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It is imperative in the day and age in which we live, that Christian leaders understand the law as it relates to pastors, churches, and non-profit organizations. Christian Leaders must have an understanding of the laws affecting pastors, and why they are important for church boards and ministers to know. Dr. Charles C. Lantz uses court cases to help define and explain the legal distinction of ministerial status and its implications for pastors and church boards. This brief and concise handbook on Church Law addresses clergy employment contracts, compensation, termination, legal privileges and conditions of ministers, and the legal authority of ministers on behalf of the church. Also, the more common theories of clergy legal liability are examined. The laws of today are more complex than they ever have been, and lawyers are in the business of making “BIG BUCKS.” They are able to do this because, unfortunately, many pastors and church leaders are ignorant about the law. There are now more legal problems and lawsuits against churches than in any other era. Therefore, it is imperative that the minister/pastor be aware of legal issues, and potential problems that can come their way if they are not careful in handling church members, non-members and counseling situations, in particular. Church leaders must become aware of the potential legal problems that can result from relationships with parishioners, as well as legal problems with employees. Pastor, beware of the dangers that are lurking in the world of lawyers, lawsuits, and the American Legal System. Every Pastor, Full-Time Church Leader, and Christian Minister, needs to purchase a copy of this concise handbook on Church Law.
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In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
"Drawing upon new manuscript discoveries, the author shows how Burchard tried to create a new text that would address these problems. He carefully selected and compiled canons from earlier collections and then went on to tamper systematically with the texts he had chosen. By doing so, he created a book of church law that appeared to be based on indisputable authority, that was internally consistent and that was easy to apply through logical extrapolation to new cases. The present study thus provides a window into the development of legal and theological reasoning in the medieval West, and suggests that, thanks to the work of ambitious bishops, the flowering of law and theology began far earlier, and for different reasons, than scholars have heretofore supposed."--BOOK JACKET.
Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.
How does the Old Testament Law fits into the arc of the Bible, and how it relevant to the church today? Exploring how God intended the Law to work in its original context as well as the New Testament perspective on the Law, Richard Averbeck argues that the whole Law applies to Christians—our task is to discern how it applies in the light of Christ.
Legal scholars and authorities generally agree that the law should be obeyed and should apply equally to all those subject to it, without favour or discrimination. Yet it is possible to see that in any legal system there will be situations when strict application of the law will produce undesirable results, such as injustice or other consequences not intended by the law as framed. In such circumstances the law may be changed but there may be broad policy reasons not to do so. The allied concepts of dispensation and economy grew up in the western and eastern traditions of the Christian church as mechanisms whereby an individual or a class of people could, by authority, be excused from obligations under a particular law in particular circumstances without that law being changed. This book uncovers and explores this neglected area of church life and law. Will Adam argues that dispensing power and authority exist in various guises in the systems of different churches. Codified and understood in Roman Catholic and Orthodox canon law, this arouses suspicion in the Church of England and in English law in general. The book demonstrates that legal flexibility can be found in English law and is integral to the law of the Church, to enable the Church today better to fulfil its mission in the world.
This handy reference provides a compact overview of the most important canonical issues facing pastoral ministers today. Arranged by topic, this resource offers a thorough summary of church law along with helpful sections of frequently asked questions at the end of the chapters.