"Ecclesiastical law" refers to the rules and regulations that govern the practices and behaviors within religious institutions, particularly the Christian church. These laws are established by religious authorities and are intended to guide the conduct of clergy, church members, and the church itself.
Full definition
Even the celebrated divorce of King Henry VIII did not keep the
English ecclesiastical law of marriage in the late sixteenth century from looking very much like the Catholic canon law of marriage of a century or two before.
What Thomas Aquinas argued against heretics had already been codified in both civil and
ecclesiastical law for at least two generations.
All that occurred under Innocent III in 1215 was the proclamation of the formal marriage banns, thus solidifying
in ecclesiastical law the long - developing sacramental understanding of marriage.
Today this appeal is especially focused on turning what Paul says about homosexuality into moral and
ecclesiastical laws.
What is received is not only doctrinal truths but also disciplinary matters,
ecclesiastical laws and customs, as well as persons.
The freedom of the Christian man which Luther rewon for the Christian is that which comes from seeing that no arbitrary rule,
ecclesiastical law, or abstract principle takes precedence over this concrete necessity and our conscientious response to it.
Instead of working to achieve consensus on contested theological and moral issues, legislatively driven agendas are designed to end debates by reducing the issue to two sides and then enacting one side into church policy and
ecclesiastical law.
In 2004, Diane was installed as Chancellor of the Episcopal Church of Newark, where she serves as special legal advisor to the Bishop and oversees all legal matters for the 113 - church Diocese, including employment, real estate, transactional work, clergy discipline,
ecclesiastical law and litigation.
Furthermore, even when «civil contract» terminology is used in statute, it can not drive a wedge between the general and
the ecclesiastical law of marriage: a union authorised by law must be recognised equally as a lawful union by the officers and tribunals of the national religion (Thompson v Dibdin [1912] AC 533) except to the extent that parliament limits parishioners» rights in order to protect individual clerical consciences.
Author: Frank Cranmer is Secretary of the Churches» Legislation Advisory Service, an honorary research fellow at Cardiff Law School, parliamentary and synod editor of
the Ecclesiastical Law Journal and joint casenotes editor of Law & Justice.
He is on the editorial advisory committee of
the Ecclesiastical Law Society's journal.