What is in Kelvin's Head?

  • The Bishops’ Instruction on Fasting and Abstinence

    I happen to have in my possession a couple of copies of the Scottish Episcopal Church’s Kalendar (as it was called in those days) from the 1990s. I’m interested that they include a section called “A Summary of the Bishops’ Instruction on Fasting and Abstinence”

    To the best of my knowledge, this isn’t published anywhere now but I don’t think that I’m aware that it has ever been changed or withdrawn.

    Here’s what it says:

    DEFINITIONS

    Fasting: A reduction in the quantity of food and drink consumed during the day.

    Abstinence: Abstaining from some particular kind of food – traditionally meat.

    Note. The Bishops consider that changing circumstances and social habits necessitate adjustments from time to time in the practise of these disciplines. Present circusmstances tent to make abstinence from meat unreal, but this ought not to mean that Fasting and Abstinence should cease to be practised.

    THE BISHOP’S RECOMMENDATIONS

    i.   That Fasting be observed by partaking of only one solid meal in the day; other meals to be of a light character.

    ii.  That Abstinence be observed by abstaining from some form of food or drink which is normally enjoyed. It is to be noted that for this purpose tobacco and sweets may be considered as forms of food.

    iii. Ash Wednesday and good Friday are to be regarded by members of the Church as of obligation; and as days of Fasting and Abstinence.

    iv.  That other days ought to be observed in a spirit of voluntary devotion. These are:
    Days of Fasting:
    The Vigils of Christmas, Easter, and Whitsun.
    The Fridays in the four Ember Season.
    One of the Rogation Days.

    Days of Abstinence:
    All other Fridays throughout the year, except Christmas Day, Epiphany and the Fridays in the Octaves of Christmas, Easter and the Ascension of our Lord.

    v.  The whole of Lent, except the Sundays, is a time for special self-denial, which should find expression in Prayer, Fasting and Almsgiving. We encourage all members of the Church to make their own rule of general self-discipline to be observed throughout this season. Such a rule would include additional time for prayer and Bible reading, greater frequency in receiving Holy Communion, and increased giving to the service of Christ by spending less on self.

    I’d be interested to know what people think of these, looking at them now.

    You can see clearly that circumstances were changing from a time when the church laid down rules to a time when the bishops were trying to get people to make their own decisions about religious devotions.

    Is it helpful to see these guidelines? Have we got far enough away from the old rule-based religion to find it helpful to have some guidelines to think about? I’ve no doubt that some people still keep to these guidelines because it was the way that they were taught the faith. However, I don’t think I’ve heard anyone ever mention them to me since I joined the church over 20 years ago.

    Does our consciousness of the way others fast through greater awareness of the Muslim faith make us more willing or less willing to have a go nowadays? Does the emergence of the 5:2 diet make us want to go back to look at our spiritual practises afresh?

    Thoughts and comments welcome.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    Reply
    1. kelvin Avatar
      kelvin

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

      Reply

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