Religious Confession Privilege And The Common Law

Author : A. Keith Thompson
Publisher : BRILL
ISBN 13 : 9047425790
Total Pages : 423 pages
Book Rating : 4.93/5 ( download)

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Download or read book Religious Confession Privilege and the Common Law written by A. Keith Thompson and published by BRILL. This book was released on 2011-04-11 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does religious confession privilege exist at common law? Most evidence law texts answer ‘no’. This analysis shows that most of the cases relied upon for the ‘no religious confession privilege conclusion’ are not authority for that conclusion. The origin of the privilege in the canon law in the first millennium AD is traced and its reception into common law is documented. Proof that religious confession privilege continues unbroken at common law through to the present day is of obvious importance in jurisdictions where there is no relevant statute. A correct understanding of the common law extant before statutes were passed will influence whether those statutes are broadly or narrowly interpreted. The book also brings the reader up to date on the state of religious confession privilege in the United States, Canada, England, Wales, Scotland, Ireland, Australia, New Zealand and South Africa.

Author : Edward Lowth BADELEY
Publisher :
ISBN 13 :
Total Pages : 84 pages
Book Rating : 4.75/5 ( download)

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Download or read book The Privelege of Religious Confessions in English Courts of Justice Considered, in a Letter to a Friend written by Edward Lowth BADELEY and published by . This book was released on 1865 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark Hill
Publisher : Connor Court Publishing
ISBN 13 : 9781922449900
Total Pages : 322 pages
Book Rating : 4.03/5 ( download)

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Download or read book Religious Confession and Evidential Privilege in the 21st Century written by Mark Hill and published by Connor Court Publishing. This book was released on 2021-12-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributions from: A. Keith Thompson, Robert Natanek, Patrick Parkinson, Monica Doumit, Mario Ferrante, Mark Hill QC, Christopher Grout, Andreas Henriksen Aarflot, Stephen Farrell, Gregory Zubacz, Giorgio Morelli and Eric Lieberman This collection by editors Mark Hill QC and Keith Thompson raises many questions about recent challenges to religious confession privilege whether through legislative enactment or otherwise. Is confessional practice protected by international human rights instruments and domestic constitutional norms? Is there a social benefit from sinners using confession as a means of reformation of character? How do we decide which confidences should be protected by law? Are children and the vulnerable any better protected by making inroads into the doctrinal practice of confession? While these questions are not all answered here, the different US, European and Australian contexts enable wider comparative insights not always considered within a single jurisdiction. While religious confession privilege law has evolved differently in countries with established churches, it seems that the need to accommodate other religions has led to increased tolerance of diverse belief and practice. There are also some surprises here - including the confessional nature of auditing practice in Scientology and that, until recently, it was a criminal offence in Norway and Sweden for a religious minister to disclose confidences. As former Archbishop of Canterbury, Rowan Williams says in the Foreword, no community of faith can exist without a foundation of trust. That bond is shattered when religious authorities betray trust, such as by physical or mental abuse, but confession requires confidences to be maintained for the sacrament of penance to be meaningful. This volume seeks to stimulate discussion and to inform a deeper understanding of this tangled and urgent issue.

Author : William Harold Tiemann
Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.07/5 ( download)

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Download or read book The Right to Silence written by William Harold Tiemann and published by . This book was released on 1983 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark Hill
Publisher : Connor Court Publishing Pty Limited
ISBN 13 : 9781922449924
Total Pages : 322 pages
Book Rating : 4.2X/5 ( download)

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Download or read book Religious Confession and Evidential Privilege in the 21st Century written by Mark Hill and published by Connor Court Publishing Pty Limited. This book was released on 2021-12-24 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributions from: A. Keith Thompson, Robert Natanek, Patrick Parkinson, Monica Doumit, Mario Ferrante, Mark Hill QC, Christopher Grout, Andreas Henriksen Aarflot, Stephen Farrell, Gregory Zubacz, Giorgio Morelli and Eric Lieberman This collection by editors Mark Hill QC and Keith Thompson raises many questions about recent challenges to religious confession privilege whether through legislative enactment or otherwise. Is confessional practice protected by international human rights instruments and domestic constitutional norms? Is there a social benefit from sinners using confession as a means of reformation of character? How do we decide which confidences should be protected by law? Are children and the vulnerable any better protected by making inroads into the doctrinal practice of confession? While these questions are not all answered here, the different US, European and Australian contexts enable wider comparative insights not always considered within a single jurisdiction. While religious confession privilege law has evolved differently in countries with established churches, it seems that the need to accommodate other religions has led to increased tolerance of diverse belief and practice. There are also some surprises here - including the confessional nature of auditing practice in Scientology and that, until recently, it was a criminal offence in Norway and Sweden for a religious minister to disclose confidences. As former Archbishop of Canterbury, Rowan Williams says in the Foreword, no community of faith can exist without a foundation of trust. That bond is shattered when religious authorities betray trust, such as by physical or mental abuse, but confession requires confidences to be maintained for the sacrament of penance to be meaningful. This volume seeks to stimulate discussion and to inform a deeper understanding of this tangled and urgent issue.

Author : Rex Ahdar
Publisher : Edward Elgar Publishing
ISBN 13 : 1788112474
Total Pages : 512 pages
Book Rating : 4.75/5 ( download)

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Download or read book Research Handbook on Law and Religion written by Rex Ahdar and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.

Author : P. Trudel
Publisher :
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.22/5 ( download)

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Download or read book A Dictionary of Canon Law written by P. Trudel and published by . This book was released on 1919 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Mark David Hall
Publisher : HarperChristian + ORM
ISBN 13 : 1400211115
Total Pages : 241 pages
Book Rating : 4.11/5 ( download)

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Download or read book Did America Have a Christian Founding? written by Mark David Hall and published by HarperChristian + ORM. This book was released on 2019-10-29 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished professor debunks the assertion that America's Founders were deists who desired the strict separation of church and state and instead shows that their political ideas were profoundly influenced by their Christian convictions. In 2010, David Mark Hall gave a lecture at the Heritage Foundation entitled "Did America Have a Christian Founding?" His balanced and thoughtful approach to this controversial question caused a sensation. C-SPAN televised his talk, and an essay based on it has been downloaded more than 300,000 times. In this book, Hall expands upon this essay, making the airtight case that America's Founders were not deists. He explains why and how the Founders' views are absolutely relevant today, showing that they did not create a "godless" Constitution; that even Jefferson and Madison did not want a high wall separating church and state; that most Founders believed the government should encourage Christianity; and that they embraced a robust understanding of religious liberty for biblical and theological reasons. This compelling and utterly persuasive book will convince skeptics and equip believers and conservatives to defend the idea that Christian thought was crucial to the nation's founding--and that this benefits all of us, whatever our faith (or lack of faith).

Author : R. H. Helmholz
Publisher : University of Chicago Press
ISBN 13 : 9780226326603
Total Pages : 336 pages
Book Rating : 4.08/5 ( download)

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Download or read book The Privilege Against Self-Incrimination written by R. H. Helmholz and published by University of Chicago Press. This book was released on 1997-06-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.