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Where To From Here For The Catholic Church- Recommendations 94 And 95 Of The Redress And Civil Litigation Report, Jane Power Jan 2018

Where To From Here For The Catholic Church- Recommendations 94 And 95 Of The Redress And Civil Litigation Report, Jane Power

The University of Notre Dame Australia Law Review

The Royal Commission into Institutional Responses to Child Sexual Abuse handed down its Final Report in December 2017. In 2015 it presented its interim Redress and Civil Litigation Report which contained final recommendations in relation to reform in civil litigation. Recommendations 94 and 95 of the Redress and Civil Litigation Report both directly and indirectly address the lack of legal entity for the Catholic Church in Australia and the problems this causes litigants seeking legal recompense. This paper considers the current legal status of the Catholic Church in Australia in light of the Recommendations.


The Tragedy Of Lutheran Jurisprudence, Augusto Zimmermann Jan 2018

The Tragedy Of Lutheran Jurisprudence, Augusto Zimmermann

The University of Notre Dame Australia Law Review

The teachings of Martin Luther (1483–1546) launched the Protestant Reformation in the 16th century. Luther believed in a discontinuity between God and humans that makes it impossible to provide an account of morality by reference to natural law. Rather, Lutheran jurisprudence rejects natural-law theory and it largely remains in the shadows of narrow legal positivism. According to Lutheran jurisprudence, lawfully promulgated decrees are laws even if they are completely arbitrary in their purpose and effect. Luther derived his doctrine on civil government exclusively from Chapter 13 of St Paul’s Epistle to the Romans. He saw in this passage no legitimate …