Religious Confession Privilege and the Common Law


Book Description

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.




Pastor, Church & Law


Book Description




Did America Have a Christian Founding?


Book Description

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).







Law of Privilege


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The Sacrament of Penance and Religious Life in Golden Age Spain


Book Description

"Explores the role of the sacrament of penance in the religion and society of early modern Spain. Examines how secular and ecclesiastical authorities used confession to defend against heresy and to bring reforms to the Catholic Chiurch"--Provided by publishers.




The Seal


Book Description

"The Seal: A Priests Story" recalls the true story of an outrageous violation of religious liberty which created an unprecedented rift between the powers of Church and State. When a priest recieved the sacramental confession of a jailed inmate, in which forgiveness is offered by God alone, he did not realize that the sacred priest-penitent communication had been secretly tape recorded. Would it have helped solve the case? Or has the law violated a persons religious right? The story explores uncharted legal territory in this first impression case involving a priest, a penitent, a district attorney and the Catholic Church. It was the first time a violation of the seal of confession was alleged in a capital case in the United States, and the first time an attempt was made in court to define a violation of the seal of the confessional as a First Amendment violation. With a compelling Foreword by Francis Cardinal George, Archbishop of Chicago, this book of narrative non-fiction, written in a unique first person voice, will be of interest to Catholics and non-Catholics, clergy and parishioner alike across this nation, all people of faith, and readers independent of religious affiliation. Citizens concerned with the infringement of our Constitutional rights,in particular the right to religious freedom and privacy, and those in the legal profession will find this book a fascinating study. In the endless debate over the role of religion and faith in public life, this case offers a distinct contribution to that dialogue and presents a significant test of our American Constitution. Delve into the controversial incident that teeters dangerously between morality and ethics, law and religion. This very personal and public story is a compelling read. What Others have said: "The Seal" serves as a sharp reminder that we cannot take religious freedom for granted or stand aside when it is under duress . . ." (Francis Cardinal George - Archbishop of Chicago) "This revelation of a brazen attempt to violate the sacred privacy of the confessional and the constitutional rights of a vulnerable suspect should alert all of us. What happened in Oregon is a warning. I highly recommend this book." (Sr. Helen Prejean, Author: "Dead Man Walking" and "The Death of Innocents." "This case has more twists and turns than an Agatha Christy novel." (Sean Hannity - Fox News Network) "This is the ultimate nightmare between Church Law and Constitutional Law." (Roger Cossack - CNN). "This is unprecedented in American history . . .a Nazi tactic . . . the relationship between a priest and a penitent is sacred and cannot be violated . . ." (William Donohue - Catholic League for Religious and Civil Rights). "Out of nowhere, as it must have seemed, the performance of a rite . . . enshrined in secrecy became a matter for the media, for the courts, for the public at large . . . (Judge John Noonan - 9th Circuit Court of Appeals: 1/27/97)




Religious Confession Privilege and the Common Law


Book Description

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.




Guide for Confessors


Book Description

This rich classic passed out of common usage years ago, but here we find it restored for the first time to the benefit of the English reader. St. Alphonsus transformed the landscape of the experience of this Reconciliation, and our confessional experience would be unthinkable without his saintly, intellectual, and pastoral prowess. While the cultural and historical context is amazingly fascinating, it necessitates peeling back those layers to see the glimmering treasure within. For that reason, this edition provides an introductory essay that steps lightly to take note of these difference for a fruitful reception of the saint's genius. May all readers benefit for the greater glory of God.