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‘Saving Our Order’: Becket and the Law
Ecclesiastical Law Journal ( IF 0.6 ) Pub Date : 2021-04-27 , DOI: 10.1017/s0956618x21000028
Rowan Williams

The conflict between Henry II and Thomas Becket was often seen in the past as a collision between the first stirrings of real legal universalism (the same law for all) and claims to exemptions and immunities. Recent scholarship has seriously qualified this picture, recognising the degree to which Henry sought an unfettered authority for the Crown, overriding traditional patterns of obligation and mutuality. Becket's resistance to this was intelligible, but he was increasingly driven to oppose to it a controversial account of clerical immunity, in which the person of the cleric was sacrosanct and all punishment meted out to the cleric must be essentially reformatory in purpose. The origins of this are explored, and contemporary implications in regard to conscientious religious liberties and also to persisting high-risk cultures of clerical immunity are discussed.

中文翻译:

“拯救我们的秩序”:贝克特和法律

亨利二世和托马斯贝克特之间的冲突在过去经常被视为真正的法律普遍主义(所有人的法律相同)与豁免和豁免的主张之间的冲突。最近的学术研究认真地证明了这幅画,承认亨利在多大程度上为王室寻求不受约束的权威,超越了传统的义务和相互关系模式。贝克特对此的抵制是可以理解的,但他越来越强烈地反对一种有争议的关于神职人员豁免权的解释,其中神职人员是神圣不可侵犯的,对神职人员的所有惩罚必须本质上是为了改造。对此的起源进行了探索,
更新日期:2021-04-27
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