The Profession of Ecclesiastical Lawyers: An Historical Introduction. By R. H. Helmholz. Cambridge: Cambridge University Press, 2019. Pp. 248. $116.00 (cloth); $34.99 (paper); $28.00 (digital). ISBN: 9781108499064.

IF 0.6 0 RELIGION
Stephen Coleman
{"title":"The Profession of Ecclesiastical Lawyers: An Historical Introduction. By R. H. Helmholz. Cambridge: Cambridge University Press, 2019. Pp. 248. $116.00 (cloth); $34.99 (paper); $28.00 (digital). ISBN: 9781108499064.","authors":"Stephen Coleman","doi":"10.1017/jlr.2022.48","DOIUrl":null,"url":null,"abstract":"The history of English law is a discipline within legal study that has long been well served by scholars. More recently within this field there has been a renaissance in the scholarship on the history of the legal profession, with a focus on the common lawyers, trained at the Inns of Court, including that by Sir John Baker, who in his work Monuments of Endlesse Labours: English Canonists and Their Work, 1300–1900 (1998), produced a splendid collection of short biographies of the English civilians. However, what this field of scholarship has lacked is a substantial study of thewhole community of lawyers in Englandwho practiced in the church courts both before and after the sixteenth century Reformation. There could hardly be anyone more qualified than the legal historian R. H. Helmholz to undertake this work and fill this gap for, as he says in the preface to his The Profession of Ecclesiastical Lawyers: An Historical Introduction, “it has enabled me to make good use of information uncovered in the course of my research from the archives of the English ecclesiastical courts—a task and pleasure that has occupied virtually all of my academic career, now over fifty years in length” (ix). What makes this work so valuable is that it is more than a history of the ecclesiastical law or even a history of the church courts. Rather the study comes alive because it delves into the lives and personalities of those who practiced ecclesiastical law from the medieval period to the nineteenth century. As Helmholz says in making a comparison to his earlier works, “I have endeavoured to put [the people] back” (ix). The book is organized into two parts. In the first, “The Profession Described” Helmholz surveys the profession in the period, looking at the law that regulated the professional conduct of the lawyers, the nature of the lawyers’ education, and their reaction to both the English Reformation and the build-up to the English Civil War. He begins with terminology and categorization: in the same way that the common law divides its lawyers into barristers and attorneys, so those who administered the church law are either advocates or proctors. Helmholz describes this highly stratified and regulated profession, from the regulators (pope to archbishop) to the professional ethics applicable to these lawyers. Next, he deals with their education: the study of civil and canon law at the universities, subjects studied, mode of study, and methods of assessment. In his chapter on the reaction of the","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"29 22 1","pages":"168 - 169"},"PeriodicalIF":0.6000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Religion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/jlr.2022.48","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"RELIGION","Score":null,"Total":0}
引用次数: 0

Abstract

The history of English law is a discipline within legal study that has long been well served by scholars. More recently within this field there has been a renaissance in the scholarship on the history of the legal profession, with a focus on the common lawyers, trained at the Inns of Court, including that by Sir John Baker, who in his work Monuments of Endlesse Labours: English Canonists and Their Work, 1300–1900 (1998), produced a splendid collection of short biographies of the English civilians. However, what this field of scholarship has lacked is a substantial study of thewhole community of lawyers in Englandwho practiced in the church courts both before and after the sixteenth century Reformation. There could hardly be anyone more qualified than the legal historian R. H. Helmholz to undertake this work and fill this gap for, as he says in the preface to his The Profession of Ecclesiastical Lawyers: An Historical Introduction, “it has enabled me to make good use of information uncovered in the course of my research from the archives of the English ecclesiastical courts—a task and pleasure that has occupied virtually all of my academic career, now over fifty years in length” (ix). What makes this work so valuable is that it is more than a history of the ecclesiastical law or even a history of the church courts. Rather the study comes alive because it delves into the lives and personalities of those who practiced ecclesiastical law from the medieval period to the nineteenth century. As Helmholz says in making a comparison to his earlier works, “I have endeavoured to put [the people] back” (ix). The book is organized into two parts. In the first, “The Profession Described” Helmholz surveys the profession in the period, looking at the law that regulated the professional conduct of the lawyers, the nature of the lawyers’ education, and their reaction to both the English Reformation and the build-up to the English Civil War. He begins with terminology and categorization: in the same way that the common law divides its lawyers into barristers and attorneys, so those who administered the church law are either advocates or proctors. Helmholz describes this highly stratified and regulated profession, from the regulators (pope to archbishop) to the professional ethics applicable to these lawyers. Next, he deals with their education: the study of civil and canon law at the universities, subjects studied, mode of study, and methods of assessment. In his chapter on the reaction of the
英国法律史是法律研究中的一门学科,学者们长期以来一直很好地服务于此。最近,在这一领域内,关于法律职业历史的学术研究出现了复兴,重点关注在法院学院接受培训的普通律师,包括约翰·贝克爵士,他在他的著作《无尽劳动的纪念碑:1300-1900年的英国圣徒和他们的工作》(1998)中,出版了一本关于英国平民的精彩短篇传记。然而,这一学术领域缺乏的是对16世纪宗教改革前后在英国教会法院执业的整个律师群体的实质性研究。几乎没有人比法律历史学家r·h·赫尔姆霍兹更有资格从事这项工作,填补这一空白,正如他在《教会律师职业》的序言中所说:在《历史导论》中,“它使我能够很好地利用我在研究过程中从英国教会法院档案中发现的信息——这是一项任务和乐趣,几乎占据了我整个学术生涯,现在已经超过50年了”(ix)。使这部作品如此有价值的是,它不仅仅是一部教会法的历史,甚至是一部教会法院的历史。更确切地说,这项研究之所以充满活力,是因为它深入研究了从中世纪到19世纪那些实践教会法律的人的生活和个性。正如Helmholz在与他早期的作品进行比较时所说,“我已经努力把[人民]放回去”(九)。这本书分为两部分。在第一部分,“职业描述”中,Helmholz调查了那个时期的职业,研究了规范律师职业行为的法律,律师教育的性质,以及他们对英国宗教改革和英国内战的反应。他从术语和分类开始:就像普通法将其律师分为出庭律师和律师一样,因此那些执行教会法的人要么是辩护律师,要么是监事。Helmholz描述了这个高度分层和受监管的职业,从监管者(教皇到大主教)到适用于这些律师的职业道德。接下来,他谈到了他们的教育:在大学学习民法和教会法,学习科目,学习模式和评估方法。在他关于反应的章节中
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
CiteScore
1.30
自引率
0.00%
发文量
55
期刊介绍: The Journal of Law and Religion publishes cutting-edge research on religion, human rights, and religious freedom; religion-state relations; religious sources and dimensions of public, private, penal, and procedural law; religious legal systems and their place in secular law; theological jurisprudence; political theology; legal and religious ethics; and more. The Journal provides a distinguished forum for deep dialogue among Buddhist, Confucian, Christian, Hindu, Indigenous, Jewish, Muslim, and other faith traditions about fundamental questions of law, society, and politics.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信