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JURISPRUDENCE

admission to school, who is a Jew? - 2010, 164, 95
assassination (eg of bin Laden): can it be justified? - 2005, 154, 35
Buddhist views of the nature of the state, importance of truth & of individuals, avoiding use of force and manufacture of weapons (importance to international law of) - 2010, 164, 3
case law and legal principles - 1972, 36, 88
changing model of secular government: from control to networking - 2004, 153, 128
child abuse cases: vicarious liability (Maga case and others), bar being lowered - 2011, 167, 20
church law should concentrate on essentials or could alienate non-churchgoers e.g. Jehovah's Witness ban on transfusions, Brethren ban on eating with non-members, political standpoints etc - 2012, 169, 157
clerical 'duty of care' over children likely to be rare outside of sexual abuse cases (e.g. Maga) - 2011, 167, 11
common law systems, their underlying spirit - 1969, 23, 59
Constituation of the USA, is it a living document? - 2006, 156, 3
Council of Europe: documents relating to religion & problems addressing concerns in widely different member states - 2009, 162, 36
courts, their role in remedying legislative defects - 1972, 37, 154
critical legal pluralist analysis of Begum case: multi-faceted influences & interactions - 2012, 169, 224
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
'duty of care' cases and direct liability in negligence, analysis of (especially for clerics) - 2011, 167, 11
Equality Act (Sexual Orientation) Regulations, legislation that goes beyond the purpose of government - 2007, 159, 114
European Court of Human Rights: lack of democracy in interference with domestic jurisdictions - 2009, 162, 36
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
force, should Christians support the use of this in execution of the law - 2011, 167, 3
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
Hindu dharma and it's relation to law - 2010, 164, 45
Hindu law: what is it and how does it's pluralism fit into modern international law? - 2010, 164, 45
Hindu legal system not premised on state control and formal legal processes & no strict segregation of law / religion - 2010, 164, 45
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
Islamic laws and religious practices: how these are recognised or allowed in English law - 2010, 164, 27
Jewish courts: nature and structure - 2010, 164, 63
Jewish jurisprudence: inspired texts and judges - 2010, 164, 63
Judaism: interaction of, with secular legal system (e.g. inheritance, divorce, school admissions) - 2010, 164, 63
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
law as liberation, the role of government and social justice (Norman Anderson) - 2009, 163, 110
legal and moral obligations to obey the law for Christians, nature of - 1997, 134/135, 32
legal pluralism: allowing freedom to choose against some human rights? - 2010, 165, 124
legal pluralism: difficulties incorporating multicultural rule systems - 2010, 165, 124
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
narrative accounts, use of, in legal cases - 2012, 169, 224
positivist penology - 1984, 80/81, 7
prenatal life as a legal value - 1990, 104/105, 55
Rawls, Sandel etc: accounts of justice / morality and discussion of - 2012, 169, 172
separation of powers, UK - 2000, 144, 33
separation of powers in Church governance, analysis of - 2004, 153, 128
sharia law & relationships with domestic law - 2008, 161, 75
silence, the right to, anomalies in taxation statutes - 1974, 45, 174
soft law principles & commentary to facilitate multilayered legal approaches to dealing with sacred places, spaces and events - 2011, 167, 27
sphere sovereignty: an account & analysis of - 2003, 151, 111
Stair and Blackstone: differing philosophies of law - 2012, 169, 189
Stair's Institutions: Divine law, positive laws from God, human law, principles of law - 2012, 169, 189
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
witchcraft and paganism: are they religions? - 2011, 167, 54
witchcraft in English statute & case law and changing attitudes - 2011, 167, 54
written Constitutions: a warning of Judicial politicisation - 2006, 156, 67
church and state
American Church / State separation, examples of - 2009, 162, 4
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 church polity and practice - 2012, 168, 5
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
Belgium: Church / State provisions in Constitution - 2009, 162, 4
Biblical texts on government, analysis of - 2010, 165, 172
Biblical views on justice, retribution & forgiveness: Old & New Testaments - 2005, 155, 103
Bishops, appointment of in Church of England & Monarch's Accession Declaration / Coronation - 2012, 168, 22
blasphemy incompatible with EU law? - 2008, 161, 88
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
