 and trading provisions - 1989, 100/101, 72
trading and Article 30 of Treaty of Rome - 1989, 100/101, 72
Scotland
'nobile officium', use of, to fill lacunae - 2008, 160, 13
United States of America
brain-death, cases and statutes - 1986, 90/91, 84
cameras in court affecting the fair outcome of criminal trials - 1994, 122/123, 111
capital punishment in the USA - 2006, 156, 24
criminal penalties, American theory behind - 1992, 114/115, 95
death, new judicial and statutory definitions - 1986, 90/91, 89
executive clemency, modern and biblical - 1992, 114/115, 109
obscenity; definitions of, and the Roth Rule - 1970, 27, 88
Sawyer brothers case (1973)- incorrect ID causes miscarriage of justice - 1997, 134/135, 42
Vanzetti / Sacco case (1921) - problems with ID evidence - 1997, 134/135, 42

DAMAGES
categorisation (wrong) of mental patients on admission to hospital - 1999, 140/141, 79
compensation for personal injuries - 1983, 76/77, 22
duress no defence to injuction instead of damages - 1980, 66/67, 107
English law (1944) of trespass, defamation & protection of property - 2003, 150, 10
ex turpi causa non oritur actio - 1971, 33, 146
interest not compensation - 1971, 30, 31
loss of life, arising from - 1968, 19, 67
mitigation of loss and taking unconscionable steps - 1985, 86/87, 23
sale of land, failure to complete - 1973, 41, 181
sterilisation - unsuccessful operation - award not precluded - 1983, 78/79, 111
thalidomide settlement - 1969, 24, 100
wrongful birth
damages available under contract - 1984, 80/81, 72
economic loss resulting from an unwanted child - 1978, 58/59, 110
heads of damage not available by reason of public policy -1984, 80/81, 72

DIVORCE
changing attitudes to marriage and divorce - 1996, 128/129, 35
children, effects of marriage breakdown on, and divorce reform - 1994, 122/123, 107
Church of England's Archbishops' Group proposals for law reform - 1967, 14/15, 6
divorce law reform, a Bishop's view from the House of Lords - 1996, 130/131, 63
divorce law reform: brief survey - pre 1969 to post 1996 - 2000, 145, 57
draft Divorce Reform Bill 2001 - 2001, 147, 132
G. K. Chesterton on divorce proposals and the meaning of marriage - 1967, 14/15, 2
effects of family breakdown on children - 2001, 146, 57
effects of relationship breakdown on the children - 1996, 128/129, 18
family law, looking back over 40 years of - 2003, 150, 8
Family Law Act 1996: its failure & what should be salvaged - 2001, 147, 132
Family Law Bill 1996: encouraging reconciliation in divorce process - 1996, 128/129, 35
feminism driving the increasing divorce rate - 1993, 116/117, 36
in the Middle Ages - 1975, 46/47, 7
Law Commission objectives in formulating divorce law reform - 1967, 14/15, 6
legislative milestones and changing attitudes to - 1993, 118/119, 111
modern trends in, - 1971, 33, 121
privilege of communication between spouse and priest - 1971, 32, 116
proposals to make reconciliation easier during divorce process - 1996, 128/129, 3
reform proposals of the Law Commission - 1991, 110/111, 55
religious beliefs, no right to impose on grant of a divorce - 1971, 31, 65
scale of the problem in Europe - 1993, 116/117, 36
'Wachtel doctrine' and financial relief - 1973, 41, 123
conflict
foreign annulment amounting to desertion - 1970, 29, 211
foreign divorce granted by 'incompetent' court not recognised - 1972, 34, 36
Divorce Reform Bill
history of reform to divorce law - 1968, 20, 101
illegitimacy, issues of - 1968, 20, 101
issues, discussion of - 1968, 20, 86
provisions, discussion of - 1968, 20, 101
grounds
adultery committed after separation, decree and relief granted - 1975, 46/47, 40
examination of decided cases under Divorce Law Reform Act - 1973, 41, 123
general grounds for, bars to, and reconciliation under the Divorce Law Reform Act - 1970, 29, 198
hardship: degraded social status forming valid defence - 1973, 41, 183
hardship: examination of decided cases - 1973, 41, 123
hardship: suffering caused by breakdown not a defence - 1973, 41, 183
importance of examining 'conduct' in divorce proceedings - 2001, 147, 132
'no fault' divorce, reasons for proposing - 1996, 128/129, 3
theology
dissolution of marriage - 1968, 20, 96
influence on the development of the law - 1990, 104/105, 5
New Testament - 1982, 74/75, 84
scripture & early Judaism, divorce in - 1996, 128/129, 3
reconciliation
Law Commission proposals - 1977, 52/53, 2
Practice Direction - 1973, 41, 123
Italy
cessation of civil effects of marriage - 1972, 36, 93
referendum to repeal divorce law - 1975, 46/47, 23
Republic of Ireland
Article 41 of the Constitution - 1968, 21, 155
domestic law and the European Convention on Human Rights - 1985, 84/85, 14
enforcement of foreign financial orders - 1974, 43, 61
recognition of foreign decrees - 1974, 43, 61
Scotland
grounds for - 1977, 52/53, 52
Spain
theological and secular perspectives - 1981, 70/71, 104

ECCLESIASTICAL LAW
Anglicanism and the idea of a national church - 2002, 149, 111
autonomy concerns with regard to Inter Vivos religious giving & charitable trusts (affecting land) in Nineteenth Century England - 2006, 157, 17
Baptist concerns over having an established church - 2002, 149, 145
Bishops & priests unequal before church courts: problems in clergy discipline - 2000, 145, 21
blasphemy law reflects special character of the established church - 2000, 145, 6
blasphemy laws that protect the Church of England, argument in favour of - 2003, 150, 37
Canon law : a reflection of theology or scripture? - 1999, 142/143, 106
Canon law as a relational endeavour (a protestant view) - 1999, 142/143, 106
Canons of 1603, foundation for clergy conduct legislation - 1996, 130/131, 66
Christian worship in schools, legal requirements & debate on - 1995, 124/125, 31
Church Commissioners, ban on blood sports - 1990, 106/107, 3
Church Commissioners, morality of investment policies - 1990, 106/107, 3
Church Governance: analysis of the separation of powers - 2004, 153, 128
Church Governance: description of - 2004, 153, 128
Church of England: brief history of Church/State relationship - 2004, 153, 159
civil lawyer's role in church courts - 1967, 16, 72
clergy & laity, different treatment of in Ecclesiastical law - 1996, 130/131, 66
clergy conduct, what should be subject to legal censure? - 1996, 130/131, 66
clergy discipline procedures, conflict of roles of Bishop in - 2000, 145, 21
Draft Clergy Discipline Measure 2000 - fair trial of clergy? - 2000, 145, 21
Ecclesiastical courts: hierarchy & functions of - 2004, 153, 128
education since 1811, role of the Anglican Church in - 1995, 124/125, 17
employee status for ministers of religion, sometimes they have this and can claim unfair dismissal etc - 2007, 158, 83
employment rights of clergy, views of the different Churches on giving these - 2006, 156, 59
enforcing chancel repair liability - incompatible with human rights? - 2003, 151, 163
establishment of the Church and Reform of the House of Lords - 2007, 159, 136
Establishment: views on, by religious leaders & sociologists - 2004, 152, 8
homosexuals: case of unlawful discrimination when applying for church post - 2007, 159, 153; 2008, 160, 67
legislative obstacles to unification of Christian churches - 1988, 96/97, 5
ministers of religion, employment status of - 1997, 132/133, 22
ministers of religion, no general principle that have employment rights as employees but can't assume no legal relations - 2007, 159, 129
ministers of religion, workers rights available to, but employee rights depend on denomination - 2007, 159, 129
National Church as a canonical concept - 2002, 149, 77
National Church as a civil law concept - 2002, 149, 77
National Church, European Conferences exploring the concept of - 2002, 149, 70
National Churches: the Church of England, Church of Scotland & Church in Wales as - 2002, 149, 77
ordination of women: questions about legal authority in Anglican Church - 1996, 130/131, 114
parish councils, not bound by wishes of minister - 1970, 27, 102
parish law in the Church of England - 1968, 18, 8
parliamentary legislation, can Anglican Church amend - 1996, 130/131, 114
Parochial Church Councils: non-governmental status of (C.of E.) - 2003, 151, 163
recognition of Anglican Church in Israel - 1970, 26, 3
'rectorial land', history of the rights & duties associated with - 2003, 151, 163
redundant churches - 1969, 23, 48
religious disputes: the role of the secular courts - 2008, 160, 13
religious trusts, approaches to resolving issues involving order and doctrine - 2006, 157, 29
religious trusts, law on resolving disputes about - 2006, 157, 29
rights of access to Church rites & property - 2002, 149, 77
Sex Discrimination Law - brief summary of changes affecting ministers & religious employers - 2005, 155, 145

unacceptable clergy conduct, attempts in legislation to define - 1996, 130/131, 66
who employs a minister of religion - God or Church? - 1997, 132/133, 22
Wilberforce, Sharp & other Christians who changed attitudes to slavery & the law - 2007, 158, 4
Australian Church & State
Anglican Church constitutionally cannot be a national church - 1993, 118/119, 128
Anglican Church in Australia, nature and legal standing of - 1993, 118/119, 128
judicial intervention in female ordination dispute - 1992, 112/113, 51
Moldova
State can't legally refuse to register a religious denomination - 2007, 158, 80
Norway
Church of Norway: brief history of Church/State relationship - 2004, 153, 159
Church/State relations - 2004, 153, 159
parallels between the Church of Norway & the Church of England - 2004, 153, 157
Republic of Ireland
clergy: no legal employment status - 2005, 155, 144
Scotland

ecumenism and the stumbling block of episcopacy - 2004, 153, 128
Reformed Church of Scotland: Church governance, description of - 2004, 153, 128
Reformed Church of Scotland: complex analysis of separation of powers in - 2004, 153, 128
Scottish Ecclesiastical tribunals & the Human Rights Act - 2004, 153, 128
Spain
comparison of teaching of religion in Spanish & UK state schools (should this be denominational?) - 2007, 158, 54
Ukraine
canonical allegiance: state should allow parish statute changes - 2007, 159, 160
Wales
Church in Wales, disestablishment of the - 2002, 149, 134
Church in Wales, nature of, and clergy discipline - 1998, 138/139, 127
Provincial Court of the Church in Wales: jurisdiction of & standard of proof - 1998, 138/139, 127

EDMUND PLOWDEN TRUST
charity established March 1969 - 1969, 22, 2
Plowden, Edmund: a biography - 1998, 136/137, 19
Quis Custodiet? to change name to Law & Justice - 1973, 41, 118
time travel - discovered by contributors to Quis Custodiet? - 1973, 39, 56
unborn child, proposed research programme into law concerning - 1990, 104/105, 2
Law & Justice
antecedents to its publication - 1976, 50, 2
articles, range of contained in journal - 1997, 132/133, 2
Cranmer, Frank: appointed case book editor & provider of annual legislative development section - 2007, 158, 3
development of 'law & justice' - 2002, 149, 72
double numbering system, abandoning the - 2000, 144, 2
Duddington, John G.: appointment as editor - 1991, 110/111, 42
editorial board, composition of - 1975, 48/49, 44
editorial policy - 1974, 42, 2; 1984, 80/81, 2
index, first full index printed (1967-1991) - 1992, 114/115, 151
issue 150: messages of appreciation - 2003, 150, 5
microfiche, journal now available on - 1992, 114/115, 150
Newman Legal Studies Group - 1969, 24, 100
Ombres, Robert: appointment as Case Book Editor - 1971, 29, 2
online index launched - 2005, 154, 2
origin & development of the journal - 2003, 150, 3
Penty, Michael - founder of journal - life of - 2002, 149, 72
Penty, Michael: retirement as Editor - 1985, 84/85, 2
philosophical basis of the journal - 1974, 45, 126
printed numbers replacing duplicated form - 1967, 14/15, 2
Regan SJ, Richard: appointment as Editor - 1985, 84/85, 2
review of first 50 numbers by first editor - 1976, 50, 6
role of the publication -1976, 50, 2
strengths of the journal - 2003, 150, 7
Welstead, Dr. Mary: appointment as Editor - 1989, 102/103, 2
O'Sullivan Memorial Lectures
first, 'Loss or Gain: Some Modern Trends in English Law. Degeneration?'- 1971, 33, 121
second -'The Law of Nature and the Law of Nations' - 1975, 48/49, 48
third: 'A British Bill of Rights?' - 1977, 54/55, 82
fourth: 'The Social Challenge to the Common Law'- 1983, 76/77, 22
fifth, 'Judges & Public Policy in the Light of Gillick' - 1987, 94/95, 81
sixth: 'The Common Law and the Third World'- 1990, 104/105, 20
seventh: 'The Length of the Chancellor's Foot' - 1991, 108/109, 4
eighth: 'Thomas More: A Saint for the New Millennium' - 2001, 147, 79
ninth: 'Federalism in the Proposed EU and in the US Constitutions' - 2005, 155, 87

EDUCATION
admission criteria, Jewish, religion or race based? - 2008, 160, 69
admission criteria, need to be clear, objective & fair on how to demonstrate religiousness - 2008, 160, 70; 2008, 161, 156 & 157
Anglican Church schools, overview of educational legislation since 1811 - 1995, 124/125, 17
Buckfast Abbey School, legal challenge to the closure of - 1998, 136/137, 58
certificates of approval for Catholic teachers in Scotland - 1995, 124/125, 40
chastity ring, wearing of at school not a human right - 2007, 159, 150
Christian education & worship in state schools: comparison with USA - 2000, 144, 41
Christian worship in schools, legal requirements & debate on - 1995, 124/125, 31
communication gap between academic and practising lawyers - 1983, 78/79, 56
Education Reform Act 1988 - 1990, 104/105, 39
employment conditions & expectations of Catholic teachers: principles/practice - 1995, 124/125, 40
E.U. employment law: possible effects on church schools - 2002, 148, 4
exclusion of pupils from school, is the system fair? - 1995, 124/125, 3
human & civic rights education (in context of Africa) - 1997, 132/133, 49
human rights, importance of academic lawyers to their development - 1968, 20, 89
International Commission of Jurists' proposals for teaching human rights law - 1969, 24, 140
jurisprudence in legal education, lack of - 1992, 114/115, 94
legal education & practice in sixteenth century England - 1998, 136/137, 19
legal training, lack of ethical values in - 1998, 138/139, 116
ministerial discretion and comprehensive schools - 1977, 54/55, 125
ministerial duties in considering applications for grant-maintained status -1991, 108/109, 18
mixed marriages, education of children - 1967, 16, 84
muslim dress: niqab wearing ban at school is licit, there are other ways to manifest religion - 2007, 158, 72
muslim dress: school can ban niqab for staff since hampers communication - 2007, 158, 74
muslim dress: wearing of jilbab at school not a human right - 2007, 158, 71
'opting out', the political debate - 1991, 108/109, 18
parental wishes regarding selection of school - 1972, 34, 26
public control of schools, history of - 1995, 124/125, 27
religion in education: views on - 2004, 152, 8
religious freedom, Muslim teacher's time off for prayer - 1979, 60/61, 61
religious freedom, scope and protection of under a bill of rights - 1979, 60/61, 8
school reorganisation, interpretation of trust deed, dismissal of governors - 1988, 98/99, 102
sex education, the need for morality in - 1993, 116/117, 36
sex education in schools: the law & parental rights - 1996, 128/129, 22
Special Educational Needs: statements, LEA obligations & parental rights - 1995, 124/125, 58
trusteeship & governance of R.C. Voluntary Aided schools - 1994, 120/121, 3
understanding human rights concepts & education - 1997, 132/133, 49
universities, their role in the pursuit of truth - 1967, 17, 112
Australia
gay rights activist wins discrimination case against Catholic Schools - 2002, 148, 4
Ireland
Church of Ireland & school education, historically changing relationship between - 2002, 149, 118
Italy
Catholics treated more favourably than other faiths in teaching of religion - 2004, 152, 44
Norway
religious education: humanist parents given right to withdraw children - 2007, 159, 159
Republic of Ireland
dismissal of Catholic teacher over immoral conduct allowed - 1995, 124/125, 54
Spain
comparison of teaching of religion in Spanish & UK state schools (should this be denominational?) - 2007, 158, 54
religious & moral education, parents right to, not fully provided for - 2008, 160, 25
special treatment of Catholic religion when providing religious teaching in Spanish state schools (due to treaty) - 2007, 158, 54
teaching of religion in Spanish state schools, practical problems of - 2007, 158, 54
Turkey
exemption from religion classes should be allowed and procedures should respect applicants convictions - 2008, 160, 53
United States of America
American & English legal education compared - 1995, 126/127, 120
catholic responses to legal developments - 1974, 42, 19
catholic scholarly tradition, lack of in present century - 1974, 45, 176
Christian content in American state schools, the possibilities for - 2000, 144, 41
Christian education & worship in American state schools, illegality of - 2000, 144, 41
special features of American legal education - 1995, 126/127, 120

