bluuebunny/crossref_metadata_2025 huggingface dataset:
Studies in the Language of the Shih Ching: I, The Final Particle Yi
Authors: Serruys Paul L-M
Published: August 2016

This study of yi in the Shijing tries mostly and firstly, even at the expense of smooth translation and poetic diction, to give a consistent linguistic-philological solution to the usages of this particle. Starting with a short survey of opinions proposed by Chinese, Japanese and Western scholars on yz's specific function, the author eliminates such proposals as: exclamatory final, marker of time (point of time, perfect, future), various meanings equal or quasi-identical with other particles in classical or modern Chinese, and proposes in turn a basically imperalive sense. Depending on context, its role shifts to “marker” of predictive or assertive sense, and of subordinate concessive or conditional clauses; and has special usages, as in interrogative and rhetorical phrases. Comparisons of previous translations (those of Karlgren and Waley, both of whom try to stay free from traditional readings based; Couvreur, who is faithful to the letter of Zhu Xi's commentary; Legge, who eclectically uses various Chinese commentaries; and Kobayashi and Takata, as earlier and modern Japanese views) have led the author to offer new explanations on concrete topics of the odes, but mostly new translations of certain words and new readings for certain graphs, which are argued in some detail.
Shi JingSongs as Performance Texts: A Case Study of “Chu Ci” (Thorny Caltrop)
Authors: Kern Martin
Published: August 2016

Focused on a detailed philological analysis of the sacrificial hymn “Chu ci” in theShijing, the present study aims to reconstruct the dramatic multi-vocal structure of an exemplary early Chinese performance text. Examining the interrelation between performance and commemoration from anthropological, art historical, and linguistic perspectives, the study in its first part outlines major characteristics of early Chinese ritual culture in terms of ritual self-reference, aesthetic expression, cultural memory, and the performative act of constituting ritual reality. After these historical and theoretical considerations, a fully annotated translation of “Chu ci” is offered, with the text presented in its multi-vocal structure. This structure of multiple voices and changing perspectives is then discussed through a close analysis of linguistic features such as rhyme shifts, the distribution of pronouns and formal designations for the ritual participants, and the use of formulaic prayer sequences. It is argued that these features are directly interrelated and, if seen together, allow us to reconstruct “Chu ci” as an actual performance text that can be related to specific practices and situations of early Chinese ritual culture. It is concluded that only such a reconstruction renders the text fully intelligible, integrating all its otherwise unruly linguistic elements into a coherent reading. In view of the evidence from “Chu ci,” it is suggested that its multi-vocal structure is not a singular phenomenon but reflects a principle of composition that might also apply to other early Chinese ritual texts.
On the Meaning ofShangIn The Shang Dynasty
Authors: Chang Kwang-chih
Published: August 2016

For nearly a century scholars have debated the meaning of the oracle ¬bone graphshang商 used by the Bronze Age theocracy in reference to itself and one of its settlements. Since the Zhou, the wordshanghas borne a political significance as the term for a ruling power group, yet there is no agreement as to the graph's meaning or why it stood as the eponym of China's first historic civilization. Following from Wang Guo-wei's 1923 contention thatshangwas first a place name — a claim attested to in inscriptions in the common phrasedayi shang(great settlement Shang), the present essay finds that this place was the hallowed site of the ancestral sacrifices of the Zi clan, and offers philological and artifactual evidence that the graphshangfirst depicted a rite performed before an ancestral image. Over the course of several centuries, the original, literal meaning ofshangas the graphic depiction of the telling ritual,gao吿, was generalized and extended to refer to the ancestral temple, the city where the temple was located, and finally to the Shang dynasty itself.
Reflections on the Political Role of Spirit Mediums in Early China: TheWuOfficials in theZhou Li
Authors: von Falkenhausen Lothar
Published: August 2016

Through close analysis of the traditional hermeneutics of theZhou lisections on theSi丽(Manager of the Spirit Mediums),Nanwu(Male Spirit Mediums), andNüzou(Female Spirit Mediums), this article attempts to reconstruct the classical image of spirit mediums during the Zhou dynasty. It shows that spirit mediums, though grouped under the “bureaucratic” hierarchy of theZhou li, have traditionally been assumed to be distinct in function and activities from the officials with whom they interacted duringceremonies. As specialized religious virtuousi capable of communicating with the supernatural forces, they apparently continued to play a distinguished role in political ritual — possibly derived from Shang court shamanism, and undoubtedly ancestral to the function of mediums in late traditional popular religion.
Do Not Serve the Dead as You Serve the Living: The Lüshi chunqiu Treatises on Moderation in Burial
Authors: Riegel Jeffrey
Published: August 2016

