The recent decision of the United Kingdom Supreme Court in Regina (Hodkin and another) v Registrar General for Births, Deaths and Marriages concerned the registration of the premises belonging to the Church of Scientology in London as a place of worship, specifically for the purpose of enabling a marriage to take place there which would be valid in law. This article examines the continuing significance of a registered place of worship in the English law rules on formalities of marriage. It provides a brief history of the role of religion in the solemnization of marriages in England and Wales, and the emergence of the “place of worship” as a constituent element in the celebration of a valid marriage. The role of marriage at a registered place of worship in the current legislation governing the formalities of marriage is considered, along with the impact on that scheme of the Marriage (Same Sex Couples) Act 2013. The exceptional character of the approach adopted by English law is highlighted by a comparative survey of laws on the solemnization of marriages, which also demonstrates some of the problems arising out of alternative solutions. Finally, recent attempts to reform the law are noted, followed by some concluding remarks on possible future developments.

It is a thousand miles from the coast of the land of Israel to the city of Rome, over the sea that is called in both Hebrew and Latin, “the Sea In-Between.” The closing chapters of the book of Acts tell of the Apostle Paul's journey over that sea, from Caesarea to Rome, around the year 60 C.E. By this time, of course, Paul had made many journeys in his life: from Tarsus to Jerusalem, Jerusalem to Damascus, to Ephesus, Athens, Corinth and numerous other cities east of Rome. At the conclusion of his Epistle to the Romans, Paul mentions that he planned to visit Rome as well, on his way to Spain. But as best we can tell, when Paul did finally come to Rome, his wanderings ended, for he came as a prisoner, and it was in Rome, according to Church tradition, that he was eventually put to death.

In the book of Acts, the portrayal of the events leading up to Paul's journey to Rome—its description of his arrest and subsequent appearances before various courts and authorities—is clearly reminiscent of the Gospel descriptions of Jesus' arrest and execution approximately thirty years earlier. In both accounts, we read of disturbances in the Temple, crowds of angry Jews calling for an innocent victim's death, his arrest and confrontations with both Jewish and Roman authorities, and acknowledgement by representatives of Rome of the victim's innocence. However, the conditions surrounding the two series of events suggest two very different historical moments. And Paul's response to those who would sit in judgment of him, and to the jurisdictions they represented, at least as recorded in Acts, suggests a sea of difference between Paul's outlook and that of his Lord.

This is a self-indulgent, and perforce idiosyncratic, excursus into some (but by no means all) of the vast body of literature that has been published in recent years touching on secularism and cultural heritage in Europe, surveyed from the vantage point of law and religion scholarship. It was commissioned by the Journal of Law and Religion as part of its ambitious project for sharply focused and widely angled snapshots of the state of the field at the present moment.1 And, for this English writer, with this particular topic, the moment could not be more propitious.

John Milbank's critique of the secular as a violent distortion of Christian theology is well established. Less clear is how Milbank's framework might bear upon secular liberalism as it specifically relates to liberal ideas of religious freedom and public or secular reasons in political contexts. This is especially worthy of investigation since “religious freedom” is part of the liberal framework Milbank so stridently critiques. This article attempts to reconcile Milbank's theological critique of secular liberalism with the idea of religious freedom by applying Milbank's theology and the law of love to liberal notions of public discourse for the purpose of redeeming and transforming that discourse. This redeemed “liberalism” provides a framework for persuasion to the Good by recognizing that all public positions (including secularism) are ultimately faith positions, and advocates a discourse governed by the law of love to produce genuine religious freedom that paradoxically transcends and fulfils the liberal ideals that secular liberalism proclaims but can never attain.

Drawing on a qualitative study conducted with both individuals who have been shunned from the Jehovah’s Witnesses community and those who were in a position to shun others, the authors identify areas of development within the Serious Crime Act 2015 and propose that there is scope to interpret the law broadly to include instances of people shunned from the Jehovah’s Witnesses community.

The “remarkable phenomenon” called Scientology, and Scientologists in their capacity as such, have long complained of persecution by the German state. Their case has been put to various governmental bodies in the United States and has even resulted in attempts to have the United States Congress

The matter has also been brought to the attention of the State Department. Exaggerations, such as comparisons between the current situation of Scientologists and that of the Jews in Nazi Germany, even if restricted to the situation of the Jews before the commencement of the Holocaust, do nothing to persuade one of the seriousness with which Scientology's accusations are made. Nevertheless, some lesser form of persecution or perhaps rather discrimination might lie at the bottom of these complaints.

There is, however, a functioning legal system in Germany enforcing a Bill of Rights in the German constitution, the Basic Law (Grundgesetz). That legal system might be expected to be alert to such forms of discrimination, unless of course it too is part of some grand conspiracy against Scientology. The purpose of this article is to investigate whether the legal system in Germany is treating Scientology and Scientologists fairly by considering the reported cases on these topics in Germany.

“We cannot endow people with intelligence. Intelligence fundamentally is this capacity to ask questions, and this capacity is entirely from nature.”

My concern here is the rule of law, in all its operations. I select the unexpected word “operations” in order to telegraph a difference from much other natural law jurisprudence. The rule of law is not just a battery of operations; however, failure to appreciate the place of operations in the rule of law leads to a straw-man rule of law—and we know too well the fate of straw men. It is flesh-and-blood men and women whose operations bring about the rule of law, if a rule of law there is to be.

Filiation among Muslims in India is governed by Muslim personal law, a largely uncodified corpus of key Islamic legal treatises that has subsequently been interpreted and applied through the Common Law frame of British colonial courts and the post-Independence Indian judicial system by virtue of the Muslim Personal Law (Shariat) Application Act 1937. Muslim personal law recognizes only legitimate filiation resulting from a valid or irregular marriage, barring illegitimate children from maintenance and intestate succession and prohibiting adoption. However, a number of legislative enactments have modified key aspects of the law of filiation among Muslims: shifting the presumption of legitimacy arising from a valid marriage to the time of the wedding, rather than the time of conception; invalidating the doctrine of dormant fetus; and lifting certain disabilities incurred from illegitimacy. Further, although adoption based on customary law is somewhat common in India and has been recognized by courts, its effect among Muslims has tended only to lift the bar to paternal succession and seldom creates filiation with the adoptive family. Notwithstanding, following the enactment of the Juvenile Justice (Care and Protection of Children) Act 2000 and its subsequent amendments, an optional secular legal framework for adoption is now available to Muslim prospective parents. The procedure set forth by the Act is nonetheless unwieldly and implementation faces the very practical difficulties of the state in managing and protecting the vast number of destitute and abandoned children in India, for the most part with an unknown filiation.