EMERGENCY POWERS
detention and its effectiveness in Northern Ireland and South Africa - 1972, 34, 5
essential services threatened, and use of emergency powers - 1990, 106/107, 48
Special Powers Act of Northern Ireland - 1969, 24, 106
Republic of Ireland
in relation to events in Northern Ireland - 1983, 78/79, 78
Terrorism

house arrest proposal to deal with terrorism - 2005, 154, 81

EMPLOYMENT LAW
adoption by same sex couples, conscientious objection by Justice of the Peace, discrimination case disallowed - 2008, 160, 63
art gallery, offering work to, not covered by employment legislation - 2008, 160, 66
Cambridge University promotions controversy - 1997, 134/135, 13
can Christian groups discriminate against employees for sexual orientation/conduct? - 2002, 148, 4
Christian not discriminated against by employers refusal to allow wearing of cross (case) - 2008, 160, 56
clashes of rights between religious workplaces & non-religious prospective employees - 2002, 148, 4
clergy, maintenance of, in the Italian Catholic Church - 2005, 155, 137
closed shop and European Convention on Human Rights - 1983, 78/79, 112
co-determination in corporate management - 1970, 27, 62
courts martial: are Royal Navy & RAF tribunals independent & impartial? - 2004, 153, 184
credit protection insurance not available to part-timers, discrimination? - 1993, 116/117, 54
direct & indirect discrimination in employment cases - 1998, 138/139, 105
discrimination on grounds of religion & belief - new legislation - 2003, 151, 182
Equality Act (Sexual Orientation) Regulations, differing legislative responses to moral disagreement (2003-2007) - 2007, 159, 114
employees & office holders, distinction between - 2006, 156, 59
employment legislation concerning teachers in Catholic schools - 1995, 124/125, 40
enforcement of European Community rights - 1977, 54/55, 130
essential services and need for law reform - 1990, 106/107, 48
E.U. employment law & religious organisations: possible conflicts - 2002, 148, 4
E.U. employment law: exceptions for religious groups, but how are these defined? - 2002, 148, 4
E.U. employment law: possible effects on church schools - 2002, 148, 4
homosexuals: case of unlawful discrimination when applying for church post - 2007, 159, 153; 2008, 160, 67
importance of reasons and openness in appointment procedures - 1997, 134/135, 13
indirect discrimination: employment cases in English, Australian & European law - 1995, 126/127, 83
indirect discrimination against job applicants - 1998, 136/137, 63
ministers of religion can sometimes have employee status and claim unfair dismissal etc - 2007, 158, 83
minister of religion, whether covered by employment protection legislation - 1986, 90/91, 126
ministers of religion, do they have employment status? - 2006, 156, 59
ministers of religion, employment status of - 1997, 132/133, 22
ministers of religion, no general principle that have rights as employees but can't assume no legal relations - 2007, 159, 129
ministers of religion, views of the different Churches on giving employment rights to - 2006, 156, 59
ministers of religion, workers rights available to, but employee rights depend on denomination - 2007, 159, 129
ministers outside the ambit of employment protection legislation -1984, 80/81, 69
muslim dress: school can ban niqab for staff since hampers communication - 2007, 158, 74
rabbinical dismissals: no judicial review available when religion involved - 1991, 110/111, 88
rastafarian, does hairstyle cause employment discrimination (case)? - 2008, 160, 61
'religion & belief' in the Employment Equality (Religion & Belief) Regulations 2003 also protects those who lack religion/belief - 2006, 157, 58
religious communities, employees and the Canon Law - 1986, 90/91, 68
religious discrimination actionable viewed as sex/race discrimination - 1998, 138/139, 105
religious discrimination and employment - 2004, 152, 8
religious discrimination in employment - 1998, 138/139, 105
religious observances in conflict with work - 1998, 138/139, 105
safety & hygiene issues override discrimination issues - 1998, 138/139, 105
Sex Discrimination Law - brief summary of changes affecting ministers & religious employers - 2005, 155, 145

trades union membership and religious belief - 1978, 56/57, 53
trades union rules not to be used capriciously to deprive members of work - 1971, 30, 29
unilateral conditions imposed on job applicants and the Theft Act - 1991, 108/109, 31
who employs a minister of religion - God or Church? - 1997, 132/133, 22
Australia
gay rights activist wins discrimination case against Catholic Schools - 2002, 148, 4
Bulgaria
dismissal by State employer due to belonging to a religious group is unlawful (ECHR) - 2007, 158, 78
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Republic of Ireland
Catholic teacher dismissal due to conduct upheld despite no contract breach - 1995, 124/125, 54
clergy: no legal employment status - 2005, 155, 144
Scotland
Church of Scotland treated differently as an employer by Westminster & the EU - 2002, 149, 125
Spain
ministers of religion in Spain, past registration of and current definitions of - 2004, 153, 100
requisites for ministers of different religions to be included in social security system - 2004, 153, 100
social security law and ministers of religion - legal, contribution & benefits details - 2004, 153, 100
work of ministers of religion generally not regulated by employment law (Spanish case law) - 2004, 153, 100
United States of America
religious communities, employees and the Canon Law - 1986, 90/91, 68

EQUITABLE REMEDIES
'Anton Pillar' orders and 'Mareva' injunctions - 1991, 108/109, 4
applied by Thomas More - 2001, 147, 79
competing claims of justice - 1993, 118/119, 83
development of equitable remedies & trusts - 2003, 150, 10
influence of canon law on - 2000, 144, 4
injunctions, financial cross-undertakings and Sunday trading - 1991, 110/111, 44
non est factum, application of the principle against a third party - 1972, 34, 37
recent developments in equitable jurisdictions -1991, 108/109, 4
unjust enrichment - 1973, 38, 27

ETHICS AND MORALITY
Abortion Act 1967, and the relation of law to moral values - 1968, 18, 4
abortion grounds, suggestions for legally assessing whether these are met - 1996, 128/129, 50
absolute objectivity of fundamental principles - 1978, 58/59, 135
advance directives: warnings on the Chancellor's Consultation paper 1997 - 1998, 136/137, 9
allocation of resources: medical ethics dilemmas - 2000, 144, 18
animal-human hybrids: possible reasons for objection to - 2008, 160, 6
assisted suicide: Bland, Dianne Pretty & Re:B (consent to treatment) - 2003, 150, 51
basis of good law from a Christian perspective - 1999, 142/143, 117
'best interests' & the implications of the Mental Capacity Bill - 2004, 153, 152
Bland case & conjoined twins case, moral concerns raised by - 2002, 148, 65
Bland judgement: feeding as medical treatment? - 1993, 116/117, 4
Bland judgement: not acting in patient's best interests & eroding sanctity of life - 1993, 116/117, 4
blasphemy: difficulties in bringing a prosecution against theatre or BBC (case) - 2008, 160, 59
blasphemy law, can it be justified? - 2000, 145, 6
Bolam principle, difficult to apply to ethical matters - 1994, 122/123, 80
business enterprise, law of ethics and social responsibility for small - 1992, 114/115, 130
capital punishment, morality of - 2006, 156, 3
care for the elderly and Christian moral traditions - 1986, 90/91, 110
carers ignored and disadvantaged by the law - 2007, 159, 89
caring relationship needs to be legally recognised as important - 2007, 159, 89
Church's role in development of conscience - 1974, 45, 138
cloning, reproductive & therapeutic - arguments for and against - 1999, 142/143, 100
cloning (human): legal & ethical aspects of - 1999, 140/141, 26
cloning (human), possible legal problems: inheritance, negligence, wrongful life - 1999, 140/141, 26
code for business - 1973, 38, 12
comparative worth of lives: conjoined twins case and Bland case - 2001, 147, 89
conjoined twins case: a Christian perspective - 2001, 147, 89
conjoined twins case: balancing conflicting interests of two children - 2001, 146, 38
conjoined twins case: facts, reasoning, analysis, legal murder? - 2001, 146, 38
conjoined twins case: ruling of 'court of law, not of morals' - 2008, 160, 13
conjoined twins case: utilitarian sacrifice of one for the other? - 2001, 147, 89
conjoined twins case: what criteria or objective values can be used? - 2001, 147, 89
conscientious objection to military service, no international binding right to - 2003, 151, 180
contraceptive advice for young girls: the Gillick case - 2000, 144, 18
crime, guilt & punishment in the Old Testament - 2001, 147, 140
designer babies to cure siblings, ethics of - 2004, 152, 93
Do Not Resuscitate orders & newborn babies - 2004, 153, 152
end of life: how to define humanity - 2005, 154, 57
end of life dilemmas: Bland & turning off ventilation - 2000, 144, 18
enforcement of, by political and religious authorities - 1985, 84/85, 4
Equality Act (Sexual Orientation) Regulations, consumer rights as higher priority than religious rights - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, homosexuality as an identity & legal right (regarding adoption) - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, homosexuality as higher freedom than religion - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, secularisation of public morality - 2007, 159, 114
ethical standards, are they absolute? - 1999, 140/141, 65
euthanasia, dangers of the legalisation of - 1999, 140/141, 16
euthanasia debate, court cases making a substantial contribution to the - 1999, 140/141, 16
euthanasia: definitional, theological & ethical issues - 2003, 150, 51
euthanasia: sanctity of life v. autonomy and intolerability - 2005, 154, 57
euthanasia in the 1990's and beyond - 1999, 140/141, 16
faith and the Church and their support for the rule of law - 1972, 35, 81
Frege-Geach problem analysed - 2006, 157, 39
gambling, ethics of, and government proposals for regulation - 2002, 148, 38
Hart-Devlin debate: should society use law to enforce morality? - 2000, 144, 18
Hindley, Myra, should she have been released? - 2000, 144, 67
human dignity in birth and death - 1999, 140/141, 65
humans, are they equal in value? - 1999, 140/141, 65
Hume's Non-Cognitivism & classical theories of ethics (a critique)- 2006, 157, 39
hunger strikers, legal issues concerning - 1995, 126/127, 140
infallibility of Church's teachings, meaning of - 1974, 45, 138
international trade and Humanae Vitae - 1969, 22, 21
just war criteria, discussion of development of, to cover humanitarian intervention - 2005, 154, 35
Keown's distinction between worthwhileness of treatment & worthwhileness of life - 2001, 147, 89
killing and 'letting die' - 1993, 118/119, 146 + 147
King's College, establishment and aims of the centre - 1978, 56/57, 2
law and its relation to values in society -1967, 17, 123
law & morality: friends or foes? - 1994, 122/123, 87
law & morals: Simon Lee's contribution to the debate - 2000, 144, 18
law as the foundation of society's conscience - 1974, 45, 131
law influencing morality & vice versa - 1994, 122/123, 87
law-making, decreasing influence of Christian moral code on - 1969, 24, 100
legal & moral obligation to obey the law: a Christian analysis - 1997, 134/135, 32
Linacre, establishment and aims of the centre - 1978, 56/57, 2
linguistic difficulties in development of principles - 1974, 45, 138
mediaeval commercial morality: usury & just price - 1997, 132/133, 9
medical advance, morals and law - 1972, 36, 101
medical decisions, importance of fundamental ethical principles to underlie - 1999, 140/141, 65
medical treatment, ethics of consent to or refusal of - 1993, 116/117, 19
moral and civic good, principles and nature of - 1985, 84/85, 4
Moral Questions: Bishops' Conference of England and Wales. text printed - 1971, 33, 148
moral values, the source of: objective or absolute? - 2000, 144, 18
mother's autonomy / bodily integrity v. fetus' right to life, ethics of - 1999, 140/141, 43
natural law and a critique of Fr Coventry's thesis of Christian conscience - 1967, 14/15, 12
needs of individual against needs of society: utilitarianism - 1999, 140/141, 65
new approaches to the relationship between civil law and morality - 1977, 54/55, 139
paternalism v. informed consent - the Sidaway case - 2000, 144, 18
penology, Christian theories of, through history - 2005, 155, 103
planning issues and solutions - 1973, 40, 83
pornography & possible links to sexual offences (refutation of Kutchinsky) - 1995, 126/127, 91
private and public, the bounds of - 1984, 82/83, 86
PVS patients: a clinical view against withdrawing food/fluid - 1997, 134/135, 29
PVS patients, discontinuing artificial feeding for: legal practice & BMA guidelines - 2003, 150, 51
radical scepticism & morality, problems of - 2006, 157, 39
relativist and non-cognitivist theories of ethics, problems of - 2006, 157, 39
self-determination - do individuals have an absolute right to? - 1999, 140/141, 65
Shechita & Halal slaughter: should Christians approve when animals suffer more? - 2004, 153, 123
should the state legislate morality? - 1994, 120/121, 41
slavery: Christian principle & ideology against, some difficulties in practice - 2007, 158, 4
slavery, inadequate philosophical opposition to (in Roman law, naturalistic ethics, enlightenment, Kant) - 2007, 158, 4
Stephen, James Fitzjames - 1974, 45, 131
suicide & euthanasia, the Catholic position on - 2003, 150, 51
Tony Martin - Biblical reflections on whether his actions were justified - 2001, 147, 122
torture, can some classes of people licitly be tortured? - 2007, 159, 103
torture, the difference of consequentialist & absolutist approaches - 2007, 159, 103
transplant for their child?, can parents refuse a - 1997, 134/135, 52
transplant medicine & definitions of death - 1999, 140/141, 56
universality of principles - 1974, 45, 138
withdrawal of treatment: a Christian perspective - autonomy, best interests and Tony Bland - 2005, 154, 57
withdrawing life-sustaining treatment, law and ethics of: acts & omissions, sanctity of life & autonomy - 2005, 154, 57
withholding or withdrawing artificial nutrition and hydration - 1989, 100/101, 58
theology
abortion post Vatican II - 1976, 51, 45
acts and omissions in the Old & New Testaments - 2005, 154, 57
assisted suicide, Christian theology & the law - 2003, 150, 51
biblical view of the moral law in creation - 2003, 150, 21
biblical views on justice, retribution & forgiveness: Old & New Testaments - 2005, 155, 103
capital punishment, moral theology and - 2006, 156, 11
capital punishment, powers of the state in 'Romans' - 2006, 156, 3
caring, a theology of - 2007, 159, 89
Christian reconstructionism, problems with, when applied to society - 2003, 150, 21
death penalty, O'Donovan looks at Christian historical attitudes to - 2006, 156, 37
human rights, Christian concerns over: rights v. responsibilities, communities v. individualism, governments v. individuals - 2005, 154, 6
human rights: roots in the Bible & theology - 2005, 154, 6
justice, law and order: a theological analysis of God's plan - 2005, 154, 66
mercy and justice - 2005, 155, 103
Old Testament law, the relevance of, for non-Christians - 2003, 150, 21
Old Testament law, the relevance of, for today's Christians - 2002, 148, 21
reconstructionism as theological defence of blasphemy law - 2000, 145, 6
slavery, Biblical advocacy for humane treatment of - 2007, 158, 23
slavery: cannot be opposed by relativistic philosophies, need absolute transcendental perspective - 2007, 158, 4
slavery, Christian arguments against - 2007, 158, 4
slavery: reaons why Catholics didn't officially condemn until very recently - 2007, 158, 23
traditional approach to relationship between civil law and morality -1976, 51, 45
Vatican II, new approaches to relationship between civil law and morality - 1976, 51, 45
Australia
duty to inform & advise patients, development of the - 1994, 120/121, 26
Canada
torture rejected as fundamentally unjust - 2007, 159, 103
United States of America
conjoined twins case: the doctor's decision in a similar American case - 2001, 147, 89
ethical analysis of long-term health care for the elderly - 1986, 90/91, 110
foundation to and erosion of values underpinning the Constitution - 1987, 92/93, 7
role of civil law in relation to private morality - 1976, 51, 45
Roman Catholic influences on legislation - 1976, 51, 45

