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Secularizing a Religious Legal System: Ecclesiastical Jurisdiction in Early Eighteenth Century England Cover

Secularizing a Religious Legal System: Ecclesiastical Jurisdiction in Early Eighteenth Century England

By: Troy L. Harris  
Open Access
|Jul 2019

Abstract

The early eighteenth-century English ecclesiastical courts are a case study in the secularization of a legal system. As demonstrated elsewhere, the courts were very busy. And yet the theoretical justification for their jurisdiction was very much a matter of debate throughout the period, with divine-right and voluntaristic conceptions vying for precedence. Placed in this context, the King’s Bench decision in Middleton v Crofts (1736) represented an important step in the direction of limiting the reach of ecclesiastical jurisdiction, and did so on grounds that undermined divine-right justifications of the ecclesiastical court system as a whole.

DOI: https://doi.org/10.2478/bjals-2019-0001 | Journal eISSN: 2719-5864 | Journal ISSN: 2049-4092
Language: English
Page range: 1 - 36
Published on: Jul 19, 2019
Published by: Birmingham City University
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2019 Troy L. Harris, published by Birmingham City University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.