The dispute over whether burial rites should be frugal or lavish is a prominent feature of late Zhou philosophical literature. It originated with Mozi's attack on ritual and then continued unabated as the Ru and Mo schools argued the issue and hurled epithets at each other. The two Lüshi chunqiu chapters “Jiesang” and “Ansi” represent the arguments in favor of moderation in the middle of the third century B.C. While the chapters clearly owe their overall position to their Mohist forebears, they nonetheless ignore or reject several arguments that are central to the Mozi. Nowhere in them do we see, for example, Mozi's urgent call for the conservation of resources. On the other hand, they embrace Ruist concepts, most prominently the innate feeling of loyalty and concern that the Mengzi claims mourners have for their deceased relatives. The Lüshi chunqiu justifies its arguments by pointing to changing social realities, most notably an uncontrollable epidemic of grave robbery. Other features of style of disputation in the Lüshi chunqiu can be traced to the text7s attempts to blend together harmoniously what were originally conflicting points of view. None of the sources in the debate provides much insight into ancient conceptions of death and the afterlife. The elaborate architecture and rich furnishings of tombs excavated in the last several decades are not so much a contradiction of arguments in favor of moderation as they are testimony of a system of religious belief not at all reflected in philosophical literature.
Was There a High God Ti in Shang Religion?
Authors: Eno Robert
Published: August 2016

This paper calls into question a consensus belief that the term “ti”帝 (and the term “shang-ti” 上帝), as used in the Shang oracle texts, denoted a supreme deity. Such an interpretation of the term is entirely satisfactory for textual sources postdating the first century of Chou rule, but the evidence of Shang texts suggests that term ti was employed therein as a corporate term denoting deities collectively, as a generic term referring to members of the Shang pantheon individually but not by name, or as an honorific term for the father of the Shang ruler. By exploring the semantics of the term ti through Shang usage and cognate words, a speculative root meaning of “father” is proposed, the graph being a representation of the ancestral altar or of altar figures. If this theory is valid, it calls into question the extent to which proto-bureaucratic features can be ascribed to the Shang pantheon. It also suggests that the concept of supreme divinity in China was either derived from the pre-conquest religion of the Chou, centered upon the deity T'ien, or through a post-conquest universalization of the Chou religion.
From Temple to Tomb: Ancient Chinese Art and Religion in Transition
Authors: Hung Wu
Published: August 2016

By exploring the shift of ancestral worship centers in ancient China and its impact on art, the author argues that the genealogical/political structure of the Three Dynasties found its religious form in temple worship; however, following the decline of this system during the Eastern Zhou and the Qin, the tomb of an individual increased in importance. This process culminated during the Eastern Han: Problems in dynastic succession forced the Eastern Han rulers to abandon temple ceremonies and transfer them to graveyards. But this new system was again renounced by the following Wei dynasty, and many funerary structures were destroyed in an “iconoclastic” movement. The author contends that this complex development in religion strongly influenced and even governed the course of ancient Chinese art: Corresponding to the shift in religious center, the tomb assumed new symbolic imagery, and pictorial funerary art replaced ritual vessels to become the dominant artistic genre of early imperial China.
In Search of Danyang I: Historical Geography and Archaeological Sites
Authors: Blakeley Barry B.
Published: August 2016

The location of the early Chu capital, Danyang, has never been definitively determined. Since Han times, several hypotheses have been offered. That advocating a southwest Hubei location (Zigui or Zhijiang xian), the standard opinion, has generally governed analyses of early Chu historical and cultural development, particularly of the archaeological data uncovered in the past few decades. Another hypothesis, that advocating a southwest Henan (Xichuan) site for Danyang, however, has recently gained popularity.

The Danyang problem can be approached from a number of angles. This paper attempts first to assess the relative probabilities of all of the hypotheses on the basis of a rather strict evaluation of the evidence provided by historical geography and then to judge the quality of the presently available archaeological evidence given in support of each. From the above perspectives, the author concludes that the relative probabilities favor the southwest Henan hypothesis.
Beyond the Frontier: A Reconsideration of Cultural Interchange Between China and the Early Nomads
Authors: Jacobson Esther
Published: August 2016

Archaeological finds of the last several decades in China, Mongolia, and South Siberia encourage a reconsideration of the nature and extent of cultural exchange between Zhou China and the early nomads. This paper considers a number of object types, artistic techniques, motifs, and stylistic characteristics that are frequently associated with a nomadic origin but that have not previously been carefully discussed. These include the use of inlay; the bronze standard top and the belt hook; certain pictorial elements such as the animal combat; and naturalism and the pictorial rendition of narrative. The conclusions emerging from this consideration indicate the necessity of rethinking terminology used in discussions of the nomad world and of its artistic traditions.
Recent Approaches to Oracle-Bone Periodization: A Review
Authors: Shaughnessy Edward L.
Published: August 2016