EUROPEAN COMMUNITY
capital punishment, US and EU attitudes to and morality of - 2006, 156, 3
Constitution (proposed EU), jurisdiction & powers of - 2005, 155, 87
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
double standards not permitted to interfere with free movement of goods - 1988, 96/97, 55
E.C. trade agreements, use & enforcement of human rights & democracy clauses in - 1995, 126/127, 105
effects of social change on religious traditions & governance in Europe - 2004, 152, 68
Employment law (E.U.): possible effects on church schools - 2002, 148, 4
Employment law (E.U.) and religious organisations: possible conflicts - 2002, 148, 4
enforcement of rights in domestic courts - 1977, 54/55, 130
EU human rights are individualistic, UN ones involve more collective responsibility - 2004, 153, 159
European Conferences exploring the concept of National Church - 2002, 149, 70
Fair Trials Abroad (FTA): group promoting European justice - 2001, 147, 114
federalism in the EU & the US Constitutions - 2005, 155, 87
free movement of goods and proportionality of Sunday trading legislation - 1991, 110/111, 44
freedom of religion: upholding by the ECHR - 2003, 151, 137
human cloning, prohibition of - 1999, 140/141, 26
indirect discrimination cases: English & European law in conflict - 1995, 126/127, 83
interest of European states in religious affairs - 2004, 152, 68
Irish accession and its effects in Ireland - 1983, 78/79, 78
Irish anti-abortion issues before the European Court of Justice - 1992, 114/115, 126
judicial power in the EU: 3 tiers of courts - 2005, 155, 87
jurisdiction over foreign parent companies -1990, 106/107, 31
law on religion in the media (in different European countries) - 2004, 152, 68
legislative power in the proposed EU Constitution - 2005, 155, 87
miscarriages of justice, cases in Europe - 2001, 147, 114
not necessary to specifically cite ECHR in national courts for violation to be upheld - 2003, 151, 137
practical relations between religious groups & public authorities in European countries - 2004, 152, 68
problems of ensuring justice in the different legal systems of Europe's nation states - 2001, 147, 114
religion in the Constitutions of different European countries - 2004, 152, 3
religious influence on secular government in Europe - 2004, 152, 68
religious pluralism in Europe: legal responses to: 2004, 152, 68
secular values systems - 2004, 153, 159
state law, religious needs & social conflict in Europe - 2004, 152, 68
subsidiarity, a critique of, in theology and E.C. law - 2002, 148, 46
subsidiarity: reflections on its importance in the EU - 2005, 154, 31
subsidiarity within the European legal order - 2003, 151, 111
Sunday trading and Article 30 of Treaty of Rome - 1989, 100/101, 72
European Convention on Human Rights
acceptance by Britain of jurisdiction of Court and Commission - 1968, 21, 168
analysis of articles and their equivalents in English law - 1987, 92/93, 59
application in UK courts -1987, 92/93, 59
Article 8 and the right to respect for family life - 1989, 100/101, 71
clergy discipline procedures, impact on - 2000, 145, 21
derogation by United Kingdom regarding Northern Ireland - 1969, 24, 106
detaining foreign nationals without trial allowed for suspected terrorists - 2003, 150, 79
divorce law in Ireland and the Convention - 1985, 84/85, 14
enforcement of European Community rights - 1977, 54/55, 130
enforcing chancel repair liability - incompatible with human rights? - 2003, 151, 163
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights & Biomedicine wrt cloning - 1999, 140/141, 26
impartial judicial forum to enforce rights - 2001, 146, 5
incorporation into domestic law - 1977, 54/55, 82
incorporation into domestic law, need for - 1985, 86/87, 4
individual right to petition Commission - 1986, 88/89, 2
jurisprudence of the European Court - 1983, 78/79, 112
major defects in observance within EU - 2001, 147, 114
ministers of religion, linking employment status with Article 9 of European Convention - 2007, 159, 129
not necessary to specifically cite ECHR in national courts for violation to be upheld - 2003, 151, 137
problems with inclusion in a - 1980, 64/65, 5
religious discrimination employment cases, effect of European Convention on UK - 1998, 138/139, 105
right to respect for family life - 1989, 100/101, 71
rights protected and enforced - 2001, 146, 5
Scottish Ecclesiastical tribunals & the convention - 2004, 153, 128
'victim' only, can bring a matter to court - 2005, 154, 27
ECHR (Cases)
Article 9 and freedom of religion: court cases - 2007, 158, 71/72/74/77/78/80
bull at Hindu temple: doesn't infringe human rights to kill when has TB - 2007, 159, 155
cases concerning prisoners - 2001, 146, 5
chastity ring, wearing of at school not a human right - 2007, 159, 150
Diane Pretty case: human rights not breached, no legal 'right to die' - 2003, 150, 51
freedom of religion: upholding by the ECHR - 2003, 151, 137
muslim dress: niqab wearing ban at school is licit, there are other ways to manifest religion - 2007, 158, 72
muslim dress: school can ban niqab for staff since hampers communication - 2007, 158, 74
muslim dress: wearing of jilbab at school not a human right - 2007, 158, 71
'sham' marriages: difficulties of legally regulating these - 2007, 159, 148
unsuccessfully invoked to circumvent blasphemy law - 2000, 145, 6
Bulgaria
Christian broadcaster can't be refused licence without right to adequate appeal (case) - 2008, 160, 52
dismissal by State employer due to belonging to a religious group is unlawful (ECHR) - 2007, 158, 78
France
lesbian adoption may be permitted via adoption by singles, lack of male referent not an obstacle (ECHR)- 2008, 160, 50
Georgia
Jehovah's Witnesses attacked by Orthodox group: inaction by authorities breaches rights - 2007, 159, 163
Moldova
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
legal recognition of Churches: religious rights & freedoms - 2003, 151, 137
State can't legally refuse to register a religious denomination - 2007, 158, 80
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Norway
religious education: humanist parents given right to withdraw children - 2007, 159, 159
Poland
European Court rules that denying a lady abortion violated her human right to respect for private life - 2007, 158, 81
homosexuals: right to demonstrate for equal treatment upheld - 2007, 159, 156
State must provide mechanism for determining conditions for obtaining lawful abortion (ECHR) - 2007, 158, 81
Russia
church services in the open: cannot ban, freedom of peaceful assembly - 2007, 159, 158
custody of children, Jehovah's Witness claims discrimination (articles 8, 14, 9 invoked) - 2008, 160, 55
ECHR ruling that Russia should legally register the Church of Scientology - 2007, 158, 77
Turkey
exemption from religion classes should be allowed and procedures should respect applicants convictions - 2008, 160, 53
Ukraine
canonical allegiance: state should allow parish statute changes - 2007, 159, 160

FAMILY LAW
adoption by same sex couples, conscientious objection by Justice of the Peace, discrimination case disallowed - 2008, 160, 63
age of majority under the Family Law Reform Bill - 1969, 22, 2
carers role not acknowledged in legal cases - 2007, 159, 89
case histories of injustices under the Children Act 1989 - 2001, 146, 57
Catholic committee established to comment on reforms - 1973, 39, 34
Children Act 1989: current working and analysis of - 2001, 146, 57
children's 'rights' out of control - 2001, 146, 57
cloning (human), possible legal problems: inheritance, negligence, wrongful life - 1999, 140/141, 26
conjoined twins case: balancing conflicting interests of two children - 2001, 146, 38
Do Not Resuscitate orders & newborn babies - 2004, 153, 152
draft Divorce Reform Bill 2001 - 2001, 147, 132
education of children in mixed marriages - 1967, 16, 84
family courts, text of Law Commission Working Party circular reproduced - 1973, 39, 72
Family Division, jurisdiction of - 1971, 33, 118
family law, looking back over 40 years of - 2003, 150, 8
Family Law Act 1996: it's failure & what should be salvaged - 2001, 147, 132
Family Law Act 1996, virtues of - 2000, 145, 57
Family Law Bill 1996: encouraging reconciliation in divorce process - 1996, 128/129, 35
Family Law Bill 1996, Lord Chancellor's analysis of - 1996, 128/129, 3
Family Law Reform Act, general analysis of - 1989, 100/101, 20
gambling, problem gambling & social effects of - 2002, 148, 38
maintenance orders and enforcement - 1971, 32, 98
Matrimonial Proceedings and Property Act, 1970 - 1971, 32, 98
one parent families and the Finer Report - 1978, 56/57, 13
religious freedom, scope and protection of under a bill of rights - 1979, 60/61, 8
conferences
International Society on Family Law, review of conference papers - 1982, 74/75, 74
Pax Romana, review of 8th Congress of Catholic Jurists - 1978, 56/57, 54
Plowden Legal Society-Catholic Marriage Advisory Council, conference papers -1978, 56/57, 13
contraception
right to privacy in USA - 1978, 58/59, 99
right to procure contraceptives in Ireland -1974, 45, 172
family
European Convention on Human Rights & the right to respect for family life - 1989, 100/101, 71
families, support of: précis & commentary on Government proposals - 1999, 142/143, 91
Inheritance (Provisions for Family and Dependants) Act 1975 - 1980, 66/67, 50
meaning of, regarding devolution of statutory tenancies - 1980, 66/67, 101
meaning of and de facto families -1979, 60/61, 2
meaning of term extended under succession legislation - 1980, 66/67, 50
meaning of the term and relationship to marriage - 1985, 84/85, 14
social services removing children unjustly - 2001, 146, 57
guardianship
Guardianship of Minors Act 1971 - 1971, 33, 137
joint custody orders -1973, 40, 115
person having parental rights - 1973, 41, 180
husband and wife
common law spouse covered by domestic violence legislation - 1978, 58/59, 129
enforcement of matrimonial rights - 1978, 58/59, 68
nature of relationship in the Common Law - 1978, 58/59, 64
relations at common law and under statute - 1983, 76/77, 31
rights of unmarried cohabitees - 1990, 104/105, 3
spousal witnesses, whether competent and compellable - 1978, 58/59, 131
illegitimacy
affiliation, inadmissibility of evidence defeating claim - 1972, 34, 34
equality of rights under the Family Law Reform Act 1969 - 1970, 26, 20
reasons for inclusion in legal systems - 1982, 74/75,
reform, discussion and proposals of Law Commission - 1982, 74/75, 114
marriage
bigamy, comments on Whiston v. Whiston - 1996, 130/131, 120
bigamy, no entitlement to matrimonial property in case of - 1996, 128/129, 55
breakdown, sociological perspectives from Kramer v. Kramer (a film) - 1980, 64/65, 42
children, effects of marriage breakdown on, and divorce reform - 1994, 122/123, 107
consents required for a valid legal marriage - 1996, 128/129, 41
divorce, history of legislation - 1993, 118/119, 111
divorce, legislative milestones and changing attitudes to - 1993, 118/119, 111
divorce and cohabitation, statistical trends in - 1982, 74/75, 74
divorce law reform: brief survey - pre 1969 to post 1996 - 2000, 145, 57
Edward Berry and Doris Eilleen Ward (Marriage Enabling) Act 1980, text of -- 1980, 66/67, 110
effects of family breakdown on children - 2001, 146, 57
feminism driving the increasing divorce rate - 1993, 116/117, 36
importance of examining 'conduct' in divorce proceedings - 2001, 147, 132
importance of marriage to church and state - 1993, 116/117, 36
relation of marriage to a reigning non-moral legal system - 1992, 112/113, 64
solicitors' code of practice regarding marital breakdown problems - 1985, 84/85, 2
parental rights
case studies in parent-child relations - 1978, 56/57, 20
child abuse and limited rights of involvement in decision-making - 1991, 108/109, 2
conjoined twins case: case decided against parental wishes - 2001, 146, 38
conjoined twins case: parental wishes overridden - 2001, 147, 89
father of illegitimate child, new rights under Family Law Reform Act - 1989, 100/101, 20
meaning of the term - 1978, 56/57, 38
moral and theological basis of - 1978, 56/57, 35
over children - 1985, 86/87, 51
patient autonomy & 'Gillick competent' children - 1999, 140/141, 22
psychiatric view of the nature of - 1978, 56/57, 20
their nature and scope - 1978, 56/57, 13
paternity
blood tests, no need to establish best interests of child - 1971, 30, 33
powers to require blood tests - 1969, 22, 2
proof of under the Family Law Reform Act 1969 - 1970, 26, 20
sterilisation
consent of mentally incapable - 1989, 100/101, 2
implications of damages awarded for failed operation - 1983, 78/79, 111
of intellectually under-developed ward - 1987, 94/95, 123
order for sterilisation of ward - 1987, 94/95, 78
woman with severe learning difficulties, decision on sterilising - 2000, 145, 60
wrongful birth and wrongful pregnancy, differences between - 1983, 78/79, 111
France
lesbian adoption may be permitted via adoption by singles, lack of male referent not an obstacle - 2008, 160, 50
Republic of Ireland
marital privacy, contraceptives and the rights of 'the family' - 1985, 84/85, 18
Russia
custody of children, Jehovah's Witness claims discrimination (articles 8, 14, 9 invoked) - 2008, 160, 55

