Authors:Ian Blaney Pages: 3 - 18 Abstract: Human remains interred in parish churchyards or in consecrated portions of local authority cemeteries are within the faculty jurisdiction of the consistory courts of the Church of England. A faculty is required for the disturbance of human remains lying within the faculty jurisdiction. This article will examine the law surrounding consecrated burial grounds in England and the disinterment of human remains therefrom and what this demonstrates about the principles of the ecclesiastical law of England relating to their protection. If ecclesiastical law provides for the protection of human remains, what is the justification for that and how adequate is the protection' The article will compare the consistory courts’ treatment of human remains with the regulation of remains outside the faculty jurisdiction, and attempt to relate canonical principles towards human remains with the legal character of consecrated ground. It will investigate whether the modern treatment of human remains is different from the treatment of remains in the past. By these comparisons I hope to better explore what justifications exist for the approach the consistory courts have taken in regulating disturbance of human remains. PubDate: 2021-01-01T00:00:00.000Z DOI: 10.1017/S0956618X20000605 Issue No:Vol. 23, No. 1 (2021)
Authors:Judith Hahn Pages: 19 - 33 Abstract: In 2008 and 2020, the Congregation for the Doctrine of the Faith published two responses to questions posed regarding the validity of modified baptismal formulas. When administering baptism, some Catholic ministers had altered the prescribed formula with regard to the naming of the Trinity and with regard to the declarative introduction of the formula (ie ‘We baptise you …’ instead of ‘I baptise you …’). The Congregation dismissed all of these formulas as invalidating baptism and demanded that individuals baptised with these formulas be baptised again. In explaining its 2020 response the Congregation referred to Thomas Aquinas, who addressed these and similar issues in his sacramental theology. This reference is evidently due to Aquinas’ pioneering thoughts on the issue. However, in studying Aquinas’ work on the subject it is surprising to find that they reveal a far less literalist approach than the Congregation suggests. In fact, his considerations point at an alternative reading, namely that sacramental formulas should be understood as acts of communication which, based on the ministers’ intention of doing what the Church does, aim at communicating God's grace to the receivers in an understandable way. PubDate: 2021-01-01T00:00:00.000Z DOI: 10.1017/S0956618X20000630 Issue No:Vol. 23, No. 1 (2021)
Authors:Bruce Kaye Pages: 34 - 49 Abstract: Habits and institutions gradually emerged in earliest Christianity. They were soon enrolled in the Roman empire and subsequently into various forms of Christendom. The English Christendom lasted many centuries and in the period of empire planted the Anglican Church in Australia. This Christendom model was fractured decisively in New South Wales in the first half of the nineteenth century. The recent Royal Commission into abuse in institutions has brought to light serious abuse in the Church and associated it with a form of clericalism. The Commission identifies this issue but does not offer any analysis of its character or causes, which has the effect of diminishing the contribution that the Commission might have made to addressing the problem. A preliminary attempt is offered in this article. PubDate: 2021-01-01T00:00:00.000Z DOI: 10.1017/S0956618X20000666 Issue No:Vol. 23, No. 1 (2021)
Authors:Jacqueline Humphreys Pages: 50 - 66 Abstract: The Church of England has committed itself to achieving net-zero carbon emissions by 2030. An important element required for success in this aim will be to amend the legislation around the management of church buildings and in particular the operation of the faculty jurisdiction. While aspects of the present system can and do facilitate some necessary change, to achieve the swift and widespread changes required within the timescale envisaged a more radical overhaul is required because the present faculty system favours the status quo, however bad that is from a carbon emissions perspective. PubDate: 2021-01-01T00:00:00.000Z DOI: 10.1017/S0956618X20000642 Issue No:Vol. 23, No. 1 (2021)
Authors:Rashri Baboolal Frank Pages: 67 - 81 Abstract: The historical evolution of tribunals in South Africa is important in understanding the stratagem of present-day tribunals. This article attempts to take the reader on a journey from before colonisation to during and after that era. The aim is to address the historical journey of tribunals from a South African perspective, and to analyse Church tribunals regarding their functions, characteristics and daily operations through certain profound cases. PubDate: 2021-01-01T00:00:00.000Z DOI: 10.1017/S0956618X20000599 Issue No:Vol. 23, No. 1 (2021)
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