Christian thinkers on Church law and State law distinction - 2012, 169, 172
'Christianism' as a framework for law & society - 1994, 120/121, 32
Christianity & government: views of Augustine, Aquinas, Luther, Calvin & O'Donovan - 2010, 165, 172
church / state divide, are the courts observing it? - 2011, 166, 3
church / state relationship, Roman Catholic development of thought on - concordats to overcome legal disagreements - 2012, 168, 44
church and state, views of the reformers on - 2002, 149, 157
church and state having different roles - 1999, 142/143, 117
Church of Denmark: quasi-Erastian Church/State model - 2009, 162, 4
Church of England: establishment, protective to role of other churches? - 2012, 168, 22
Church of England: practical pros and cons of establishment (schools / chaplaincies / buildings / public rights to rites & worship) - 2012, 168, 22
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
complex relationship between Kingdom of God & secular government: comments on Blois' views (retribution / reconciliation; secular / divine law) - 2010, 165, 172
conditions for recognition of religious organisations in Austria & Slovakia - 2009, 162, 4
'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
eclectic legal approaches to regulation of specific sacred places such as Mecca, Holy See (eg domestic law, canon law, Islamic law) - 2011, 167, 27
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
establishment, different forms of, exemplified in the Anglican Church in New Zealand and Australia - 2012, 168, 62
faith-based legislative action in a 'secular state', is there a place for it? - 2009, 162, 18
financing of faith communities in Italy: providing choice to individuals & extending beyond Catholic Church - 2010, 165, 159
France: examples of Church / State relations - 2009, 162, 4
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
Latin America's State/Church history & development, religious diversity and legislation - 2009, 162, 62
media, law on religion in the (in different European countries) - 2004, 152, 68
'ministerial exception' in U.S.: arguments in favour of & important case law - 2012, 169, 210
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
Old / New Testament and Christian views on secular & moral law and of limited government - 2012, 169, 172
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 law: are these possible or desirable? - 2012, 169, 172
secular or secularist state, distinction between - 2008, 160, 25
'secular state', different types of - 2009, 162, 18
Spanish state and religious groups, agreements between - 2004, 152, 44
state taking an interest in religious matters, recent cases of - 2004, 153, 98
stricter interpretation of religious freedom in U.S. State and Statutory cases rather than in Supreme Court cases - 2009, 162, 47
theories of church & state: Anabaptist, Luther, Calvin - 2005, 155, 103
Thomas More, conflict of Church and State - 2009, 162, 2
typologys and examples of Church/State relationships: Erastianism, Theocracy, co-operationist/hybrid & separation - 2009, 162, 4
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
Buddhist views of the nature of the state, importance of truth & of individuals, avoiding use of force and manufacture of weapons (importance to international law of) - 2010, 164, 3
capital punishment, morality of - 2006, 156, 3
Catholic & Protestant social teaching & application to life - 2000, 145, 38
Christian action to leaven secular law, place of - 2010, 165, 172
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
Jewish law and morality: obligations beyond the letter of the law - 2010, 164, 63
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
Norman Anderson: seeking to understand law and morality - 2009, 163, 110
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
Buddhist views of international law based on natural law theory - 2010, 164, 3
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
Hindu law, use of natural law in - 2010, 164, 45
Jewish concepts of law, natural law and salvation - 2010, 164, 63
Murray, Fr. John Courtney, and the limitations of - 1968, 21, 132
natural law & cosmic harmony in Aquinas, Marx & eastern thought - 1994, 122/123, 121
Norman Anderson: seeking to understand natural law - 2009, 163, 110
right to life being a basic right in - 1977, 54/55, 132
slavery: inadequacy of secular jusnaturalism in opposing - 2007, 158, 4
Natural justice
Stair (Viscount): the law of Scotland and it's basis in godly Natural Law - 2012, 169, 189
Stair's Institutions: philosophical, theological, scriptural and natural law principles on which Scottish law is built - 2012, 169, 189
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
Edmund Plowden and the rule of law - 2011, 167, 5
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

 

 

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