GOVERNMENT & PARLIAMENTARY NEWS
2007 - Constitutional Reform / Charity Law / Human Fertilisation and Embryology / Equality, Diversity and Social Cohesion - 2007, 159, 136

HUMAN RIGHTS
academic lawyers, their role in development of - 1968, 20, 89
asylum applications, issues related to - 1998, 138/139, 80
autonomy to refuse treatment as an absolute right, consequences of - 1999, 140/141, 43
Catholic Church: respect for human rights within the - 2001, 146, 28
Catholic Church's stance on human rights, historical development of - 2001, 146, 28
Christian concerns over human rights: rights v. responsibilities, communities v. individualism, governments v. individuals - 2005, 154, 6
Christian responsibility to uphold human rights - 2005, 154, 6
clashes of rights between religious workplaces & non-religious prospective employees - 2002, 148, 4
conjoined twins case: balancing conflicting interests of two children - 2001, 146, 38
conjoined twins case: can they lawfully be separated when one must be killed? - 2001, 146, 38
courts martial: are Royal Navy & RAF tribunals independent & impartial? - 2004, 153, 184
culture of rights in Christian thinking - 2000, 144, 2
death: legal perspectives in determining - 1976, 50, 10
Declaration on Religious Freedom, the nature of rights in the - 1981, 70/71, 71
definition and scope of - 1974, 45, 131
detention, use of, for asylum seekers - 1998, 138/139, 80
detention in Northern Ireland and Republic of South Africa - 1972, 34, 5
direct & indirect discrimination in employment cases - 1998, 138/139, 105
E.C. trade agreements, use & enforcement of human rights & democracy clauses in - 1995, 126/127, 105
Equality Act (Sexual Orientation) Regulations, consumer rights as higher priority than religious rights - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, departure from the religious tolerance shown in previous anti-discrimination legislation - 2007, 158, 64
Equality Act (Sexual Orientation) Regulations, homosexuality as an identity & legal right (regarding adoption) - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, homosexuality as higher freedom than religion - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, Joint Committee on Human rights too ready to limit religious freedom - 2007, 158, 64
ethnic group, characteristics of an - 1998, 138/139, 105
EU human rights are individualistic, UN ones involve more collective responsibility - 2004, 153, 159
freedom of religion: upholding by the ECHR - 2003, 151, 137
freedom of speech: censoring Party Election Broadcasts (cf ProLife Alliance) - 2003, 150, 83
historical developments in the recognition of human rights - 2001, 146, 28
human & civic rights education (in context of Africa) - 1997, 132/133, 49
human rights: stopping ethical relativism? - 2006, 156, 53
human rights: values for a Godless age? - 2001, 146, 28
human rights in an age of moral subjectivity - 2006, 157, 39
'humanitarian intervention' to protect citizens of another state - 2005, 154, 35
Hume's moral scepticism and the foundations of human rights - 2006, 157, 39
indirect discrimination: employment cases in English, Australian & European law - 1995, 126/127, 83
indirect discrimination against job applicants - 1998, 136/137, 63
International Charters of human rights: a common, generally secular, values basis - 2004, 153, 159
international legal obligations, rise of - 2005, 154, 6
international organisations, trend for religious freedom to be protected, not as good in itself, but to prevent wider tensions - 2007, 158, 30
international protection of human rights - 2005, 154, 6
internationalisation of - 1989, 100/101, 5
Judaeo-Christian influences on the development of - 1989, 100/101, 5
law and order, maintenance of, in Israel, Northern Ireland and South Africa - 1984, 80/81, 32
Magna Carta 1215: influence on UK (Human Rights) law - 2001, 146, 5
mandatory & discretionary provision, budgets for providing disability grants - 1999, 140/141, 77
mentally incapacitated, human rights of the - 1992, 112/113, 23
miscarriages of justice, cases in Europe - 2001, 147, 114
moral rights, the existence of - 1972, 37, 132
moral rights and duties, the nature and extent of the terms - 1972, 35, 60
mother's autonomy / bodily integrity v. foetus' right to life, ethics of - 1999, 140/141, 43
natural law & the foundations of human rights - 2006, 157, 39
nature of & limits of human rights - 2005, 154, 6
non-entrenchment of rights in African countries - 1982, 72/73, 31
origins, development & significance - 2006, 156, 53
parliamentary sovereignty limiting creation of fundamental rights - 1969, 23, 53
Pope's declarations on human rights (various Popes) - 2001, 146, 28
Prince of Wales's marriage: legality of and its implications - 2005, 154, 27
privacy, the right to, in Roman law & canon law - 1998, 136/137, 39
religious discrimination, prevention of, desired by religious groups - 2004, 152, 8
religious discrimination and employment - 2004, 152, 8
religious discrimination in employment - 1998, 138/139, 105
religious freedom: balancing conflicting fundamental rights - 2008, 160, 25
religious freedom in international law - 1984, 82/83, 105
religious freedom includes practice as well as belief - 2008, 160, 25
religious hatred, human rights considerations in forming a law on - 2003, 150, 37
roots of human rights in the Bible & theology - 2005, 154, 6
Sartrean concept of freedom and justice - 1990, 106/107, 23
scope and protection of - 1977, 54/55, 94
Sex Discrimination Law - brief summary of changes affecting ministers & religious employers - 2005, 155, 145

sexual relations between mentally disabled individuals - 1990, 104/105, 87
Shechita & Halal slaughter, do Jews & Muslims have the right to demand this when it involves extra suffering for animals? - 2004, 153, 123
slavery: categories of and worldwide examples - 2007, 158, 4
slavery: hypocrisy often found between principle and practice - 2007, 158, 4
slavery: reaons why Catholics didn't officially condemn until very recently - 2007, 158, 23
sterilisation of intellectually under-developed ward - 1987, 94/95, 123
succession to the throne, do human rights overturn the prohibition on this for Catholics? - 2005, 154, 27
teaching of, proposals of International Commission of Jurists - 1969, 24, 140
terrorism: house arrest proposal to deal with - 2005, 154, 81
truth, its role in securing the protection of - 1967, 17, 112
understanding human rights concepts & education - 1997, 132/133, 49
universal or culturally bound - 1999, 142/143, 122
Vatican Concordats (post-conciliar) see international law as system for dispute resolution in religious freedom disputes (not just set of ideological statements) - 2007, 158, 30
Wilberforce, Sharp & other Christians who changed attitudes to slavery & the law - 2007, 158, 4
common law
bill of rights supplementing the - 1983, 76/77, 22
non-discrimination and the principle at - 1970, 28, 109
European Convention on Human Rights
acceptance by Britain of jurisdiction of Court and Commission - 1968, 21, 168
analysis of articles and their equivalents in English law - 1987, 92/93, 59
application in UK courts -1987, 92/93, 59
Article 8 and the right to respect for family life - 1989, 100/101, 71
clergy discipline procedures, impact on - 2000, 145, 21
derogation by United Kingdom regarding Northern Ireland - 1969, 24, 106
detaining foreign nationals without trial allowed for suspected terrorists - 2003, 150, 79
divorce law in Ireland and the Convention - 1985, 84/85, 14
enforcement of European Community rights - 1977, 54/55, 130
enforcing chancel repair liability - incompatible with human rights? - 2003, 151, 163
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights & Biomedicine wrt cloning - 1999, 140/141, 26
impartial judicial forum to enforce rights - 2001, 146, 5
incorporation into domestic law - 1977, 54/55, 82
incorporation into domestic law, need for - 1985, 86/87, 4
individual right to petition Commission - 1986, 88/89, 2
jurisprudence of the European Court - 1983, 78/79, 112
major defects in observance within EU - 2001, 147, 114
ministers of religion, linking employment status with Article 9 of European Convention - 2007, 159, 129
not necessary to specifically cite ECHR in national courts for violation to be upheld - 2003, 151, 137
problems with inclusion in a - 1980, 64/65, 5
religious discrimination employment cases, effect of European Convention on UK - 1998, 138/139, 105
rights protected and enforced - 2001, 146, 5
Scottish Ecclesiastical tribunals & the convention - 2004, 153, 128
'victim' only, can bring a matter to court - 2005, 154, 27
ECHR (Cases)
Article 9 and freedom of religion: court cases - 2007, 158, 71/72/74/77/78/80
bull at Hindu temple: doesn't infringe human rights to kill when has TB - 2007, 159, 155
cases concerning prisoners - 2001, 146, 5
chastity ring, wearing of at school not a human right - 2007, 159, 150
Diane Pretty case: human rights not breached, no legal 'right to die' - 2003, 150, 51
freedom of religion: upholding by the ECHR - 2003, 151, 137
muslim dress: niqab wearing ban at school is licit, there are other ways to manifest religion - 2007, 158, 72
muslim dress: school can ban niqab for staff since hampers communication - 2007, 158, 74
muslim dress: wearing of jilbab at school not a human right - 2007, 158, 71
'sham' marriages: difficulties of legally regulating these - 2007, 159, 148
unsuccessfully invoked to circumvent blasphemy law - 2000, 145, 6
Human Rights Act 1998
altering the constitutional balance of the separation of powers - 2000, 144, 33
how it gives legal effect to the European Convention - 2001, 146, 5
interpreting statutes in line with the Act - 2005, 154, 27
prisoners
European Court of Human Rights: cases concerning prisoners - 2001, 146, 5
right to unimpeded access of the courts - 1985, 84/85, 52
rights and methods of enforcement - 1980, 66/67, 60
Australia
gay rights activist wins discrimination case against Catholic Schools - 2002, 148, 4
Bulgaria
Christian broadcaster can't be refused licence without right to adequate appeal (case) - 2008, 160, 52
dismissal by State employer due to belonging to a religious group is unlawful (ECHR) - 2007, 158, 78
France
lesbian adoption may be permitted via adoption by singles, lack of male referent not an obstacle - 2008, 160, 50
Georgia
Jehovah's Witnesses attacked by Orthodox group: inaction by authorities breaches rights - 2007, 159, 163
Greece
freedom of religion in Greece - 2004, 152, 27
Israel
intolerant human rights record and immigration policy - 1993, 118/119, 108
Vatican Concordat with Israel uses UN Covenant Of Human Rights to uphold religious freedom - 2007, 158, 30
Moldova
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
legal recognition of Churches: religious rights & freedoms - 2003, 151, 137
State can't legally refuse to register a religious denomination - 2007, 158, 80
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Norway
religious education: humanist parents given right to withdraw children - 2007, 159, 159
Poland
European Court rules that denying a lady abortion violated her human right to respect for private life - 2007, 158, 81
homosexuals: right to demonstrate for equal treatment upheld - 2007, 159, 156
State must provide mechanism for determining conditions for obtaining lawful abortion (ECHR) - 2007, 158, 81
Republic of Ireland
divorce law and the European Convention on Human Rights - 1985, 84/85, 14
Russia
church services in the open: cannot ban, freedom of peaceful assembly - 2007, 159, 158
custody of children, Jehovah's Witness claims discrimination (articles 8, 14, 9 invoked) - 2008, 160, 55
ECHR ruling that Russia should legally register the Church of Scientology - 2007, 158, 77
Scotland
'nobile officium', use of, to fill lacunae - 2008, 160, 13
South Africa
civil liberties, extent of current - 1984, 80/81, 32
detention - 1972, 34, 5
Spain
religious freedom: constitutional recognition not always translated into practice - 2008, 160, 25
religious freedom in Spain - 2004, 152, 44
Turkey
exemption from religion classes should be allowed and procedures should respect applicants convictions (case) - 2008, 160, 53
Ukraine
canonical allegiance: state should allow parish statute changes - 2007, 159, 160
United States of America
slavery: Jefferson's ambivalence in action & the Christian abolition movement - 2007, 158, 4

IMMIGRATION & ASYLUM
Biblical view of asylum - 1998, 138/139, 80
Christian critique of Immigration policy - 1998, 138/139, 97
critique of the asylum process - 1998, 138/139, 80
detaining foreign nationals without trial allowed for suspected terrorists - 2003, 150, 79
detention & human rights issues for asylum seekers - 1998, 138/139, 80
economic migrant, the claim of the - 1998, 138/139, 97
immigration, 'all relevant circumstances', Secretary of State obliged to consider - 1987, 92/93, 74
immigration appeal rejected since defining threats to national security are executive decisions, not judicial ones - 2003, 150, 79
immigration in UK - 1970, 28, 109
immigration law: a bias against the poor - 1998, 138/139, 97
marriage, rules of immigration to do with - 1998, 138/139, 97
persecution, definition of in UK asylum cases - 2001, 146, 71
'persecution', the meaning of (in asylum cases), in different countries - 1998, 138/139, 80
safe third country rules - 1998, 138/139, 80
'sham' marriages: difficulties of regulating these - 2007, 159, 148
treatment (legal & otherwise) of asylum seekers, inadequate & unjust - 1998, 138/139, 97
welfare as a deterrent to asylum claims - 1998, 138/139, 80
white paper 1998, analysis of proposals of - 1998, 138/139, 80
without official paperwork - 1998, 138/139, 80
Israel
intolerant human rights record and immigration policy - 1993, 118/119, 108
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Turkey
asylum claims on grounds of compulsory military service - 2003, 151, 180
United States of America
U.S. immigration policy - a Biblical Christian view - 1996, 130/131, 84

