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Palgrave Macmillan

Law and Religion in Ireland, 1700-1970

  • Book
  • © 2021

Overview

Editors:
  1. Kevin Costello

    1. Sutherland School of Law, University College Dublin, Dublin, Ireland

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  2. Niamh Howlin

    1. Sutherland School of Law, University College Dublin, Dublin, Ireland

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  • Focuses on one of the most contested issues in Irish history
  • Examines the interaction between law and religion in Ireland
  • Maps the relationship between law and religion over time from the sixteenth century

Part of the book series: Palgrave Modern Legal History (PMLH)

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About this book

This book focuses, from a legal perspective, on a series of events which make up some of the principal episodes in the legal history of religion in Ireland: the anti-Catholic penal laws of the late seventeenth and early eighteenth century; the shift towards the removal of disabilities from Catholics and dissenters; the dis-establishment of the Church of Ireland; and the place of religion, and the Catholic Church, under the Constitutions of 1922 and 1937.



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Table of contents (14 chapters)

  1. Front Matter

    Pages i-xiii
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  2. The Legal History of Religion in Ireland

    • Kevin Costello, Niamh Howlin
    Pages 1-11

  3. The Penal Laws: Origins, Purpose, Enforcement and Impact

    • Charles Ivar McGrath
    Pages 13-48

  4. To “Elude the Design and Intention” of the Penal Laws: Collusion and Discovery in Eighteenth-Century Ireland—A Case Study

    • Emma Lyons
    Pages 49-75

  5. Repealing the Penal Laws, 1760–95

    • James Kelly
    Pages 77-107

  6. “Inoperative But Insulting:” Residues of the Penal Laws, 1829–1920

    • Kevin Costello
    Pages 109-135

  7. The Legal and Constitutional Organization of the Catholic Church in Nineteenth-Century Ireland

    • Oliver P. Rafferty
    Pages 137-156

  8. Irish Presbyterians and the Quest for Toleration, c. 1692–1733

    • Robert Whan
    Pages 157-183

  9. “I Am Friends Wt You & Do Entertain No Malice”: Discord, Disputes and Defamation in Ulster Presbyterian Church Courts, c. 1700–1838

    • Leanne Calvert
    Pages 185-209

  10. Church Briefs and Charitable Relief: Reparations for Two Early Eighteenth Century Fire-Damaged Ulster Towns

    • W. N. Osborough
    Pages 211-237

  11. The Disestablishment of the Church of Ireland

    • Keith Robbins
    Pages 239-256

  12. Disendowment Under the Irish Church Act 1869

    • N. M. Dawson
    Pages 257-287

  13. The Constitution of the Church of Ireland in Action: Ritualist Litigation in a Disestablished Church, 1871–1937

    • Robert Marshall
    Pages 289-325

  14. Religion and the Constitution of the Irish Free State

    • Thomas Mohr
    Pages 327-356

  15. Article 44.1 and the “Special Position” of the Catholic Church in the Irish Constitution, 1937–1972

    • Niamh Ní Leathlobhair, Donal K. Coffey
    Pages 357-384

  16. Back Matter

    Pages 385-399
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Reviews

 “This book brings together deep, insightful, and to my mind, novel historical insights into how religion and law interacted in Ireland in the two hundred years before independence, and in the early period of the Irish state. All the contributions are highly credible historical works that make genuine contributions to historical understanding using legal focus and insight. … It is a model work of legal history, a great addition to the literature, and very easy to recommend.” (David Kenny, Journal of Church and State, Vol. 65 (2), 2023)

Editors and Affiliations

  • Sutherland School of Law, University College Dublin, Dublin, Ireland

    Kevin Costello, Niamh Howlin

About the editors

Kevin Costello is Associate Professor at the Sutherland School of Law, University College Dublin, Ireland. He has previously published Law and the Family in Ireland, 1800-1950 (Palgrave, 2017).

Niamh Howlin is Associate Professor at the Sutherland School of Law, University College Dublin, Ireland. She has previously published Law and the Family in Ireland, 1800-1950 (Palgrave, 2017).




Bibliographic Information

  • Book Title: Law and Religion in Ireland, 1700-1970

  • Editors: Kevin Costello, Niamh Howlin

  • Series Title: Palgrave Modern Legal History

  • DOI: https://doi.org/10.1007/978-3-030-74373-4

  • Publisher: Palgrave Macmillan Cham

  • eBook Packages: History, History (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

  • Hardcover ISBN: 978-3-030-74372-7Published: 30 October 2021

  • Softcover ISBN: 978-3-030-74375-8Published: 30 October 2022

  • eBook ISBN: 978-3-030-74373-4Published: 29 October 2021

  • Series ISSN: 2947-6186

  • Series E-ISSN: 2947-6194

  • Edition Number: 1

  • Number of Pages: XIII, 399

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Legal History, History of Britain and Ireland, History of Religion

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