The contribution of Qiu Xigui and Lin Yun to the debate over the proper dating of the Diviner Li-group inscriptions require a fundamental revision in oracle-bone periodization methodology. Starting with a review of Dong Zuobin's reasons for placing the Li-group inscriptions in his period IV, this article proceeds to consider the new information provided by the Xiaotun nandi oracle-bone inscriptions excavated in 1973 and by the discovery of the Fu Hao tomb in 1975. Li Xueqin's reason for dating the Diviner Li-group inscriptions as roughly contemporary with those of the Diviner Bin-group are summarized, followed by an account of the fuller discussions of Qiu and Lin. Qiu focuses in particular on the significant identity of personal names and specific events recorded in both inscription groups. The use of differing ancestral titles permits the division of the Li- and Bin-group inscriptions into different chronological segments and reveals that a significant percentage of the Diviner Bin-group inscriptions should be dated to the reign of Zu Geng. Lin's epigraphic approach allows him to conclude that the Diviner Dui-group inscriptions are earlier than those of the Diviner Li-group; hence the Dui-group must also precede the Bin-group. The presence of different diviner groups operating contemporaneously and for only portions of a king's reign leads to the conclusion that Dong Zuobin's periodization categories are now too vague. They should be replaced by the more precise categorization of diviner groups.
The Chronology of Xunzi's Works
Authors: Knoblock John H.
Published: August 2016

On the basis of a chronology developed after a review of the datable events in Xunzi's life, his career is divided into seven periods which characterize distinct phases of his intellectual development, some well-attested, others poorly understood. Within his works there are a number of clues, principally conversations he has with historical figures or discussions of and allusions to historical events, which allow some books, or passages within books, to be dated with confidence. These provide a general framework for the development of his ideas. Combining these with the seven phases of his career, makes possible the identification of sixteen criteria that can be used to date his various books and work out the details of his intellectual development. Using these criteria a tentative dating of twenty-six of his thirty-two books is proposed.
Some Problems Concerning China's Early Copper and Bronze Artifacts
Authors: Murray Julia K. , Zhimin An
Published: August 2016

(Translator's Note: This article originally appeared in Kaogu Xuebao 1981.3: 269-284, and is translated with the author's permission.)

I. The appearance of metal is a very important event in human history, marking the start of an age. From the patriarchal clan communes of the late Neolithic period to the slave society of the Bronze Age, there was a great change in the relationship between social development and production. As a result, the origin and development of metal-working is one of the important issues in archaeological research (p. 269).

Early in the Shang dynasty, China had already advanced into slave society, and its brilliant bronze culture is an outstanding phenomenon in the history of the ancient world. Shang civilization evolved from Longshan foundations, and there is ample archaeological proof of the close relationship between the two. But from what origins did Shang bronze arise? Before the Shang, was there an aeneolithic period in which copper was used? These questions have not yet been satisfactorily answered. Since 1949 the new discoveries of copper objects and of bronze objects belonging to an early period have contributed important clues to the solution of these problems.
Astronomical Dates in Shang and Western Zhou
Authors: Pankenier David W.
Published: August 2016

This article reports the discovery in the Bamboo Annals of verifiable accounts of the general conjunctions of planets witnessed by Shang and Zhou dynasty observers, which occurred in 1576 and 1059 B.C. Besides exploring the connections between the planetary phenomena and mythologized accounts of the same events in Zhou and Han texts, the significance of these astronomical dates is discussed in reference to the events surrounding the Zhou Conquest of Shang and the founding of the Shang dynasty. The investigation proposes that the Shang and Zhou astrologers were astute observers of the motions of the planets and that there are a number of Zhou traditions, such as those concerning visitations of the Phoenix, which are intimately associated with certain planetary periods. In addition, it is suggested that the concept of the Mandate of Heaven as a physical manifestation of Heaven's will and that of its transfer to virtuous rulers at 500 year intervals both derive from the period of the so-called Triple Conjunctions accurately recorded in the Bamboo Annals.
The Han Cosmic Board (

Shih

)
Authors: Harper Donald J.
Published: August 2016

The Warring States and Ch'in-Han periods witnessed not only an efflorescence of cosmological speculation but along with it the growth of intricate systems of divination, astrology, geomancy, and magic. The internal structure of the cosmos, elaborated in terms of Yin-Yang and Five Phase theories, was treated as something which could be manipulated to the advantage of a person who was initiated into the secret operations of the universe. Thus the Yin-Yang and Five Phase cycles, the trigrams of the Book of Changes, the sexagenary cycle of Celestial Stems and Earthly Branches, as well as various calendrical and astronomical observations, all served as the raw material for a diverse array of esoteric arts.
The Pronominal Use of the Verb

Yu

(Gi̭ŭg) * in Early Archaic Chinese
Authors: Nivision David Shepherd
Published: August 2016