INTERNATIONAL LAW
assassination (eg of bin Laden): can it be justified? - 2005, 154, 35
attacks by groups other than regular armies, defining state responsibility for - 2003, 151, 96
Augustinian worldview informs recent Vatican dialogue on international stage - 2007, 158, 30
basis and key necessary components of International law - 2005, 154, 35
Catholic Church and its role in - 1975, 48/49, 48
Chagos Islands: case against their removal from their land for a US defence base - 2001, 146, 5
challenging national law in national courts, difficulty in - 1969, 24, 129
colonial expansion regulated by a framework of - 1993, 118/119, 84
conscientious objection to military service, no international binding right to - 2003, 151, 180
ethical standards, finding international (eg at Nuremberg) - 1992, 112/113, 31
European Court of Human Rights as impartial judicial forum - 2001, 146, 5
extradition proceedings against Pinochet - 1999, 142/143, 87
genocide: definition of and example of Srebrenica - 2003, 151, 96
globalisation, nationhood & national churches - 2002, 149, 111
human rights, inclusion into the system of - 1975, 48/49, 48
human rights: development of legal obligations & application of these - 2005, 154, 6
human rights developments internationally - 2001, 146, 28
human rights, international protection of - 2005, 154, 6
humanitarian intervention in the international arena, legally justifying - 2003, 151, 96
'humanitarian intervention' to protect citizens of another state - 2005, 154, 35
immunity from prosecution for Heads of State, abolished by International Criminal Tribunal on the former Yugoslavia - 2003, 151, 96
International Charters of human rights: a common, generally secular, values basis - 2004, 153, 159
International Commission of Jurists' proposals for teaching human rights law - 1969, 24, 140
international organisations, trend for religious freedom to be protected, not as good in itself, but to prevent wider tensions - 2007, 158, 30
Iraq war (2003): arguments over the legality of - 2005, 154, 35
Iraq war & regime change: a justified development of International law? - 2005, 154, 35
just war, Catholic teaching on, and proposed extensions - 2003, 151, 96
'just war', origins and nature of the concept - 1980, 64/65, 10
just war criteria, discussion of development of, to cover humanitarian intervention - 2005, 154, 35
nature and philosophy of - 1975, 48/49, 48
Newman's criteria of genuine development, applied to International law - 2005, 154, 35
nuclear weapons, International Court of Justice advisory opinions on legality - 1997, 132/133, 65
nuclear weapons, judgement of the ICJ on the legality of the use of - 2003, 151, 96
occupation, protection of civilians and the Geneva Civilians Convention - 1969, 24, 129
Populorum Progresso, Humane Vitae and terms of trade - 1969, 22, 21
pre-emptive strikes, does UN Charter permit? - 2003, 151, 96
rape as a crime against humanity - 2003, 151, 96
revolution in, and the Declaration of Human Rights - 1989, 100/101, 5
rights to religious freedom - 1984, 82/83, 105
settling international conflict: the UN & the ICJ - 1997, 132/133, 39
sovereign immunity, the limits of - Pinochet case - 1999, 142/143, 87
sovereign title, whether acquired by conquest and subjugation - 1969, 24, 129
sovereignty - 1997, 132/133, 39
treaties, enforceability in domestic courts - 1975, 48/49, 97
trial chamber of the International Tribunal: first ruling on Yugoslavia conflict - 1997, 134/135, 54
unlawful arrest & extradition: effect on any court case - 1994, 120/121, 47
Vatican Concordats (post-conciliar): impact of religious perspectives on international law - 2007, 158, 30
Vatican Concordats (post conciliar) reveal different Church/State relationships eg two sovereignties with Italy/Spain, autonomy with post-communist countries, tolerance with Islamic States - 2007, 158, 30
Vatican Concordats (post-conciliar) see international law as system for dispute resolution in religious freedom disputes (not just set of ideological statements) - 2007, 158, 30
Vatican engagement with different international regimes, subsidiarity informing varying terms of - 2007, 158, 30
Vietnam War, legality of US involvement in - 1967, 16, 60
war, UN Charter used to establish justice of going to - 2003, 151, 96
war, when legally justifiable - 1967, 16, 60
war against terrorists, does it require a new legal framework? - 2005, 154, 35
war and its legal position under the UN Charter - 1980, 64/65, 10
Israel
Vatican Concordat with Israel uses UN Covenant Of Human Rights to uphold religious freedom - 2007, 158, 30
Latin America
Vatican Concordats with Latin America still see Church as societas perfecta - 2007, 158, 30

JURISPRUDENCE
assassination (eg of bin Laden): can it be justified? - 2005, 154, 35
case law and legal principles - 1972, 36, 88
changing model of secular government: from control to networking - 2004, 153, 128
common law systems, their underlying spirit - 1969, 23, 59
Constituation of the USA, is it a living document? - 2006, 156, 3
courts, their role in remedying legislative defects - 1972, 37, 154
critical legal studies: Kennedy & Unger - 1999, 142/143, 122
death penalty, power of the state vs individuals - 2006, 156, 3
discretion, judicial review of the exercise of -1977, 54/55, 125
discrimination in appropriate way, treating different cases differently - 1998, 136/137, 13
duty of care, judicial developments of concept - 1984, 80/81, 4
Equality Act (Sexual Orientation) Regulations, legislation that goes beyond the purpose of government - 2007, 159, 114
ex turpi causa non oritur jus and public policy - 1981, 70/71, 158
federalism in EU & US, nature of - 2005, 155, 87
foetus subjected to violence, legal status of - 1998, 136/137, 68
freedom of speech: should Party Election Broadcasts (cf ProLife Alliance) be censored? - 2003, 150, 83
Greek and Roman concepts of written law - 1974, 44, 92
'higher' law, the case for - 1992, 112/113, 31
history and the interpretation of law - 1987, 92/93, 27
Human Rights Act 1998: altering the constitutional balance of the separation of powers - 2000, 144, 33
International law: basis and key necessary components of - 2005, 154, 35
Iraq war & regime change: a justified development of International law? - 2005, 154, 35
judgement as justification for political rule - O'Donovan - 2006, 156, 37
just war criteria, discussion of development of, to cover humanitarian intervention - 2005, 154, 35
justice, has it advanced over the twentieth century? - 1998, 138/139, 78
justice, retribution & reconciliation (in Christian thought) - 2005, 155, 103
justice and love, Lord Denning & William Temple on - 1999, 140/141, 3
law and punishment, the purposes of - 1992, 114/115, 95
law and theology: Wyclif on interrelations of - 2005, 155, 123
legal and moral obligations to obey the law for Christians, nature of - 1997, 134/135, 32
legal systems that hold all men equal compared to police states/Nazi regime - 2003, 150, 10
lex talionis in the Bible & today - 1998, 136/137, 13
Louise Woodward: prejudicial assumptions made before court case - 1997, 134/135, 51
More, St. Thomas, and the nature of authority of law - 1974, 44, 92
positivist penology - 1984, 80/81, 7
prenatal life as a legal value - 1990, 104/105, 55
separation of powers, UK - 2000, 144, 33
separation of powers in Church governance, analysis of - 2004, 153, 128
silence, the right to, anomalies in taxation statutes - 1974, 45, 174
sphere sovereignty: an account & analysis of - 2003, 151, 111
subsidiarity, a critique of, both legally & theologically - 2002, 148, 46
subsidiarity, a positive theological, social & Biblical analysis of the Catholic concept of - 2003, 151, 111
subsidiarity & sphere sovereignty: an account & analysis of - 2003, 151, 111
subsidiarity & sphere sovereignty: Christian reflections on the size, shape & scope of Government - 2003, 151, 111
tolerance: a proper legal understanding of - 2007, 159, 114
war against terrorists, does it require a new legal framework? - 2005, 154, 35
William Temple on human dignity & political theology - 2003, 151, 111
written Constitutions: a warning of Judicial politicisation - 2006, 156, 67
church and state
Anglican Church constitutionally cannot be a national church in Australia - 1993, 118/119, 128
Anglicanism and the idea of a national church - 2002, 149, 111

Baptist concerns over forming a United Church in Wales & appointing an ecumenical Bishop - 2002, 149, 145
Baptist ideas of ecclesiology/authority & concerns over a strong link between church & state - 2002, 149, 145
biblical views on justice, retribution & forgiveness: Old & New Testaments - 2005, 155, 103
capital punishment: church/state influences - 2006, 156, 11
changing influences of the churches after the partition of Ireland - 2002, 149, 118
Christian dilemmas over dispensing justice: law vs Gospel - 2005, 155, 103
'Christianism' as a framework for law & society - 1994, 120/121, 32
church and state, views of the reformers on - 2002, 149, 157
church and state having different roles - 1999, 142/143, 117
Church of Ireland and the concept of National Church - 2002, 149, 118
Church of Scotland, nature of establishment in the - 2002, 149, 125
Church of Scotland's engagement with society & its structures - 2002, 149, 125
Church/State legal relations in Greece - 2004, 152, 27
Church/State relations in Norway - 2004, 153, 159
Church/State relationship: a Biblical analysis of authority - 2005, 154, 66
civil and ecclesiastical proceedings, conflicts between - 1982, 72/73, 64
'Defender of the Faith' - legal basis of the title - 2006, 156, 71
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
dependance of the Italian Catholic Church on the state as source of income - 2005, 155, 137
Emperor's influence on theories of marriage/divorce in Orthodox Church - 2006, 157, 7
employment status, do ministers of religion have this? - 2006, 156, 59
Equality Act (Sexual Orientation) Regulations, consumer rights as higher priority than religious rights - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, departure from religious tolerance - 2007, 158, 64
Equality Act (Sexual Orientation) Regulations, homosexuality as higher freedom than religion - 2007, 159, 114
France & Greece: two approaches to religious pluralism - 2004, 152, 27
globalisation, nationhood & national churches - 2002, 149, 111
Hooker (Richard) on the Church/State as one entity - 2004, 153, 159
how is religion defined?, problems with religious hatred laws - 2003, 150, 37
how should legislation reflect Christian truths? - 2003, 150, 21
idea of a National Church: a Methodist viewpoint - 2002, 149, 105
Italian State relations with religious groups & the influence of these groups on state politics - 2004, 152, 44
juridical (civil & canonical) framework to decide if a church is a national church - 2002, 149, 77
media, law on religion in the (in different European countries) - 2004, 152, 68
models of Church-State relations - 2002, 149, 157
National Church, future role of: Norwegian issues of sacred texts, rites, places, paths & time - 2004, 153, 159
National Church, marks of a - 2002, 149, 157
National Church as a civil law concept - 2002, 149, 77
National Churches: the Church of England, Church of Scotland & Church in Wales as - 2002, 149, 77
nature of society - 1983, 76/77, 2
Niebuhr on Christ & culture - 2002, 149, 125
Norwegian discussion on future relationship between church & state - 2004, 153, 159
penology, Christian theories of, through history - 2005, 155, 103
penology: should Christians seek to replace retribution with reconciliation? - 2005, 155, 103
practical relations between religious groups & public authorities in European countries - 2004, 152, 68
purpose of government: is imposing an anti-religious morality legitimate? - 2007, 159, 114
relations between different faiths & the public administration/government in France - 2004, 152, 27
religious bodies, law concerning: how do sociologists of religion & religious leaders perceive this? - 2004, 152, 8
religious pluralism in Europe: legal responses to - 2004, 152, 68
secular or secularist state, distinction between - 2008, 160, 25
Spanish state and religious groups, agreements between - 2004, 152, 44
state taking an interest in religious matters, recent cases of - 2004, 153, 98
theories of church & state: Anabaptist, Luther, Calvin - 2005, 155, 103
Vatican shift away from Church as Societas Perfecta to deeper engagement with wider (and differing) politics after Vatican II - 2007, 158, 30
Vatican Concordats (post conciliar) reveal different Church/State relationships eg two sovereignties with Italy/Spain, autonomy with post-communist countries, tolerance with Islamic States - 2007, 158, 30
Williams, Rowan, on balancing law in England with regulatory norms of a religious group - 2008, 160, 4 and 20
moral values
Biblical jurisprudence, the quest for universal norms & the functions of law - 1994, 120/121, 12
blasphemy law, can it be justified? - 2000, 145, 6
blasphemy laws that protect the Church of England, argument in favour of - 2003, 150, 37
breaking the law and non-coercion clauses in legislation -1967, 16, 54
capital punishment, morality of - 2006, 156, 3
Catholic & Protestant social teaching & application to life - 2000, 145, 38
Christian leadership, absence in arena of law reform - 1974, 42, 2
Christian moral code, its decrease in influence on law-making - 1969, 24, 100
conscience and the law - 1985, 86/87, 23
courts making moral judgements - 2008, 160, 13
crime, guilt & punishment in the Old Testament - 2001, 147, 140
Devlin-Hart controversy, a general review - 1973, 39, 45
ethical standards, establishing these for lawyers - 1992, 112/113, 31
Hart-Devlin debate: should society use law to enforce morality? - 2000, 144, 18
integrity and the law - 1986, 88/89, 5
justice, the state and the law in the Bible - 2000, 144, 49
justice, law and order: a theological analysis of God's plan - 2005, 154, 66
justice and Christian principles, inseparability of - 1983, 76/77, 10
law and justice, a Christian perspective on - 2000, 144, 49
law and justice, contemporary nature of their functions - 1984, 80/81, 42
law & morality: friends or foes? - 1994, 122/123, 87
law & morals: Simon Lee's contribution to the debate - 2000, 144, 18
legal propositions having moral content - 1982, 72/73, 2
legal systems and moral systems, the relationship between - 1992, 112/113, 64
lex talionis and justice and compensation - 1984, 80/81, 25
must the good advocate also be a good person? - 1998, 138/139, 116
Old Testament law, the relevance of, for non-Christians - 2003, 150, 21
Old Testament law for today's Christians - 2002, 148, 21
permissive society, its meaning and nature - 1972, 35, 46
review of 'The Artifice of Ethics' by G. R. Dunstan -1974, 43, 66
should law be Christian? - 1988, 96/97, 12
transcendent moral foundations in a secular legal context, search for - 1994, 122/123, 87
unjust law, not law - 1974, 44, 92
natural law
ambiguity in meaning of - 1975, 48/49, 44
as a basis for the Church's teachings - 1975, 48/49, 67
basis of the American Constitution - 1974, 45, 154
biblical view of the moral law in creation - 2003, 150, 21
concepts of - 1974, 45, 138
development of the concept of 'higher' law - 1975, 48/49, 48
development of theory of - 1975, 48/49, 67
dynamic fluidity of theory of - 1975, 48/49, 67
eternal norms: natural law theory, legal positivism & Biblical jurisprudence - 1994, 120/121, 12
foundations of the Constitution of Ireland - 1977, 54/55, 94
fundamental basis for all law, used to seek - 1992, 112/113, 31
Murray, Fr. John Courtney, and the limitations of - 1968, 21, 132
natural law & cosmic harmony in Aquinas, Marx & eastern thought - 1994, 122/123, 121
right to life being a basic right in - 1977, 54/55, 132
slavery: inadequacy of secular jusnaturalism in opposing - 2007, 158, 4
terrorism and just war - 1986, 90/91, 56
underlying other laws - 1994, 120/121, 32
use of in determining the extent of legal obligations - 1997, 134/135, 32
philosophy
Aristotle, Quintilian & Longinus on the importance of advocate's good character - 1998, 138/139, 116
classical ideas of justice: Aristotle, Grotius - 2005, 155, 103
common good, temporal aspects - 1981, 70/71, 97
freedom of the individual and Sartrean - 1990, 106/107, 23
'just war' doctrine - 1967, 16, 60
Kant: the purpose of punishment - 2005, 155, 103
Kant & the Legal Positivists, attempts to sever law & morals - 1994, 122/123, 87
Newman's criteria of genuine development, applied to International law - 2005, 154, 35
objective and subjective foundations of ethical theories - 2006, 157, 39
political liberalism in the West, a Christian critique of underlying philosophy (eg Rawls) - 2005, 154, 66
world outlooks, classicist and historicist perspectives - 1981, 70/71, 116
rights
EU human rights are individualistic, UN ones involve more collective responsibility - 2004, 153, 159
human rights, lack of a theory of - 1969, 23, 53
human rights: values for a Godless age? - 2001, 146, 28
Human Rights Act: interpreting statutes in line with the - 2005, 154, 27
human rights in an age of moral subjectivity - 2006, 157, 39
Hume's moral scepticism and the foundations of human rights - 2006, 157, 39
inter-relationship of rights and duties - 1972, 37, 132
moral rights and duties, the nature and extent of the terms - 1972, 35, 60
nature of and the Declaration of Religious Freedom - 1981, 70/71, 71
rule of law
basis of good law from a Christian perspective - 1999, 142/143, 117
can the rule of law be abandoned? - 2005, 154, 35
church and state - 1971, 30, 18
examination of the meaning of - 1973, 39, 37
faith and the Church and their support for the -1972, 35, 81
justification for breaking the law - 1990, 106/107, 5
public order and the role of the state - 1984, 82/83, 90
role of the state from a Christian perspective - 1999, 142/143, 117
sociology
Biblical view of law and social order - 2005, 154, 66
effects of social change on religious traditions & governance in Europe - 2004, 152, 68
law concerning religious bodies: how do sociologists of religion & religious leaders perceive this? - 2004, 152, 8
religious demography, trends and influences in Spain - 2004, 152, 44
religious demography, trends, minorities & state regulation of religion in France - 2004, 152, 27
religious demography and the impact of social change on religious groups in Italy - 2004, 152, 44
religious groups: what they need from the legal system? - 2004, 152, 8
religious influence on secular government in Europe - 2004, 152, 68
religious laws & practice: influence of social & legal developments on - 2004, 152, 8
role of religion (multi-faith) in society and impact of social change on religion in France - 2004, 152, 27
secular values systems - 2004, 153, 159
sociology of law on religion: a new discipline - 2004, 152, 68
State law, religious needs & social conflict in Europe - 2004, 152, 68
views of different faiths on religious law & religious needs in France- 2004, 152, 27

