Overview

Does religious confession privilege exist at common law? Most evidence law texts answer 'no'. This analysis shows that most of the cases relied upon for the 'no religious confession privilege conclusion' are not authority for that conclusion. The origin of the privilege in the canon law in the first millennium AD is traced and its reception into common law is documented. Proof that religious confession privilege continues unbroken at common law through to the present day is of obvious importance in jurisdictions where there is no relevant statute. A correct understanding of the common law extant before statutes were passed will influence whether those statutes are broadly or narrowly interpreted. The book also brings the reader up to date on the state of religious confession privilege in the United States, Canada, England, Wales, Scotland, Ireland, Australia, New Zealand and South Africa.

Full Product Details

Author:   A. Keith Thompson
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   9
Dimensions:   Width: 16.00cm , Height: 2.80cm , Length: 24.00cm
Weight:   0.828kg
ISBN:  

9789004172326

ISBN 10:   9004172327
Pages:   396
Publication Date:   11 April 2011
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Excerpt of the Table of Contents: Abstract;Table of Cases;Table of Statutes; Preface; Introduction; Chapter One: Review of Religious Confession Privilege in Early Evidence Texts Chapter Two: Religious Confession Privilege in Historical Context Chapter Three: Religious Confession and Privilege in Canon Law Chapter Four: Religious Confession Privilege at Common Law From the Seventeenth to the Twentieth Century Chapter Five: Religious Communications Privilege at Common Law Chapter Six: Theories About the Extinction of Religious Confession Privilege Chapter Seven: Religious Confession Privilege at Common Law in Australia Chapter Eight: Religious Confession Privilege at Common Law in the United Kingdom and Ireland Chapter Nine: Religion Confession Privilege in the United States Chapter Ten: Religious Confession Privilege in Canada and New Zealand Chapter Eleven: Religious Confession Privilege in South Africa Chapter Twelve: Policy - Should There Be a Religious Confession Privilege? Conclusion; Bibliography.

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Author Information

A. Keith Thompson, LLB (Hons) (1981); M Jur (1993), University of Auckland, PhD (2007) in Law, Murdoch University, worked as Area Legal Counsel in the Pacific for the LDS Church from 1991 until 2009 following a career in commercial law as a partner in an Auckland law firm. He now works as Area Legal Counsel for the LDS Church for Africa from offices in Ghana.

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