By A. Keith Thompson
Does non secular confession privilege exist at universal legislations? so much facts legislation texts solution no. This research exhibits that the majority of the situations relied upon for the no spiritual confession privilege end are usually not authority for that end. The beginning of the privilege within the canon legislation within the first millennium advert is traced and its reception into universal legislations is documented. facts that spiritual confession privilege keeps unbroken at universal legislations via to the current day is of noticeable value in jurisdictions the place there is not any suitable statute. an accurate realizing of the typical legislation extant prior to statutes have been handed will effect even if these statutes are widely or narrowly interpreted. The publication additionally brings the reader brand new at the country of spiritual confession privilege within the usa, Canada, England, Wales, Scotland, eire, Australia, New Zealand and South Africa.
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Additional info for Religious Confession Privilege and the Common Law
A list of possible policy rationales for a contemporary confidential religious communications privilege is then constructed from divers sources including L’Heureux-Dubé J’s minority view in R v Gruenke; McNicol’s “Law of Privilege”; and Wright and Graham’s “Federal Practice and Procedure”. That list is then considered in detail along with suggestions that a religious confession privilege can also be justified in policy by theological considerations. Ultimately however, Wigmore’s intuition that a confidential religious communications or confession privilege will only be justified to the extent that the relevant society values freedom of religion, is found compelling.
Though the historical analysis provided by this book provides material that would have enabled courts in the United Kingdom to consider religious confession and confidential communications in a more informed way than was previously possible, the direct applicability of the freedom of religion required under the European Convention by virtue of the Human Rights Act has changed the issues that UK courts must consider when religious confession privilege cases arise in the future. This chapter therefore analyses the tools provided by the Human Rights Act to ensure that European Convention Rights are protected in Britain in practice – and how those tools are being used by the courts in freedom of religion cases.
50 R v Gilham (1828) 1 Moody 186, 187; 168 ER 1235. Religious Confession Privilege in Early Evidence Texts 19 entailed the confession of all his sins; the need to repair any injury done to his fellow man and to the laws of his country; and his belief that Gilham had done “the dreadful deed” and could not be reconciled to God without confession. After the chaplain departed, and despite a very clear caution from the gaoler that he was obliged to pass on anything he learned from Gilham to the mayor and magistrates, Gilham confessed his commission of Maria Bagnall’s murder to the gaoler.
Religious Confession Privilege and the Common Law by A. Keith Thompson