LAND LAW
arbitration can be decided in accordance with sharia law - 2008, 160, 67
care in the community, property law issues - 1994, 122/123, 125
colonial application of land law and property rights - 1993, 118/119, 84
contracts must be made under the law of a country, not under sharia - 2008, 160, 67
gazumping - 1973, 40, 78
nuisance, no claim following activity permitted by Act of Parliament - 1982, 72/73, 62
purchaser's motive irrelevant regarding ownership of legal estate - 1981, 70/71, 157
Australia
Mabo land case, aboriginal land rights - 1993, 118/119, 84
Nigeria
land rights of indigenous inhabitants (1921) - 1993, 118/119, 84
Zimbabwe / Rhodesia
land rights of indigenous populations (1919) - 1993, 118/119, 84

LAW & RELIGION SCHOLARS NETWORK
inaugural meeting of - 2008, 160, 3
website established - 2008, 160, 3

LEGAL HISTORY
advocacy united with ethics, Classical, renaissance & modern views of - 1998, 138/139, 116
Anglican Church schools, overview of educational legislation since 1811 - 1995, 124/125, 17
autonomy concerns with regard to Inter Vivos religious giving & charitable trusts (affecting land) in Nineteenth Century England - 2006, 157, 17
bequests to solely contemplative orders can't be charitable trusts but can be gifts to individual members (Nineteenth Century England) - 2006, 157, 17
blasphemy, origins in common law - 1979, 60/61, 20
blasphemy, recent history of the law on - 2003, 150, 37
blasphemy law, historical development of (including case law) - 2000, 145, 6
British Colonial law, application of - 1993, 118/119, 84
Campion, Edmund: trial of - 1998, 136/137, 19
canon law as basis of moral obligations to fulfil contracts - 2000, 144, 4
canon law, foundations for the development of, in Latin & Greek Churches - 2006, 157, 7
capital crimes in England - 2001, 147, 140
capital punishment: Christian & Jewish attitudes to - 2006, 156, 11
Catholic Church's stance on human rights, historical development of - 2001, 146, 28
charitable trusts, the law of - 1995, 126/127, 72
charitable trusts can only be set up for religious orders which are not solely contemplative (Nineteenth Century England) - 2006, 157, 17
charitable trusts for purposes: legal characteristics of, in Nineteenth Century England - 2006, 157, 17
Christian presuppositions & tradition in English law - 2003, 150, 10
Church of England: brief history of Church/State relationship - 2004, 153, 159
contracts & 'good faith': from Roman law to modern Europe - 2000, 144, 4
crime, guilt & punishment in the Old Testament - 2001, 147, 140
death, UK definition of - 1999, 140/141, 56
death penalty, Christian attitudes to - 2006, 156, 37
defence of property, development of law concerning - 2001, 147, 122
Denning, Lord: the influence of William Temple on - 1999, 140/141, 3
Dicey and the rule of law - 1973, 39, 37
dinners of confraternities and trustees - 1974, 43, 84
divorce, history of legislation - 1993, 118/119, 111
divorce in the Republic of Ireland - 1968, 21, 155
due process, the origins of - 1969, 25, 144
Equality Act (Sexual Orientation) Regulations, differing legislative responses to moral disagreement (2003-2007) - 2007, 159, 114
family law, looking back over 40 years of - 2003, 150, 8
gifts and trusts: distinction can affect legal enforceability of religious giving (Nineteenth Century England) - 2006, 157, 17
grounds for law, the changing ultimate (from eighteenth century on) - 1992, 112/113, 31
Haldane, Richard Burdon - 1971, 29, 2
Heenan, Cardinal: first bencher of Inns of Court since the Reformation - 1968, 20, 128
historical developments in the recognition of human rights - 2001, 146, 28
husband and wife, relations at common law and under statute - 1983, 76/77, 31
jurisdiction of common law, chancery & ecclesiastical courts, 12-15th century - 2000, 144, 4
justice, classical ideas of: Aristotle, Grotius - 2005, 155, 103
justice, retribution & reconciliation through Christian history - 2005, 155, 103
justifications for breaking the law - 1990, 106/107, 5
law and theology: Wyclif on interrelations of - 2005, 155, 123
legal education & practice in sixteenth century England - 1998, 136/137, 19
legislation, huge increase in eighteenth century - 1989, 100/101, 31
lex talionis in the Bible & today - 1998, 136/137, 13
Magna Carta, use of, to protect people from the King's excesses - 2001, 146, 5
Magna Carta 1215: influence on UK law - 2001, 146, 5
marriage & divorce, changing attitudes to - 1996, 128/129, 35
mediaeval commercial morality: usury & just price - 1997, 132/133, 9
O'Sullivan, Richard: a brief biography - 1998, 136/137, 18
oaths and declarations, legislation concerning - 1970, 29, 181
penology, Christian theories of, through history - 2005, 155, 103
Plowden, Edmund: a biography - 1998, 136/137, 19
Plowden, Edmund: did Elizabeth I offer him the position of Lord Chancellor? - 2000, 145, 29
Plowden, Edmund: strong recusant, refusing the oath of supremacy - 2000, 145, 29
privacy, the right to, in Roman law & canon law - 1998, 136/137, 39
public control of schools, history of - 1995, 124/125, 27
religious giving in Nineteenth Century England: legal regulation of, as it diversified - 2006, 157, 17
religious giving in Nineteenth Century England: levels of legal enforcement of - 2006, 157, 17
Roman Catholics, disqualifications to holding offices - 1970, 29, 178
sex education in schools: the law & parental rights - 1996, 128/129, 22
slavery, Biblical advocacy for humane treatment of - 2007, 158, 23
slavery: hypocrisy often found between principle and practice - 2007, 158, 4
slavery: reaons why Catholics didn't officially condemn until very recently - 2007, 158, 23
slavery in history of Catholic Church: theory & practice - 2007, 158, 23
sources of Guernsey law - 1998, 136/137, 4
Temple, William: theology & influence on Lord Denning - 1999, 140/141, 3
torture (judicial) in history - 2007, 159, 103
virtue of justice for those practising law - 2003, 150, 10
Wilberforce, Sharp & other Christians who changed attitudes to slavery & the law - 2007, 158, 4
Wyclif on interdisciplinary law and theology in 14th century Oxford - 2005, 155, 123
abortion
ancient legal codes and - 1978, 58/59, 81
antecedents to current law - 1968, 18, 16
early laws in states of USA - 1974, 42, 19
Blackstone
legislation and the common law - 1989, 100/101, 31
merits of the jury system - 1989, 100/101, 31
science of legislation - 1988, 98/99, 60
marriage
formalities - 1988, 96/97, 34
marriage in Eastern & Western Canon Law (in the First Millennium) - 2006, 157, 7
origins of form of - 1967, 16, 84
secularisation of - 1969, 25, 144
women and their status in - 1971, 32, 76
More, Sir Thomas
Ackroyd's life of, comments on - 1998, 136/137, 35
his fable: 'the ass, the fox & the wolf' - 1998, 136/137, 35
integrity and the law - 1986, 88/89, 5
new patron of statesmen and politicians - 2001, 147, 79
plaque unveiled in commemoration at Westminster Hall - 1968, 19, 77
statue of, erected - 1969, 23, 48
the lawyer & the judge - 2001, 147, 79
Europe
contracts & 'good faith': from Roman law to modern Europe - 2000, 144, 4
European Convention on Human Rights, the path to effecting the - 2001, 146, 5
European Unification, a brief history of - 2004, 152, 3
Ireland
Church of Ireland, development of & its relationship to the state - 2002, 149, 118
Church of Ireland & school education, historically changing relationship between - 2002, 149, 118
divorce in the Republic of Ireland - 1968, 21, 155
Norway
Church of Norway: brief history of Church/State relationship - 2004, 153, 159
Pakistan
blasphemy law, history of - 2003, 150, 37
Scotland
Church of Scotland, nature of establishment in the - 2002, 149, 125
United States of America
federalism, nature and history of - 2005, 155, 87
pardon in American Law, historical understanding of - 1992, 114/115, 109
slavery: influential figures / steps in the path to abolition - 2007, 158, 4
Wales
development of Welsh Christianity - 2002, 149, 134
disestablishment of the Church in Wales - 2002, 149, 134

LEGAL PROFESSION
conscience and morality - 1985, 86/87, 23
disclosure and confidentiality in USA - 1986, 90/91, 59
ethical standards -1985, 86/87, 13
Fair Trials Abroad (FTA): group promoting European justice - 2001, 147, 114
jurisprudence in legal education, lack of - 1992, 114/115, 94
justice, the state and the law in the Bible - 2000, 144, 49
justice & mercy for lawyers (eg should lawyers be involved in divorce) - 2002, 148, 2
justice and truth, duty to seek - 1983, 76/77, 10
justice, retribution & reconciliation: practical considerations for Christian lawyers - 2005, 155, 103
law and justice, a Christian perspective on - 2000, 144, 49
lawyers in a permissive society - 1972, 35, 46
legal disciplines, different, in 14th century Oxford - 2005, 155, 123
legal education & practice in sixteenth century England - 1998, 136/137, 19
legal training, lack of ethical values in - 1998, 138/139, 116
must the good advocate also be a good person? - 1998, 138/139, 116
prayer for lawyers: Samuel Johnson - 2005, 155, 86
profession, meaning of the term - 1972, 35, 46
professional standards for lawyers - 1992, 112/113, 31
public distrust of politicians, reasons for - 2001, 147, 79
public life as a vocation - 2001, 147, 79
role of the Christian lawyer - 2000, 144, 49
seven principles of public life (Committee on Standards) - 2001, 147, 79
should Christians participate in all areas of the legal system? - 2005, 155, 103
social welfare legislation and the changing ethos of the profession -1984, 80/81, 42
Thomas More: the lawyer and the judge - 2001, 147, 79
judges
Catholics and their historic Christian perspectives - 1979, 62/63, 73
death sentences, can a judge morally impose these - 2006, 156, 3
independence, principles for securing, in South East Asia - 1989, 102/103, 44
independence of, in Latin America - 1989, 102/103, 30
judicial oath on appointment - 1983, 76/77, 10
justice, duty to do - 1983, 76/77, 10
political nature to role of - 1977, 54/55, 82
protection of, in Latin America - 1989, 102/103, 30
public policy and other factors in judicial opinions -1987, 94/95, 81
United States of America
disclosure and confidentiality - 1986, 90/91, 59
lay attorneys in marriage tribunals - 1968, 21, 140
special character of the American legal profession (compared to UK) - 1995, 126/127, 120

LEGISLATION
divorce, history of legislation - 1993, 118/119, 111
Equality Act (Sexual Orientation) Regulations, departure from religious tolerance - 2007, 158, 64
Equality Act (Sexual Orientation) Regulations, not produced as primary legislation therefore no amendments - 2007, 158, 64
Equality Act (Sexual Orientation) Regulations, legislation in a context of moral disagreement - 2007, 159, 114
EU Constitution, legislative power in the proposed - 2005, 155, 87
nuisance, whether permitted following private Act of Parliament - 1982, 72/73, 62

MARRIAGE
age for consent without parental approval - 1969, 25, 178
bigamy, comments on Whiston v. Whiston - 1996, 130/131, 120
bigamy, no entitlement to matrimonial property in case of - 1996, 128/129, 55
breach of promise of - 1971, 32, 70
changing attitudes to marriage & divorce - 1996, 128/129, 35
changing nature of marriage from social contract to relationship of love - 1996, 128/129, 15
clerics and celibacy -1981, 68/69, 29
consents required for a valid legal marriage - 1996, 128/129, 41
contract or relationship? - 1996, 128/129, 3
Divorce Reform Bill, implications on - 1968, 20, 86
education to support marriage, importance of - 1996, 128/129, 15
Equality Act (Sexual Orientation) Regulations mean civil partnerships must be treated same as marriages - 2007, 159, 114
families, support of: précis & commentary on Government proposals - 1999, 142/143, 91
family law, looking back over 40 years of - 2003, 150, 8
importance of marriage to both church and state - 1993, 116/117, 36
indissolubility, popular perceptions on the meaning of - 1967, 14/15, 6
jactitation of - 1971, 32, 70
Muslim Law and special status - 1989, 102/103, 2
nature of - 1975, 46/47, 2
nature of marriage, divorce and remarriage & mixed marriages in Greek & Latin Churches - 2006, 157, 7
Prince of Wales's marriage: legality of and its implications - 2005, 154, 27
privileged communications to priests and marriage counsellors - 1977, 54/55, 103
prohibited degrees - 1980, 66/67, 50
relation of marriage to a reigning non-moral legal system - 1992, 112/113, 64
revival of marriage in society, ideas for the - 1993, 118/119, 111
'sham' marriages: difficulties of regulating these - 2007, 159, 148
social changes (eg acquired gender) impacting church practice - 2004, 152, 8
sociological and psychological changes in marital relations - 1991, 110/111, 55
underage sexual intercourse & marriage, English & Turkish law on - 1996, 128/129, 41
women and their position in - 1971, 32, 76
breakdown
children, effects on, and divorce reform - 1994, 122/123, 107
effects on the economy and welfare state - 1993, 118/119, 111
examination of the causes of - 1973, 41, 150
proposals to make reconciliation easier during divorce process - 1996, 128/129, 3
sociological perspectives from Kramer v. Kramer (a film) - 1980, 64/65, 42
Canon Law
1983 Code and historical antecedents - 1986, 88/89, 9
Canon 1014 and nullity -1968, 21, 146
courts and procedure - 1968, 20, 84
lay attorneys in tribunals - 1968, 21, 140
marriage in Eastern & Western Canon Law (in the First Millennium) - 2006, 157, 7
matrimonial tribunals -1970, 28, 163
procedure of marriage tribunals - 1968, 21, 132
form
Catholic marriages, historical review of - 1979, 62/63, 85
civil and religious ceremonies, conflicts where latter have not occurred - 1972, 37, 153
history of their development - 1969, 25, 144
legal formalities to be observed - 1988, 96/97, 34
new unified law in Tanzania - 1970, 26, 3
plurality of styles of ceremony - 1971, 32, 70
solemnization rites - 1973, 41, 118
historical antecedents
conubium, basis and nature of in Roman times - 1980, 66/67, 77
early history in England - 1971, 32, 76
in the Middle Ages - 1975, 46/47, 7
Roman law - 1977, 52/53 9
mixed marriages
Canon Law on - 1970, 28, 163
the new Instruction - 1967, 16, 84
nullity
civil and canon law comparisons - 1970, 26, 27
decree granted for wilful refusal to consummate - 1980, 66/67, 88
grounds and bars under Nullity of Marriage Act 1971 - 1972, 34, 21
polygamy and void and voidable marriages - 1972, 37, 123
polygamy
African and English trends and 'parallel' law - 1968, 18, 33
matrimonial relief - 1972, 37, 123
status and recognition of - 1971, 33, 121
theology
developments post Roman times - 1980, 66/67, 77
limitations of Church's teachings on - 1973, 41, 150
Pauline teachings - 1977, 52/53, 24
Italy
marriage reform: notes between the Republic and the Holy See - 1972, 36, 93
reform of the Civil Code - 1972, 36, 93
Scotland
Kilbrandon Committee report - 1969, 25, 178
meaning and solemnisation of - 1977, 52/53, 52

