Artykuły-Articles WOUTER DRUWÉ The Relationship between Civil and Canon Law in the Eastern Orthodox Tradition *

Krakowskie Studia, Historii Państwa, Prawa, Leuven Ku, Fwo
2015 unpublished
Theodore Balsamon, a 12 th-century Constantinopolitan canonist, famously said: "Civil law punishes, canon law heals". This paper tries to understand that statement by studying the relationship between civil law and canon law in the Eastern Orthodox tradition. From the 4 th century onwards, the Roman imperial administration gave exequaturs to episcopal judicial decisions. In his novellae, Emperor Justinian considered the canons of the ecumenical councils as nomoi, which also implied that he
more » ... change canons by enacting imperial legislation. As of the 6 th century, canon and imperial laws were published together in so-called nomokanones. At the end of the 9 th century, Patriarch Photios formulated-for the fi rst and last time in Byzantine legal history-the division of competences between Emperor and Patriarch. This paper argues that, though civil and canon law were separate fi elds with their own spe-cifi c aims, the executability of their sentences remained crucially diff erent.
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