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The Liberties of the Church and the City of London in Magna Carta
Ecclesiastical Law Journal ( IF 0.6 ) Pub Date : 2016-08-08 , DOI: 10.1017/s0956618x1600051x
A Keith Thompson

This article identifies the liberties of the Church and the City of London which were intended to be protected by Magna Carta from 1215. The liberties intended were a recognition of a form of autonomy for the Church and the City and have no connection with the individual freedoms that are identified for protection by modern human rights instruments. The clauses in Magna Carta conferring that autonomy are among the very few that have not been repealed, but they have not been asserted for hundreds of years. While the idea of church autonomy has resonance with the ideas of subsidiarity and sphere-sovereignty developed in Catholic and Calvinist social teaching from the late nineteenth century, recent American jurisprudence suggests that religious autonomy may be the best way to defend religious liberty in the future. This article suggests that, just as English kings were persuaded to provide towns, colonial endeavours and eventually corporate free enterprise with limited autonomy for a fee, so charters conferring limited autonomy on religious communities may provide a philosophical and practical basis from which to defend religious liberty in the future, even if the assertion of individual religious liberty becomes politically incorrect.

中文翻译:

大宪章中的教会和伦敦金融城的自由

本文确定了自 1215 年起受《大宪章》保护的教会和伦敦金融城的自由。这些自由旨在承认教会和伦敦市的自治形式,与个人自由无关现代人权文书确定的保护对象。《大宪章》中赋予自治权的条款是少数未被废除的条款之一,但数百年来一直没有被主张。虽然教会自治的理念与 19 世纪后期在天主教和加尔文主义社会教义中发展起来的辅助性和领域主权理念产生了共鸣,但最近的美国法理学表明,宗教自治可能是未来捍卫宗教自由的最佳方式。这篇文章建议,
更新日期:2016-08-08
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