1. The word yu in Classical Chinese usually has the apparent meaning of the existential quantifier in logic, and the grammatical functin of a transitive verb. (That is, e.g., in Nan jen yu yen … … “Among the southern people there is a saying…,” the word yen “saying” is the grammatical object of yu, and if we substitute a pronoun the substitute has to be the object pronoun chih.) Yu also is used in a noun phrase before a group name or general term, and the analysis of its syntax and meaning in this use is the problem that motivates this paper. The use is rare except before dynasty names, where it has continued to the present, e.g., yu Yin, yu Ming, etc. The analysis of this latter use has been disputed by Chinese grammarians for the past three centuries. Two interpretations have emerged. At present, one interpretation appears to be accepted by prominent Chinese linguists and philologists, while the other is generally followed by the leading Western translators of early texts.
Representation and Appropriation: Rethinking the TLV Mirror in Han China
Authors: Tseng Lillian Lan-Ying
Published: August 2016

No decorative arts in China have aroused as intense modern academic interest as the TLV mirror that was mass-produced in the Han dynasty. Scholars from different fields have strived to rival one another in identifying its obscure design since the beginning of the twentieth century. With new evidence, particularly a mirror and a wooden board unearthed in 1993 at Yinwan, it is time to settle and set aside the old disputation about identification, and to move on to the intellectual adventure of the cultural significance of the TLV mirror in Han China. This paper first considers the complex of art, game and divination. It then discusses how the TLV mirror can serve a cultural sign that demonstrates the “auspicious mentality” of the Han. It also considers how the formal variants of the TLV mirror illustrate the life of a cultural sign.
“Offices” in Bronze Inscriptions and Western Zhou Government Administration
Authors: Feng Li
Published: August 2016

The present article focuses on the administrative process of the Western Zhou government and addresses the origin of bureaucratic government in China. The article first examinesgong宮 in bronze inscriptions that bore names of individuals or officials, suggesting that suchgonghad probably functioned as administrative “offices” of the Western Zhou government. Then, it focuses on inscriptions which record appointment ceremonies (ceming冊命) that took place in the same “offices.” These inscriptions show that there was a certain degree of specialization in the arrangement of appointments and in the use of “offices” for particular administrative tasks. In the appointment ceremonies, Western Zhou officials were normally accompanied by superior officials from the same government units, showing that there were three functional divisions in Western Zhou government administration: royal household, civil administration, and military. Each division operated as a relatively closed system andcemingwas a routine administrative procedure within the system. Finally, the article studies the role of the Zhou king in administration, showing that while engaging in the operation of government through his “ritual” role in the appointment ceremony, his visits to various gong seem to have followed a certain routine. The evidence in bronze inscriptions strongly suggests that the Western Zhou government was the earliest bureaucratic government in China.
New Sources of Western Zhou History: Recent Discoveries of Inscribed Bronze Vessels
Authors: Shaughnessy Edward L.
Published: August 2016

In the 1970s, the great discoveries of Western Zhou bronze vessels were concentrated primarily in the Wei River valley of Shaanxi province, a pattern of distribution that gave rise to certain theories about a geographically reduced Zhou state. Since then, and especially in the 1990s, inscribed bronze vessels of the Western Zhou period have been found throughout northern China, with particularly important discoveries identified with the state of Yan 燕 near Beijing, Ying 應 at Pingdingshan (Henan), Jin 晉 at Houma (Shanxi), and Guo 虢 at Sanmenxia (Henan). This article introduces these discoveries, translating the more important inscriptions. It also reviews recent discoveries in Shaanxi, especially several bronzes bearing fully-dated inscriptions that have come to light in the course of the Xia-Shang-Zhou Chronology Project.
The Spirit Lord of Baishi Mountain: Feeding the Deities or Heeding theYinyang
Authors: Brashier K.E.
Published: August 2016

Overseen by hungry gods on the one hand or structured by impersonal cyclic forces on the other, the Eastern Han cosmos eluded a single consistent model accepted by everyone. Yet these cosmological perspectives were not competing arguments held by different people; they were inconsistent genres of discourse found within the same people and sometimes even within the same texts. Late Eastern Han mountain inscriptions may ritually appease sacrifice-eating gods with their hymns of praise, but they simultaneously describe the cosmos as a single pervasive system ofqi-vapors,yinyang, and the five phases. How could these two models coexist?

Dated to 183 C.E., the “Stele to the Spirit Lord of Baishi Mountain” (baishi shenjun bei白石神君碑) demonstrates how certain compromise positions existed between a universe overseen by external agencies and that consisting of resonating cycles. The inscription explains why this mountain deity merited sacrifice, describes the official process in which permission to sacrifice was secured, and identifies this hungry deity as one component within ritualized systems within spatial lineages and geographic bureaucracies and so he is not recognized as an entirely free agent. In addition, the inscription systematizes him by obligating him to participate in mechanical rituals of recompense and by reducing him to a ritualized Classicist stereotype, further diminishing his independence and individuality. The stele inscription s focus on ritual demonstrates how ritual lessens any perceived inconsistency between cosmic agencies and cosmic system.

