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Ecclesiastical Law$
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Mark Hill QC

Print publication date: 2018

Print ISBN-13: 9780198807568

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198807568.001.0001

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The Nature and Sources of Ecclesiastical Law

The Nature and Sources of Ecclesiastical Law

(p.1) 1 The Nature and Sources of Ecclesiastical Law
Ecclesiastical Law

Mark Hill QC

Oxford University Press

This chapter examines the nature and sources of ecclesiastical law, or the law of the Church of England. It begins with a discussion of the purpose of the law of and for the Church of England, which is to regulate the functioning of the Church and its individual members by a combination of commands, prohibitions, and permissions. It then traces the historical development of ecclesiastical law, from the early Church through the Reformation and post-Reformation. It also considers the nature and effect of establishment of the Church as well as Acts of Parliament, measures, canons, and secondary legislation that have become sources of ecclesiastical law. Finally, it looks at other sources of ecclesiastical law including case law and precedent, quasi-legislation and soft law, jus divinum, custom, jus liturgicum and dispensation.

Keywords:   ecclesiastical law, Church of England, Acts of Parliament, canons, legislation, case law, quasi-legislation, soft law, jus divinum, jus liturgicum

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