contested-heritage-and-the-consistory-courts.pdf (329.18 kB)
Contested heritage and the consistory courts
This article distinguishes contested heritage on consecrated land from the wider secular contested heritage debate. The evolving property law position on contested heritage and consecrated land is analysed in the context of recent consistory court judgments including the controversial decision concerning the memorial to Tobias Rustat at Jesus College, Cambridge. The current application of the ecclesiastical exemption, the statutory guidance on contested heritage from the Church Buildings Council and the Cathedrals Fabric Commission and the Duffield framework are considered together with strong criticisms made by the Archbishops’ Commission for Racial Justice. The article suggests that because issues of contested heritage and the legacies of enslavement have not been properly considered in a timely way by the Church of England, individual consistory court cases have become focal points for wider debates beyond their remit. The article argues that the current resolution process for disputes over contested heritage is untenable in the longer term. Statutory guidance needs to be revised and the faculty process, in particular the Duffield framework, needs to be adapted to address racial justice and mission and worship. Practical advice is offered to individual religious communities seeking to consider contested heritage in their own buildings in the meantime.
History
Publication status
- Published
File Version
- Published version
Journal
Ecclesiastical Law JournalISSN
1751-8539Publisher
Cambridge University PressExternal DOI
Issue
2Volume
25Page range
171-191Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2023-02-10First Open Access (FOA) Date
2023-05-03First Compliant Deposit (FCD) Date
2023-02-10Usage metrics
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