MATRIMONIAL PROPERTY
bigamy, no entitlement to matrimonial property in case of - 1996, 128/129, 55
constructive trust/licence for benefit of unmarried partner - 1977, 52/53, 74
land registration, wife's equitable interest treated as 'over-riding' - 1980, 66/67, 106
legal charge on matrimonial home - 1973, 41, 181
Matrimonial Proceedings and Property Act 1970 - 1971, 32, 98
polygamous marriages and matrimonial relief - 1972, 37, 123
Rent Acts, extension of term 'family' to include unmarried partner - 1977, 52/53, 77
wife's contribution to the matrimonial home - 1972, 35, 78
Guernsey
division of jointly held assets after wife causes husband's death in another jurisdiction - 1998, 136/137, 4

MEDICINE
AIDS, the ethics of testing without consent - 1993, 116/117, 19
allocation of resources: medical ethics dilemmas - 2000, 144, 18
artificial feeding, courts allowing withdrawal of - 1995, 126/127, 70
assisted suicide: Bland, Dianne Pretty & Re:B (consent to treatment) - 2003, 150, 51
assisted suicide, Christian theology & the law - 2003, 150, 51
autonomy to refuse treatment as an absolute right, consequences of - 1999, 140/141, 43
'best interests' & the implications of the Mental Capacity Bill - 2004, 153, 152
Bland case: medical & legal concerns - 2002, 148, 65
Bland judgement: feeding as medical treatment? - 1993, 116/117, 4
Bolam principle, difficult to apply to ethical matters - 1994, 122/123, 80
caesarean, use of mental health act to compel - 1999, 140/141, 43
caesarean sections, law with regard to compelling - 1999, 140/141, 43
capital punishment: all doctors/nurses refuse to assist in an execution - 2006, 156, 24
carers ignored and disadvantaged by the law - 2007, 159, 89
caring relationship needs to be legally recognised as important - 2007, 159, 89
categorisation of mental patients on admission to hospital - 1999, 140/141, 79
conjoined twins case: balancing conflicting interests of two children - 2001, 146, 38
conjoined twins case: facts, reasoning, analysis, legal murder? - 2001, 146, 38
conjoined twins case: medical, legal & Catholic concerns - 2002, 148, 65
conjoined twins case: ruling of 'court of law, not of morals' - 2008, 160, 13
conjoined twins case: utilitarian sacrifice of one for the other? - 2001, 147, 89
conjoined twins case: what criteria or objective values can be used? - 2001, 147, 89
courses offered in medical law and ethics - 1983, 78/79, 56
court's jurisdiction over refusal of treatment by a minor aged over 16 - 1994, 120/121, 55
dangers of the Mental Capacity Bill - 2004, 153, 152
death, UK definition of - 1999, 140/141, 56
decision of 15 year old to refuse heart transplant overruled - 1999, 140/141, 22
Do Not Resuscitate orders & newborn babies - 2004, 153, 152
human, definition of being - 1999, 140/141, 65
human dignity in birth and death - 1999, 140/141, 65
hunger strikers, legal issues concerning - 1995, 126/127, 140
Keown's distinction between worthwhileness of treatment & worthwhileness of life - 2001, 147, 89
killing and 'letting die' - 1993, 118/119, 146 + 147
life, biological definitions - 1974, 42, 33
medical decisions, importance of fundamental ethical principles to underlie - 1999, 140/141, 65
medico-moral dilemmas and the need for ethical guidelines - 1983, 78/79, 60
parental wishes against child's transplant, court can overrule religious objection to - 2007, 159, 152
paternalism v. informed consent - the Sidaway case - 2000, 144, 18
patient autonomy & 'Gillick competent' children - 1999, 140/141, 22
patient consent to medical treatment, the status and significance of - 1993, 116/117, 19
patient with capacity can refuse treatment even when this leads to death - 2003, 150, 51
PVS patients: a clinical view against withdrawing food/fluid - 1997, 134/135, 29
PVS patients, discontinuing artificial feeding for: legal practice & BMA guidelines - 2003, 150, 51
transplant for their child?, can parents refuse a - 1997, 134/135, 52
transplant medicine & definitions of death - 1999, 140/141, 56
trespass, assault or battery, claims of medical treatment being - 1993, 116/117, 19
withdrawing life-sustaining treatment, law and ethics of: acts & omissions, sanctity of life & autonomy - 2005, 154, 57
withholding or withdrawing artificial nutrition and hydration - 1989, 100/101, 58
women in labour, competence & autonomy of - 1999, 140/141, 43
abortion
abortifacient pill RU486; workings and side effects - 1991, 110/111, 62
doctor not forming and honest opinion - 1974, 42, 54
medical induction - 1981, 68/69, 5
cloning
embryos created by Cell Nuclear Replacement, does statute law regulate these? - 2003, 150, 88
HFEA 1990 Act, is cloning regulated by the - 1999, 140/141, 26
human cloning, legal & ethical aspects of - 1999, 140/141, 26
human cloning, scientific issues concerning - 1999, 140/141, 26
legal problems (possible): inheritance, negligence, wrongful life - 1999, 140/141, 26
reproductive & therapeutic cloning - arguments for and against - 1999, 142/143, 100
contraception
contraceptive advice for young girls: the Gillick case - 2000, 144, 18
counselling for premature sexual activity - 1986, 88/89, 2
doctor-patient relationships - 1985, 86/87, 51
embryology
Catholic submissions to Warnock Enquiry - 1983, 78/79, 71
designer babies to cure siblings, ethics of - 2004, 152, 93
embryo research, I.V.F., and artificial insemination - 1987, 94/95, 92
embryos created by Cell Nuclear Replacement, does statute law regulate these? - 2003, 150, 88
frozen embryos and custody dispute in USA - 1989, 102/103, 2
proposals for a statutory licensing authority - 1989, 102/103, 88
research and experimentation - 1988, 98/99, 75
euthanasia
advance directives, problems with - 1994, 122/123, 80
advance directives: warnings on the Chancellor's Consultation paper 1997 - 1998, 136/137, 9
advance statements to refuse treatment, government support of - 1998, 136/137, 9
Bland judgement: not acting in patient's best interests - passive euthanasia - 1993, 116/117, 4
Catholic Church, its teaching on - 1968, 19, 52
court cases making a substantial contribution to the euthanasia debate - 1999, 140/141, 16
end of life: how to define humanity - 2005, 154, 57
end of life dilemmas: Bland & turning off ventilation - 2000, 144, 18
end of life issues, court decisions on - 1994, 122/123, 80
euthanasia, dangers of the legalisation of - 1999, 140/141, 16
euthanasia: definitional, theological & ethical issues - 2003, 150, 51
euthanasia: sanctity of life v. autonomy and intolerability - 2005, 154, 57
euthanasia in the 1990's and beyond - 1999, 140/141, 16
life, when it can be said to end - 1968, 19, 42
patient, doctor and public morality - 1983, 78/79, 60
resuscitative measures, cessation of - 1968, 19, 42
right to be kept/not kept alive - 1968, 19, 67
withdrawal of treatment: a Christian perspective - autonomy, best interests and Tony Bland - 2005, 154, 57
withdrawing life-sustaining treatment, law and ethics of: acts & omissions, sanctity of life & autonomy - 2005, 154, 57
foetus
being used for research - 1974, 42, 33
conceptus - 1974, 44, 101
mother's autonomy / bodily integrity v. fetus' right to life, ethics of - 1999, 140/141, 43
steps in physiological development - 1974, 42, 33
when it is considered human - 1974, 44, 121
sterilisation
consent of mentally incapable - 1989, 100/101, 2
implications of damages for failed operation - 1983, 78/79, 111
of intellectually under-developed ward - 1987, 94/95, 123
order for sterilisation of ward - 1987, 94/95, 78
woman with severe learning difficulties, decision on sterilising - 2000, 145, 60
wrongful birth and wrongful pregnancy, differences between - 1983, 78/79, 111
Australia
Bolam principle abandoned in Australia - 1994, 120/121, 26
duty to inform & advise patients, development of the - 1994, 120/121, 26
Netherlands
dangers of the legalisation of euthanasia - 1999, 140/141, 16
United States of America
brain-death, implications for practitioners - 1986, 90/91, 84
capital punishment: all doctors/nurses refuse to assist in an execution - 2006, 156, 24
care for the elderly, economic and moral considerations - 1986, 90/91, 110
conjoined twins case: the doctor's decision in a similar American case - 2001, 147, 89
consent and refusal of treatment - 1986, 90/91, 89
critique of Wade and Bolton cases - 1974, 42, 33
death, new judicial and statutory definitions - 1986, 90/91, 89
do-not-resuscitate orders - 1986, 90/91, 89
'right-to-die' and recent cases - 1989, 100/101, 58

MENTALLY DISABLED
'best interests' & the implications of the Mental Capacity Bill - 2004, 153, 152
caesarean, use of mental health act to compel - 1999, 140/141, 43
care in the community, property law issues - 1994, 122/123, 125
categorisation of mental patients on admission to hospital - 1999, 140/141, 79
decision making: carers needs are not considered unless they impact on the incapacitated person - 2007, 159, 89
decisions about end of life treatment for incompetent patients - 1994, 122/123, 80
end of life: how to define humanity - 2005, 154, 57
mentally incapacitated adults and decision making - 1992, 112/113, 23
murder, diminished responsibility in the law of - 2006, 156, 48
sexual relationships between the - 1990, 104/105, 87
sterilisation and consent - 1989, 100/101, 2
sterilising woman with severe learning difficulties, decision on - 2000, 145, 60

NATURAL JUSTICE
certiorari, the prerogative writ of - 1969, 25, 170
civil and common law principles compared - 1981, 68/69, 9
principles reviewed - 1969, 25, 170
rabbinical dismissals: no judicial review available when religion involved - 1991, 110/111, 88
religious freedom, Jew not available to attend hearing on a holy day - 1979, 60/61, 61
trade union rules, ultra vires where arbitrary - 1971, 30, 29

PERSONAL
obituaries
Allott, Antony - 2002, 148, 62
Amphlett-Micklewright, F. H. - 1992, 112/113, 90
Cockshutt, Herman Joseph Bond - 1970, 26, 40
Dunderdale, Edward - 2002, 148, 63
Faul, Denis - 2006, 156, 75
Heuston, Robert - 1995, 126/127, 144
Keldany, Herbert Ward - 1989, 100/101, 75
Lasok, Dominik - 2000, 144, 73 (a brief biography - 2000, 145, 4)
Maritain, Jacques - 1973, 39, 70
Maxwell, John Francis - 2007, 159, 164
O'Brien, R. A. G. - 1979, 62/63, 121
O'Connell, Professor Daniel Patrick - 1979, 62/63, 122
O'Sullivan, Dorothea - 1974, 42, 55
Penty, Michael - 2002, 149, 72
Rawlinson, Peter - 2006, 156, 75
Sieghart, Paul - 1989, 100/101, 74
Slesser, The Right Hon. Sir Henry - 1979, 62/63, 121
Smith, Mary Philomena Theresa - 1981, 68/69, 62
Wortley, Ben Atkinson - 1989, 102/103, 89

PHILOSOPHY
Aristotle, Quintilian & Longinus on the importance of advocate's good character - 1998, 138/139, 116
Augustinian worldview informs recent Vatican dialogue on international stage - 2007, 158, 30
church state relations, nature of - 1971, 30, 18
common good, analysis of the concept of - 1987, 94/95, 99
commutative justice and positive law - 1968, 19, 78
conjoined twins case: utilitarian sacrifice of one for the other? - 2001, 147, 89
conjoined twins case: what criteria or objective values can be used? - 2001, 147, 89
death, what is it? - 1999, 140/141, 56
eternal norms: natural law theory, legal positivism & Biblical jurisprudence - 1994, 120/121, 12
ethical principles and development of economic policies - 1986, 88/89, 22
ethical standards, are they absolute? - 1999, 140/141, 65
freedom and the value of moral constraints - 1971, 31, 52
Frege-Geach problem analysed - 2006, 157, 39
'higher' law, the case for an ultimate - 1992, 112/113, 31
human, definition of being - 1999, 140/141, 65
human dignity in birth and death - 1999, 140/141, 65
human rights, establishing the existance of - 2006, 156, 53
human rights: nature of & limits of - 2005, 154, 6
humans, are they equal in value? - 1999, 140/141, 65
Hume's moral scepticism and the foundations of human rights - 2006, 157, 39
Hume's Non-Cognitivism & classical theories of ethics (a critique)- 2006, 157, 39
'idea' of Christianity (Newman) - 2005, 154, 35
justice, classical ideas of: Aristotle, Grotius - 2005, 155, 103
Kant, purpose of punishment - 2005, 155, 103
Kant & the Legal Positivists, attempts to sever law & morals - 1994, 122/123, 87
Keown's distinction between worthwhileness of treatment & worthwhileness of life - 2001, 147, 89
law as a reflection of values in society - 1967, 17, 123
Locke, equality and the American Declaration of Independence - 1991, 110/111, 70
moral values, the source of: objective or absolute? - 2000, 144, 18
natural law - 1968, 21, 132
natural law & cosmic harmony in Aquinas, Marx & eastern thought - 1994, 122/123, 121
natural law & the foundations of human rights - 2006, 157, 39
needs of individual against needs of society: utilitarianism - 1999, 140/141, 65
Newman's criteria of genuine development, applied to International law - 2005, 154, 35
Niebuhr on Christ & culture - 2002, 149, 125
Niebuhrian concepts of reason nature and freedom - 1985, 86/87, 37
objective and subjective foundations of ethical theories - 2006, 157, 39
political liberalism in the West, a Christian critique of underlying philosophy (eg Rawls) - 2005, 154, 66
radical scepticism & morality, problems of - 2006, 157, 39
reconciling the universal with the particular - 1999, 140/141, 3
Sartrean concept of freedom and justice - 1990, 106/107, 23
self-determination - do individuals have an absolute right to? - 1999, 140/141, 65
self-government, pluralism and Publius' statecraft - 1987, 92/93, 7
slavery: cannot be opposed by relativistic philosophies, need absolute transcendental perspective - 2007, 158, 4
slavery, inadequate philosophical opposition to (in Roman law, naturalistic ethics, enlightenment, Kant) - 2007, 158, 4
slavery: subsidiarity & sphere sovereignty: Christian reflections on the size, shape & scope of Government - 2003, 151, 111
torture, can some classes of people licitly be tortured? - 2007, 159, 103
torture, the difference of consequentialist & absolutist approaches - 2007, 159, 103
transcendent moral foundations in a secular legal context, search for - 1994, 122/123, 87
'verification principle', the analytical - 1996, 130/131, 100
Aquinas, St. Thomas
St Thomas Aquinas, property and the role of the state - 1989, 100/101, 46

