Last edited by Tojaran
Monday, May 18, 2020 | History

1 edition of Religious confession privilege at common law found in the catalog.

Religious confession privilege at common law

a historical analysis

by A. K. Thompson

  • 290 Want to read
  • 14 Currently reading

Published by M. Nijhoff Publishers in Leiden, Boston .
Written in English

    Subjects:
  • Confession (Law),
  • Confession (Canon law),
  • Liberty of conscience,
  • Evidence (Canon law),
  • Freedom of religion,
  • Confidential communications,
  • Evidence (Law)

  • Edition Notes

    Includes bibliographical references (p. [379]-388) and index.

    StatementBy A. Keith Thompson
    SeriesStudies in religion, secular beliefs and human rights -- v. 9, Studies in religion, secular beliefs, and human rights -- v. 9.
    Classifications
    LC ClassificationsK3258 .T48 2011
    The Physical Object
    Paginationxxvii, 395 p.
    Number of Pages395
    ID Numbers
    Open LibraryOL27085228M
    ISBN 109004172327
    ISBN 109789004172326
    LC Control Number2010053774
    OCLC/WorldCa753635497

    Confession, in criminal law, a statement in which a person acknowledges that he is guilty of committing one or more crimes.. The term confession has been variously defined in the context of contemporary criminal commentators understand it broadly, so as to include admissions of criminal behaviour to private parties, admissions to law-enforcement officials not of guilt but of other. The same book tells us that "it is by popish clergymen that our English common law is converted from a rude mass of customs into an articulate system, and when the 'popish clergymen' yielding at length to the pope's commands no longer sit as the principal justices of .

    Is the Seal of the Confessional Protected by Constitutional or Common Law? that religious fi gures be required to report suspicion of child abuse Already some states and territories have indicated their intention to change their laws so as to make members of clergy subject to . Priest and Penitent Privilege Definition: The priest objected but Justice Jeune left no doubt as to the state of the common law on the subject: "(I)t was not to be supposed for a single moment that a clergyman had any right to withhold information from a court of law. "Religious confession means a confession made by a person to a member.

    The Law of the Seal of Confession. therefore the branch declareth the common law, that the privilege of confession extendeth only to felonies" "for by the common law", the Catholic religion that it would seem inconsistent with them to hold that such a privilege still prevailed at common law. Confession and the Book of Common Prayer. Despite what most evidence law texts say, religious confession privilege does exist at common law. This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in statutory form.


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Religious confession privilege at common law by A. K. Thompson Download PDF EPUB FB2

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 by: 2. 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 by: 2.

Chapter Five. Religious Communications Privilege At Common Law In: Religious Confession Privilege At Common Law From The Seventeenth To The Twentieth Century.

Chapter Five. Religious Communications Privilege At Common Law. Chapter Six. Theories About The Extinction Of Religious Confession PrivilegeAuthor: A. Thompson. ISBN: OCLC Number: Description: xxvii, pages ; 25 cm.

Contents: Introduction --Review of religious confession privilege in early evidence texts --Religious confession privilege in historical context --Religious confession and privilege in canon law --Religious confession privilege at common law from the seventeenth century to the twentieth century.

CHAPTER FOUR Religious confession privilege at common law from the seventeenth to the twentieth century - Introduction Religious confession privilege existed before there was a discrete law of evidence The practical purpose of early evidence texts as handbooks for barristers Categories in evidence law texts File Size: 1MB.

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. In United States law, confessional privilege is a rule of evidence that forbids the inquiry into the content or even existence of certain communications between clergy and church members.

It grows out of the First Amendment to the United States Constitution, the common law, and statutory enactments which may vary between jurisdictions. 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.

"Religious confession privilege and the common law" by Anthony K ThompsonCited by: 2. Get this from a library. Religious confession privilege and the common law. [A K Thompson] -- Despite what most evidence law texts say, religious confession privilege does exist at common law.

This book provides proof from both historical and common law materials with consequences even in. 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. Category: Law. Page: View: DOWNLOAD NOW» Despite what most evidence law texts say, religious confession privilege does exist at common law.

This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in. Download Citation | On Jan 1,A.K.

Thompson and others published Religious confession privilege and the common law | Find, read and cite all the research you need on ResearchGate. Religious Confession Privilege and the Common Law By A. Keith Thompson M A RTI N U S NIJHOFF PUBLISHERS LEIDEN.

BOSTON CONTENTS Table of Cases in Alphabetical Order xi Chronological Table of Statutes xxi Preface to the Book xxv Introduction 1 Chapter One Review of Religious Confession Privilege in Early Common Law Religious Confession.

[and not just] the contents of a religious confession made". Tasmania adopted the same uniform Evidence legislation inNorfolk Island inVictoria inand the Northern Territory in For discussion of the protection of religious confession privilege at. According to Mr. Edward Badeley who wrote in a most able pamphlet on the privilege of the seal of confession entitled “The Privilege of Religious Confessions in English Courts of Justice”, this manual, to which Professor Maitland also refers, enjoyed great popularity.

Religious Confession Privilege and the Common Law, Martinus Nijhoff, Leiden and Boston,pp Though Coke was said to be ‘ambiguous’ Wigmore, n24, Vol 8, p where religious confession privilege was concerned, his heirs commenting upon the law of evidence have been decisive that there was no privilege.

Religion, Human Rights and International Law by Javaid Rehman,available at Book Depository with free delivery worldwide. We use cookies to give you the best possible experience. Religious Confession Privilege and the Common Law.

Keith Thompson. 30 Apr Hardback. US$ The Privelege of Religious Confessions in English Courts of Justice Considered, in a Letter to a Friend authority benefit Book of Common bound to disclose Canon Law Canons and Constitutions Caveat Church cited Clergy Coke’s Common Law Common Prayer persons Pitt prisoner privilege of confession professional protection question quod.

During the Reformation the Church of England resisted attempts to have all references to private confession and absolution removed from the prayer book. In the 19th century, the Oxford Movement encouraged a revival of private confession, and it was accepted by some Anglo-Catholics.

Many Anglicans, however, favour the general confession and absolution of the Communion service. Religious confessions. (1) A person who is or was a member of the clergy of any church or religious denomination is entitled to refuse to divulge that a religious confession was made, or the contents of a religious confession made, to the person when a member of the clergy.

(2) Subsection (1) does not apply if the communication involved in the religious confession was made for a criminal. Thompson, A, Religious Confession Privilege and the Common Law (Leiden, ), argues that the privilege existed before the Reformation and has not been abrogated or extinguished.

Recommend this journalAuthor: Garth Blake. Here’s what you should know about religious confessions and their status under the law courtesy of Fallbrook criminal lawyer Peter M. Liss. The Catholic Church is very dedicated to the sanctity of confession and priests can actually be excommunicated from the church if they reveal something heard during confession.

While no such privilege does exist under the common law or statute law in Canada, Justice L’Heureux-Dubé’s analysis notes the practical difficulty that when religious communication is made.