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The doctrine of priest–penitent privilege does not appear to apply in English law. The orthodox view is that under the law of England and Wales privileged communication exists only in the context of legal advice obtained from a professional adviser.〔''Halsbury's Laws of England'' (2002)〕〔McNicol (1992) ''p.''324〕 A statement of the law on priest–penitent privilege is contained in the nineteenth century case of ''Wheeler v. Le Marchant'': ==Justification of the rule== The foundation of the rule protecting communications to attorneys and counsel was stated by Henry Brougham, 1st Baron Brougham and Vaux, Lord Chancellor, in an exhaustive judgment on the subject in the case of ''Greenough v. Gaskell'' (1833) 1 Mylne & Keen 103, to be the necessity of having the aid of men skilled in jurisprudence for the purpose of the administration of justice. It was not, he said, on account of any particular importance which the law attributed to the business of people in the legal profession or of any particular disposition to afford them protection, though it was not easy to see why a like privilege was refused to others, especially to medical advisers.〔''Catholic Encyclopaedia'' (1913) "Seal of the Confessional"〕 A similar opinion was expressed by Sir George James Turner, Vice-Chancellor in the case of ''Russell v. Jackson'' (1851) 9 Hare 391, in the following words: Moreover, in the relationship of lawyer and client the privilege was confined to communications between them made in respect of the particular litigation and it did not extend to communications generally passing between a client and his lawyer professionally. But the principle has developed so as now to include all professional communications passing in a professional capacity, and to the information and belief founded thereon, see: ''Minet v. Morgan'' (1873) 8 Chancery Appeals, 366; ''Lyell v. Kennedy'' (1883) 9 AC 90.〔 In the former case Roundell Palmer, 1st Earl of Selborne, Lord Chancellor, said: Various commissions on law reform have opposed any extension to the current scope of professional privilege.〔Law Reform Committee (1967) ''Privilege in Civil Proceedings'', Report No.16, paras.46-47〕〔Criminal Law Revision Committee (1972) ''Evidence (General)'', Report No.11, Cmnd 4991, paras.272-275〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Priest–penitent privilege in England」の詳細全文を読む スポンサード リンク
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