This article first surveys the Han history of mountain sacrifices and mountain stelae, thereby placing the Spirit Lord of Baishi Mountain into historical context. The translation of the inscription dedicated to him follows, which for the purpose of analysis I divide into eight sections that address themes such as rituals of recompense, the generation of rain, and the transformation of the god into a Classicist hero. The conclusion summarizes how human structures such as lineage and bureaucracy fill in the gaps between these inconsistent genres of discourse human structures that result in impersonal qi-vapors becoming more human and personalized mountain deities becoming more structured.
Scholarly Visits to China: Two Accounts – Ancient China in New China
Authors: Dohrenwend Doris
Published: August 2016

The Art and Archaeological Delegation which visited the People's Republic of China in November of 1973 was jointly sponsored by the National Academy of Sciences of the United States and the Scientific and Technical Association of the PRC. Originally intended to be chiefly archaeological, the delegation ultimately included specialists in Chinese painting, a historian and a conservationist as well as those of us more immediately concerned with “underground art” or recent archaeological finds (see List 1).
The Han Cosmic Board: A Response to Christopher Cullen
Authors: Harper Donald J.
Published: August 2016

This article adduces additional evidence to substantiate the author's ideas regarding the cosmic board shih published in Early China 4. The most essential points in the discussion concern first the relation between the appearance of the Big Dipper on the cosmic board and the role of the Big Dipper in ancient cosmological belief and calendrical theory; and second, the influence of the cosmic board on religious belief and practice beginning in the Han period. Contrary to Cullen's opinion that the expression “main-cay of heaven” which denotes the Big Dipper is merely a figure of speech, passages from a variety of previn and Han texts show that this term accurately reflects the conception of the Big Dipper in ancient cosmological belief. The development of the cosmic board and the system of divination associated with it are best understood in light of this belief and of the major role played by the Big Dipper in ancient calendriil theory. The influence on Han popular belief of the celestial spirits associated with the cosmic board is attested in the Lun Heng. The presence of several cosmic board divination texts dating to the Han and six Dynasties period in the Tao Tsang are evidence of the absorption of the cosmic board system of divinaion into Taoism at that time. In Taoist hagiography the traditional legend of the transmission of cosmic board divination to the Yellow God is also explicitly linked to the Taoist technique of pacing the Dipper, lese facts, combined with a Buddhist description of a mandala modeled on the design of the cosmic board, npy document the role of the cosmic board in Chinese religion.
Specific Aspects of the Transition from Primary School to High School
Authors: Garton Alison F
Published: August 2016

In considering specific aspects of the transition from primary school to high school, children's expectations were sought prior to their making the transition. This paper examines the expectations 335 students had of five aspects of high school, elicited by means of a questionnaire. The five aspects were: (a) the high school building; (b) the rules and discipline at high school; (c) the work; (d) the teachers; and (e) the other, older, students. The attitudes and expectations were found to reflect the degree of contact the students had had with the high school, itself dependent on the policy of the high school with respect to induction programs for in-coming students. A call is made for greater liaison between educational institutions, in the form of greater continuity and sequencing of curricula and transition programs in order to allay the expressed anxieties and to dispel any misconceptions.
Educational Psychology: A Problem Centred Approach to Service Delivery
Authors: Cameron R.J. , Stratford R.J.
Published: August 2016

When the history of Applied Psychology and Education Services in the 20th Century comes to be written, it is probable that the 1981 Education Act will be seen as an important milestone. The inevitable hiatus between the publishing of the regulations and the establishing of new practice provides an opportunity for reflection on the stage which Educational Psychology has reached as a branch of Applied Psychology. In particular, it would seem a good point in time to attempt some consolidation following the innovative stampede which characterised the second half of the 1970s.
The Quality of School Life in the Senior Years
Authors: Manning Eric J.
Published: August 2016

The feelings of 305 senior high school students about the quality of their school life were measured by giving them the Quality of School Life inventory at spaced intervals as they progressed through Years 11 and 12. Their self-estimates of school work ability and their reasons for continuing at school were also assessed. A decline was found in the initially positive feelings that were associated with the content of their studies and with their success as students. Separately analysed for comparison were the responses of students who subsequently left school without completing Year 12. Implications are discussed in terms of the drive to improve the retention rate in the post-compulsory years of secondary education, and students' expectations of the demands of the senior curriculum.
Bonds of Discord: Alternative Episcopal Oversight Examined in the Light of the Nonjurring Consecrations
Authors: Turner Roger
Published: August 2016

In this paper I offer some warnings regarding the scheme for alternative episcopal oversight now embodied in the Act of Synod passed by the House of Bishops and published as Appendix B to Ordination of Women to the Priesthood: Pastoral Arrangements. These arrangements provide sacramental care as well as oversight for opponents of the ordination of women to the priesthood. Furthermore, the scheme is intended to serve two purposes: first, to safeguard the position of bishops and other clergy opposed to women's ordination; secondly, to ensure a continuity of such bishops and clergy. That the scheme is flawed becomes apparent when one examines it in the light of an arrangement devised at the end of the 17th century. The arrangement had been intended to secure the episcopal oversight of the body, both clerical and lay, which separated itself from the Church of England in 1690–91. The separation stemmed from its members feeling themselves unable to take the oaths of allegiance to William and Mary; hence the term ‘Nonjurors’.
Women Bishops—The Task Ahead
Authors: Nazir-Ali Michael
Published: August 2016

