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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.
Offering a broad and eclectic approach to the experience and activities of early modern women, Challenging Orthodoxies presents new research from a group of leading voices in their respective fields. Each essay confronts some received wisdom, ’truth’ or orthodoxy in social and cultural, scientific and intellectual, and political and legal traditions, to demonstrate how women from a range of social classes could challenge the conventional thinking of their time as well as the ways in which they have been traditionally portrayed by scholars. Subjects include women's relationship to guns and gunpowder, the law and legal discourse, religion, public finances, and the new science in early modern Europe, as well as women and indentured servitude in the New World. A testament to the pioneering work of Hilda L. Smith, this collection makes a valuable contribution to scholarship in women’s studies, political science, history, religion and literature.
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