The Church, law, and politics, 1958–1974

I’m delighted to be able to say that an article of mine is to be part of a volume now under contract with Boydell and Brewer. Edited by Thomas Rodger and Philip Williamson, it has the title Church and State. The Church of England and British politics in the twentieth century, and should be published in 2019.

Abstract

The ‘Long Sixties’ (1958-74) saw a series of changes in the relationship between the Church of England and the law: some spectacular, others rather less so. Most prominent was the series of reforms in the ‘moral law’, such as in relation to divorce, abortion, capital punishment and male homosexuality. Valuable work has been done on these episodes as they implicated the Church of England, such as that by Matthew Grimley on the Sexual Offences Act 1967. However, the focus of this scholarship on particular issues and episodes has tended to obscure a longer-term and more fundamental shift in the relationship between the established Church and the law at large, of which these spectacular moments were but component parts.

This paper surveys these changes in the moral law, but also the longer-range renegotiation of the relationship between the Church, Parliament and the law that was instigated shortly after the Second World War by archbishop Fisher in pursuit of a reformed code of canon law. This process culminated in the Worship and Doctrine Measure of 1974, under which the Church gained the power to settle its own doctrine and practice of worship without recourse to Parliament, thus removing one of the key causes of tension in earlier periods. This raft of reforms, small and large, touched upon almost every aspect of the Church’s life, internal and external – the relationship with Parliament, the representation of the voice of the laity, the ordering of worship, the settlement of doctrine, the discipline of clergy, the organisation of parishes and the finances of the Church as a whole.

Examining all these changes in aggregate, and the various debates within and outside the Church that they provoked, the chapter will argue that when taken together they constitute a significant widening of the gap between established church and state. The process also coincided (and interacted) with a profound reconsideration among some within the Church of its right relation with the other Christian churches and with the nation as a whole. Some, notably Michael Ramsey, saw an opportunity for the Church to take a more detached and prophetic role as the distance between Church and State widened. That the opportunity was not taken in later years is the subject for a different study.

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