For some, the possibility of women bishops in the Church of England is to be resisted. For others, it would be a natural progression from women's ordination, first as deacons and then as priests. Last year, General Synod called on the House of Bishops to initiate further theological study on the episcopate in preparation for a debate on the ordination of women as bishops. The resulting working party, which I am to chair, will report during 2002. But what are the theological issues with which we have to grapple?
Exhumation Reconsidered
Authors: Petchey Philip
Published: August 2016

In an article in this journal published in 1998 entitled ‘Digging Up Exhumation’, Rupert Bursell, Chancellor of the Dioceses of Durham and St Albans, surveyed the then existing case law on exhumation and identified divergencies of approach between the cases. He concluded: ‘A definitive decision from the Court of Arches and Provincial Court may, therefore, seem to be called for […]’. Shortly afterwards the Chancery Court of York had occasion to consider the matter in Re Christ Church, Alsager. This article considers that case as well as two cases subsequent to it where the impact of Article 9 of the European Convention on Human Rights has fallen to be considered.
The Governing Body of the Church in Wales Recent Legislation
Authors: Watkin Thomas Glyn
Published: August 2016

Several matters of legal significance were dealt with by the Governing Body of the Church in Wales at its April 1990 meetings at St. David's University College, Lampeter. Amendments to the Constitution were passed concerning two matters of nomenclature, the preparation of inventories, the qualification of parish audiors and pension arrangements for the clergy. In addition two bills were successfully passed and became Canons of the Church in Wales.
The Parson's Freehold
Authors: Bursell Rupert
Published: August 2016

At our annual conference next March the proposed topics for discussion are the parson's freehold and clergy discipline. Although it will necessarily touch upon the latter, this article is primarily concerned with the parson's freehold. It is an attempt to consider some of the ramifications of that freehold now that it is a subject once more to be debated by the General Synod. I do not intend to reach any conclusion as to whether or not that freehold should be abolished or, indeed, as to what should replace it if it is. Rather, I would seek to raise questions that should be considered within the legal sphere whilst that debate continues. In so doing, however, I am only certain of three things: first, that the parson's freehold cannot be considered in isolation; second, that it is essential before anything is abolished that careful stock is taken of what actually is being abolished (otherwise the consequences may be other than intended); and third, that equal care must be given to what, if anything, should replace it. Underlying all this is my own conviction that the law is a framework to regulate a society, in this instance the Church. It may be a bastion to protect the weak or it may be a tool misused by the strong but in the last analysis, once others have decided that it should be altered, the lawyer's duty is to advise and then to implement. There is nothing immutable about the ecclesiastical law.
The European Community and the Church of England
Authors: Nurser John
Published: August 2016

Although I have no legal expertise, I hope I may be able to pose some useful questions. In 1989, I and others founded a group called ‘Christianity and the Future of Europe’ in order to encourage Christians in Britain to reflect on the European Community. What difference will it make to the life of the British churches? What might the special historical experience of the British churches contribute to ‘the construction of Europe’?
An Evidential Privilege for Priest-Penitent Communications
Authors: Elliott D. W.
Published: August 2016

If a person has been duly sworn as a witness in a judicial proceeding, he must answer any relevant question put to him. If he does not do so, he risks being held by the judge to be in contempt of court and punished by being imprisoned or fined. The fact that the witness finds it repugnant to his sense of honour to give an answer which will break a confidence reposed in him by someone else does not excuse him from his duty. The public interest in the disclosure of all matters relevant to a judicial proceeding is regarded as so important that it prevails over any considerations of private honour between individuals. It is simply no answer for a witness to say ‘I was told this in confidence by a person who trusted me to keep his confidence’. This general attitude of English law has obvious and unwelcome implications for clergymen. A priest or clergyman will in the course of his ministry often receive private information from members of his flock, which his priestly duty requires him to keep secret. He might well be obliged to choose between disregarding his priestly duty or suffering legal penalties, which may be severe. Moreover, the prospect of having to submit him to this invidious choice will be repugnant to the judge; and the fact of such a choice being put, and of the clergyman being sent to gaol for doing his duty, is bound to cause dismay in large sections of the public. The possibility of this conflict of church and state actually happening is extremely small, but the fact that it exists at all is dismaying to many persons.
What is a Peculiar?
Authors: Barber Paul
Published: August 2016