PLANNING
ethical issues, problems and solutions - 1973, 40, 83

PRISONS
death penalty, do better prison conditions make it more necessary? - 2006, 156, 3
European Court of Human Rights: cases concerning prisoners - 2001, 146, 5
prisoners' rights, their nature and methods of enforcement - 1980, 66/67, 60
resettlement & rehabilitation, need for a consistent focus on - 2006, 157, 4
training programmes - 1990, 106/107, 2

RACE RELATIONS
avoidance of riots, need for social and economic justice - 1970, 28, 109
clubs and associations not sections of the public' - 1974, 43, 78
immigration in UK - 1970, 28, 109
multi-faith views on prison chaplaincy - 2004, 152, 8
Muslims not protected by legislation - 1990, 106/107, 3
religious observances, whether covered by anti-race legislation - 1980, 66/67, 103

ROMAN CATHOLIC CHURCH
autonomy concerns with regard to Inter Vivos religious giving & charitable trusts (affecting land) in Nineteenth Century England - 2006, 157, 17
bequests to solely contemplative orders can't be charitable trusts but can be gifts to individual members (Nineteenth Century England) - 2006, 157, 17
Bishop's Conferences: functions of & relationship to national life - 2002, 149, 92
Buckfast Abbey School, legal challenge to the closure of - 1998, 136/137, 58
certificates of approval for Catholic teachers in Scotland - 1995, 124/125, 40
canon law, foundations for the development of, in Latin & Greek Churches - 2006, 157, 7
canon law, purpose of & basis in a secure ecclesiology - 2000, 145, 52
capital punishment, discussion of church teaching on - 2006, 156, 3
capital punishment: progress in doctrine - 2006, 156, 24
capital punishment: recent Catholic thought - 2006, 156, 11
Catholic concerns on Bland case & conjoined twins case - 2002, 148, 65
Catholic Roadwatch: organisation to highlight road safety issues - 2006, 157, 57
Catholic Social Teaching: a protestant appreciation & analysis - 2000, 145, 38
charitable status?, do gifts for religious purposes have - 1997, 132/133, 63
Charitable Trusts: public benefit of ministry & Masses in law - 1995, 126/127, 72
charitable trusts for purposes: legal characteristics of, in Nineteenth Century England - 2006, 157, 17
Chesterton and positivist penology - 1984, 80/81, 7
Christian worship in schools, legal requirements & debate on - 1995, 124/125, 31
church and state, the nature of relations between - 1984, 82/83, 90
clergy, maintenance of, in the Italian Catholic Church - 2005, 155, 137
cloning, reproductive & therapeutic, opposition to - 1999, 142/143, 100
Conference of Solicitors Acting for Catholic Dioceses and Religious Orders - 1983, 76/77, 2
conscientious objection to military service, support for right to - 2003, 151, 180
consent to medical treatment, Catholic teaching on - 1993, 116/117, 19
Declaration of Christian Freedoms, A, full text reproduced - 1969, 22, 13
dependance of the Italian Catholic Church on the state as source of income - 2005, 155, 137
divorce and remarriage, church teaching on - 1968, 20, 96
ecclesiology, Catholic & Protestant conflicting views on - 2000, 145, 56
Equality Act (Sexual Orientation) Regulations, homosexuality as an identity & legal right (regarding adoption) - 2007, 159, 114
equality legislation - concerns over conflicts with Catholic values - 2007, 159, 136
employment conditions & expectations of Catholic teachers: principles/practice - 1995, 124/125, 40
employment rights of clergy, views of the different Churches on giving these - 2006, 156, 59
E.U. employment law: possible effects on church schools - 2002, 148, 4
first Canon Law Conference in 1968 - 1968, 20, 84
gifts and trusts: distinction can affect legal enforceability of religious giving (Nineteenth Century England) - 2006, 157, 17
governance of the Church & lack of lay participation - 2004, 153, 128
heresy: the Balasuriya affair - 1997, 134/135, 4
historical development of Catholic Church's stance on human rights - 2001, 146, 28
Human dignity, the common good, subsidiarity, solidarity & structural sin - 2000, 145, 38
human rights, declarations of the Pope's on - 2001, 146, 28
human rights, respect for within the Church - 2001, 146, 28
human rights, their practice in the Church - 1989, 100/101, 5
human rights: values for a Godless age? - 2001, 146, 28
Humanae Vitae, original language - 1969, 22, 21
'idea' of Christianity (Newman) - 2005, 154, 35
influence on law making - 1990, 104/105, 5 and 20
international stage, Augustinian worldview informs recent Vatican dialogue on the - 2007, 158, 30
John Paul II: contributions to law and justice - 2005, 154, 4
just war, Catholic teaching on, and proposed extensions - 2003, 151, 96
justice & mercy for lawyers (eg should lawyers be involved in divorce) - 2002, 148, 2
lack of catholic legal education - 1974, 45, 176
Lord Chancellor can be Catholic, confirmation that - 2002, 149, 72
marriage in Eastern & Western Canon Law (in the First Millennium) - 2006, 157, 7
marriage (nature of), divorce and remarriage & mixed marriages in Greek & Latin Churches - 2006, 157, 7
modern Biblical criticism, the case against - 1999, 142/143, 106
National Church, can the Catholic Church claim to be a? - 2002, 149, 77
National Church, problems in viewing Catholic church as a - 2002, 149, 92
National Churches, Eastern Catholic Churches as - 2002, 149, 92
nuclear weapons, some statements of the Catholic Church on - 1997, 132/133, 65
parish council constitutions - 1969, 24, 113
priests as agents of the Church in civil law - 1979, 60/61, 64
privacy, the right to, in Roman law & canon law - 1998, 136/137, 39
refusal of medical treatment, theological perspectives - 1989, 100/101, 58
rights & duties of the faithful in Catholic Church - 1997, 134/135, 4
should law be Christian? - 1988, 96/97, 12
slavery: reaons why Catholics didn't officially condemn until very recently - 2007, 158, 23
slavery in history of Catholic Church: theory & practice - 2007, 158, 23
subsidiarity, a positive theological, social & Biblical analysis of the Catholic concept of - 2003, 151, 111
subsidiarity, an attack on the Catholic concept of - 2002, 148, 46
subsidiarity (as formulated by Pius XI), reflections on - 2005, 154, 31
subsidiarity informing varying terms of Vatican engagement with different international regimes - 2007, 158, 30
succession to the throne, do human rights overturn the prohibition on this for Catholics? - 2005, 154, 27
suicide & euthanasia, the Catholic position on - 2003, 150, 51
Tradition as a source of revealed truth, an attack on - 1999, 142/143, 106
Tradition in the Catholic church, a defence of - 2000, 145, 52
trustees & governors in R.C. schools, duties & legal issues - 1994, 120/121, 3
Vatican II, progressions in theology not immediately paralleled in Church's legal structures - 2007, 158, 30
Vatican Concordats (post-conciliar): impact of religious perspectives on international law - 2007, 158, 30
Vatican Concordats (post conciliar) reveal different Church/State relationships eg two sovereignties with Italy/Spain, autonomy with post-communist countries, tolerance with Islamic States - 2007, 158, 30
Vatican Concordats (post-conciliar) see international law as system for dispute resolution in religious freedom disputes (not just set of ideological statements) - 2007, 158, 30
Vatican shift away from Church as Societas Perfecta to deeper engagement with wider (and differing) politics after Vatican II - 2007, 158, 30
Declaration on Religious Freedom
annotated text - 1984, 82/83, 117
church-state relations, effect on - 1981, 70/71, 66
conceptions of the purpose of the statement on religious freedom - 1970, 26, 6
constitutional background - 1984, 82/83, 114
moral and juridical orders, the distinction between - 1984, 82/83, 90
nature of rights under - 1981, 70/71, 71
proceedings at Second Vatican Council - 1984, 82/83, 81
prospective impact on secular societies and the Church - 1970, 26, 6
"religion" and "belief", meaning of - 1984, 82/83, 105
"religion" meaning of - 1984, 82/83, 86
'religious practice', meaning of - 1984, 82/83, 105
ecumenism
shared church project at Cippenham - 1969, 23, 73
sharing of church buildings - 1970, 27, 44
religious freedom
historical teachings on - 1970, 26, 6
Murray, J. S., contribution to debate on religious liberties - 1969, 22, 6
scope and protection of under a bill of rights - 1979, 60/61, 8
theological basis for - 1984, 82/83, 100
Australia
gay rights activist wins discrimination case against Catholic Schools - 2002, 148, 4
Italy
Catholics treated more favourably than other faiths in teaching of religion - 2004, 152, 44
dependance of the Italian Catholic Church on the state as source of income - 2005, 155, 137
maintenance of clergy in the Italian Catholic Church - 2005, 155, 137
relations between Italian State and Catholic Church eg Patti Latteranensi (1929) - 2004, 152, 44
Latin America
Vatican Concordats with Latin America still see Church as societas perfecta - 2007, 158, 30
Republic of Ireland
Catholic teacher dismissal due to conduct upheld despite no contract breach - 1995, 124/125, 54
Spain
different treatment for Catholic as opposed to other religious groups - 2004, 152, 44
legal situation of Catholics in Spain: agreements, education, funding - 2004, 152, 44
requisites for inclusion of R.C. clergy in Social Security systems - 2004, 153, 100
special status of R.C. ministers of religion relative to other denominations - 2004, 153, 100
special treatment of Catholic religion when providing religious teaching in Spanish state schools (due to treaty) - 2007, 158, 54
teaching of religion in Spanish state schools, practical problems of - 2007, 158, 54

RULE OF LAW
breaking the law and non-coercion clauses in legislation - 1967, 16, 54
can the rule of law be abandoned? - 2005, 154, 35
derogation from, criteria for - 1972, 34, 5
European Convention on Human Rights: upholding the rule of law as essential - 2001, 146, 5
importance of, and disregard by Hitler - 2003, 150, 10
judgement as justification for political rule - O'Donovan - 2006, 156, 37
judicial independence, principles for securing - 1989, 102/103, 44 and 55
judicial independence, problems with and protection of, in Latin America - 1989, 102/103, 30
legal systems that hold all men equal compared to police states - 2003, 150, 10
Magna Carta, asserting the rule of law - 2001, 146, 5
regime change in Iraq, squaring this with the rule of law - 2005, 154, 35
United States of America
perversion of system of justice by criminals - 1979, 60/61, 32

TAXATION
arbitrary suspension of own powers by Inland Revenue unconstitutional -1980, 64/65, 40
community charge, arguments for non payment - 1990, 106/107, 5
estate duty, exemption for gifts in consideration of marriage - 1972, 36, 115
illegitimacy, advantages of - 1982, 74/75,
principles of interpretation of statutes - 1972, 36, 113

TRUSTEES
Buckfast Abbey School, legal challenge to the closure of - 1998, 136/137, 58
charitable trusts, investment duties of trustees - 1992, 112/113, 68
Charity Commissioners can authorise proceedings without consulting trustees - 1998, 136/137, 58
development of equitable remedies & trusts - 2003, 150, 10
gifts and trusts: distinction can affect legal enforceability of religious giving (Nineteenth Century England) - 2006, 157, 17
investment powers and duty to maximise financial benefits - 1990, 106/107, 60
morality of investment policies - 1990, 106/107, 3
power to make gifts out of bequests - 1971, 32, 115
religious trusts, approaches to resolving issues involving order and doctrine - 2006, 157, 29
schools, roles & functions of trustees in Catholic maintained schools - 1994, 120/121, 3

UNBORN CHILD
animal-human hybrids: HFEA decision on - 2007, 159, 136
abortion can be opposed on the same grounds as slavery - 2007, 158, 4
ad hoc approach to jurisprudence of law regarding the - 1978, 58/59, 64
Congenital Disabilities (Civil Liability), text of draft bill - 1976, 50, 35
designer babies to cure siblings, ethics of - 2004, 152, 93
embryos created by Cell Nuclear Replacement, does statute law regulate these? - 2003, 150, 88
legislative proposals by Law Commission - 1972, 37, 118
life, when it begins -1968, 19, 42; 1974, 44, 101
moment when personhood arrives in the embryo - 2004, 152, 93
mother's autonomy / bodily integrity v. fetus' right to life, ethics of - 1999, 140/141, 43
thalidomide, issues arising from cases - 1968, 18, 2
duty of care
claim for pre-natal injury, comparative position in US, UK and Australia - 1989, 102/103, 68
examination of principles of - 1972, 36, 88
jurisdiction relating to place where act or omission complained of -1972, 34, 35
position of parents and their - 1974, 42, 42
whether owed to foetus - 1968, 18, 2

legal persona
council accommodation, unborn child to be taken into account when giving - 1995, 126/127, 138
existence of a - 1972, 36, 88
foetus subjected to violence, legal status of - 1998, 136/137, 68
lack of - 1990, 104/105, 83
legal status of - 1999, 140/141, 43
meaning of 'person' - 1982, 72/73, 6
resumé of recent British cases - 1991, 110/111, 66
review of cases and literature - 1989, 102/103, 82
road collisions, no status for unborn when killed in - 2006, 157, 57
protection of
comparative review of foetal rights at law and under constitutions - 1978, 58/59, 81
constitutional position of, in Europe and USA -1990, 104/105, 55
father's rights - 1978, 58/59, 68
natural law foundations of the right to life - 1977, 54/55, 132
no representation for an unborn child in an abortion case - 1996, 128/129, 50
wardship availability - 1990, 104/105, 83
wrongful life
damages for economic loss - 1978, 58/59, 110
giving rise to cause of action - 1976, 50, 22
whether duty to abort when foetus has serious abnormalities - 1982, 72/73, 60
Canada
duty of care owed - 1973, 38, 28
Poland
European Court rules that denying a lady abortion violated her human right to respect for private life - 2007, 158, 81
State must provide mechanism for determining conditions for obtaining lawful abortion (ECHR) - 2007, 158, 81
Republic of Ireland
personal rights, limitation to persons born alive - 1978, 58/59, 81
protection of the unborn child under the constitution - 1985, 84/85, 18
right to life referendum for amendment of constitution - 1984, 80/81, 2
Scotland
liability for ante-natal injuries - 1974, 42, 2
South Africa
nasciturus rule not available in the case of impending abortion - 1984, 80/81, 71

WELFARE STATE
council accommodation, unborn child to be taken into account when giving - 1995, 126/127, 138
disabled needs, local authority must take available resources into account - 1998, 136/137, 66
family breakdown, interplay with welfare state - 1993, 118/119, 111
mandatory & discretionary provision, budgets for providing disability grants - 1999, 140/141, 77
weakening of marriage causing financial costs to the state - 1996, 128/129, 35
welfare as a deterrent to asylum claims - 1998, 138/139, 80
welfare law, families & benefits - 1996, 128/129, 29
Republic of Ireland
philosophy and practice since 1945 - 1983, 78/79, 78
Spain
ministers of religion and social security law - 2004, 153, 100
United States of America
care for the elderly, economic and moral considerations - 1986, 90/91, 110

 

 

 

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