A peculiar or exempt jurisdiction is, broadly speaking, one which does not fit into the general scheme of jurisdiction within the Church. It is “exempt” from the “normal” structures, its jurisdiction is “peculiar” to itself. It is important at this stage to note that peculiars are jurisdictions, not places, still less buildings. A jurisdiction can be personal, territorial, or a mixture of the two. However, since the reformation, most jurisdictions in the Church of England have been largely territorial, hence the convention of referring to them as places.
The Church of England and the European Union: Establishment and Ecclesiology
Authors: Pearce Augur
Published: August 2016

This article is by way of extended reflection, ecclesiological but with sprinklings of both law and history, on two of the topics raised by Canon John Nurser at (1993) 3 Ecc. L. J. 103 which are of particular interest in my present situation: the effect of European Union on the Church of England, and the non-proselytisation policy of the Diocese in Europe.
Modern Sanctuary
Authors: Sutton Teresa
Published: August 2016

The history of the ancient concept of sanctuary has been discussed in the pages of this Journal in earlier volumes. In response to Professor Baker's article, Fr Robert Ombres, O.P. wrote to the Journal to inform readers that sanctuary had recently been used in America and Britain. The use of this ‘modern sanctuary’ has been the subject of some lively discussion at a recent London meeting and in Cardiff amongst the Canon Law LLM students. This article seeks to address some of the contemporary issues regarding the modern use of sanctuary in Britain and continental Europe today.
A Happy Noise to Hear? Church Bells and the Law of nuisance
Authors: Watkin Thomas Glyn
Published: August 2016

In the July 1995 number of the Ecclesiastical Law Journal, Mr R. H. Bloor presented an interesting account of recent difficulties encountered by the parish church of St Mary's Belton with regard to the chiming of its church clock. In his article, ‘Clocks, Bells and Cockerels’, he took occasion to consider briefly the law relating to bells as a noise nuisance and usefully brought some unreported cases to the attention of readers of the Journal. He did not however consider one question which is, it is submitted, of peculiar importance to ecclesiastical lawyers, a question raised by the present author in a letter to The Times on 22 October 1994, namely whether the obligation of clerics to ring a bell under ecclesiastical and canon law can be a defence to a complaint of nuisance for the noise caused. Nor did he examine the differences which exist, particularly with regard to defences, depending upon whether the complaint is one of public, private or statutory nuisance. The present paper is therefore offered as a discussion of these points and as a wider review of the authorities relating to them.
The Seal of Confession and the Episcopal Church in the United States of America
Authors: Wantland William C.
Published: August 2016

An extremely important article appeared in the Winter 1995 issue of Ecclesiastical Law Journal entitled ‘An Evidential Privilege for Priest-Penitent Communications’ by Professor D. W. Elliott, outlining the problems of imputing to sacramental confessions the status of privileged communications.
Ecclesiastical Law and the Law of God in Scripture
Authors: Bash Anthony
Published: August 2016

The Ecclesiastical Law Society is rightly promoting afresh the study of ecclesiastical law. In the case of the Church of England, the sources of ecclesiastical law are three-fold: case-law, statutes (and Measures made thereunder) and the Canons of the Church of England. These are the formal sources for identifying and expounding (Anglican) ecclesiastical law. The sourcesquasources may not be the subject of debate; the debate may only be as to the interpretation of the contents of the sources and whether the sources should be amended. This approach to determining the substantive content of ecclesiastical law reflects the positivist approach to law, such as Bentham, Austin and Hart have set out.
The Origin and Founding of the Ecclesiastical Law Society
Authors: Edwards Quentin
Published: August 2016

There was an ecclesiastical law shaped hole in the Church of England from the dissolution of Doctors' Commons in 1857 until 1987 when it was filled by the formation of the Ecclesiastical Law Society. In 1947, forty years earlier, the Archbishops' Canon Law Commission had suggested how the hole might be filled. The Commission was appointed in 1939 and published its report under the title The Canon Law of the Church of England (SPCK, 1947). The Report consisted of a learned and authoritative review of the sources of English canon law and made recommendations for its reform, in particular by appending to the Report a body of suggested revised canons. Included in the Report was the following paragraph expressing the hope that a society might be formed for the study of canon law:

‘The success of a new code of canons will to a great extent depend on a wider knowledge than at present exists among the clergy of the law of the Church of England, its nature, history, development, and particular characteristics; and it is hoped that the previous chapters of this Report will provide an elementary introduction to the subject. We recommend therefore that those who are responsible for the training of ordination candidates and for the post-ordination training of the clergy should be asked to consider what steps can be taken to give both ordinands and clergy a more professional knowledge of the Church's law and constitution. In giving evidence before the Ecclesiastical Courts Commission in 1883 the late Sir Lewis Dibdin pointed out that since the disappearance of Doctors' Commons in 1857 there had really been no method of teaching or preserving a knowledge of the Ecclesiastical Law. It is impossible at this stage to revive anything like Doctors' Commons, but we would suggest that a society, consisting of clergy, professional historians, and lawyers, be formed for the purpose of studying the Ecclesiastical Law and of suggesting ways in which that law either needs alteration or can be developed to meet new needs. As a rule there is far too little contact and interchange of ideas and points of view between the clergy and ecclesiastical lawyers, and such a society would give opportunities for this. Such a society would train up a number of people competent to advise and help the clergy in the particular problems of Ecclesiastical Law with which from time to time they are confronted.’
Letter From Brussels
Authors: McClean David
Published: August 2016

Readers of this Journal do not need to be told of the importance of legislation in forming and reforming ecclesiastical law. They are familiar with the division of legislative functions between Parliament and the General Synod in accordance with the Enabling Act and the conventions which have grown up around it. Where proposed Government legislation has an obvious impact on the interests of the churches, there will normally be consultation between the relevant Government department and the church authorities. The Churches Main Committee monitors and seeks to influence and headquarters staff have access to policy-makers in Whitehall.
The Shape of Things to Come Papers from the Society's 2002 Day Conference
Authors: Cameron Sheila
Published: August 2016

On 7 July 1990 the chairman of the Dioceses Commission told the General Synod that the sixteen members of the Commission were united in a ‘feeling of frustration’ about the difficulties arising from the provisions of the Dioceses Measure 1978. He said that the 48-page Report entitledThe Dioceses Measure 1978, a Review(GS 925) put before the General Synod by the Commission was ‘a genuinecri de coeur’. This Report analysed the problems and suggested solutions with the obvious aim of obtaining some assistance from the General Synod in response to thecri de coeur.
The Governing Body of the Church in Wales
Authors: Anderson Charles
Published: August 2016

The April meeting was confined to a single day of formal business, the Standing Committee having reached the conclusion that with a relatively light agenda on this occasion, it was a more efficient use of resources to have one full day's business than spread the work of the session over two days. The meeting took place shortly after the death of Her Late Majesty Queen Elizabeth the Queen Mother and at the start of the meeting all present stood in silence as a mark of respect to her.
The General Synod of the Scottish Episcopal Church
Authors: Guild Ivor
Published: August 2016

A Eucharist set the Synod in motion, the preacher being the Bishop of Manicaland, Zimbabwe. A formal welcome by the Primus followed, in which he encouraged the Synod, since conflict was intrinsic to human experience, to engage in it creatively and in a way which would enliven the mission of the Church. The good wishes of the Synod were then sent to Her Majesty the Queen in this her golden jubilee year. A break ensued for lunch before the Synod pursued its agenda.
Accessibility: The New Legislation
Authors: Mynors Charles
Published: August 2016

The concept and terminology of ‘accessibility’ have in recent years become very fashionable. This is partly a reflection of a gradually increasing awareness of the desires, needs and aspirations of all sorts of groups within society that were in the past insufficiently taken into account or else completely ignored. So with women, children, the elderly, those of particular races or nationalities, those of different religions (or denominations) or none, those of particular lifestyles or sexual orientations—each has been gradually recognised, and brought into the mainstream of society. Thus, for example, we now take it for granted that equal facilities should generally be afforded for men and women—but it is not so long since this was far from universal.
Editorial
Authors: Hill Mark
Published: August 2016

Editing any Journal carries risk. The production process necessitates the submission of copy well in advance of the anticipated publication date. The task of second gussing development in the ecclesiastical world keeps one in a constant state of alertness. But even my crystal ball is not faultless. Thus I pen this editorial in the penumbral world which lies between the election of potential bishop for the See of Guildford and the confirmation of such election.
Connelly v Connelly (1851): The Trials of A Saint?
Authors: Op Robert Ombres
Published: August 2016

The case ofConnelly v Connellyon the face of it simply concerned a suit by a husband for the restitution of conjugal rights. It became interlocked, however, with wider and deeper issues in Victorian England at a time when the Roman Catholic hierarchy was restored in 1850 and there was an upsurge in anti-Catholic sentiment. Both litigants were extraordinary and led eventful lives, and the cause of canonisation of the wife (Cornelia Connelly) is in progress. In a broad context, this article examines in detail the litigation between the spouses first at the Court of Arches in 1849–1850, and then on appeal to the Judicial Committee of the Privy Council in 1851. The litigation was inconclusive, and the case was eventually abandoned by the husband.
Scottish Episcopal Church
Authors: Guild Ivor
Published: August 2016

A nuts-and-bolts Synod was how the Primus described the agenda in his opening remarks; and so it proved. A large amount of domestic housekeeping was dealt with.
Religious Freedom: Transition and Globalisation
Authors: Hill Mark
Published: August 2016

In the year 988 Prince Vladimir dramatically baptised his entire nation in the Dnepr River, thereby establishing a new state religion in what is now Ukraine. Fittingly, Kiev (or Kyiv to adopt the Ukrainian spelling) played host in May to a conference on ‘Religious Freedom: Transition and Globalisation’. Convened by the State Committee for Religious Affairs, the conference brought together academics from Western Europe and the USA with civil servants from the emergent democracies of the former USSR.