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patristic writings however along with those at various points in time the eastern orthodox church has given canonical authority to numerous other sources civil legislations rulings of patriarchs acts of synods canonical commentaries canonical works in various forms including nomokanons canonical responses and others 14 along with the canons autocephalous eastern orthodox churches as well as other branches of the church issued their own canonical decrees which mainly deal with the organization the relationships and customs of the local churches those autocephalous churches also issued decrees on the life of the eastern orthodox church as well as on those autocephalous churches particular aspects of their order and discipline those legislations also part of eastern orthodox canon law 15 the tradition of the eastern orthodox church also contributed to the corpus of ecclesiastical norms of eastern orthodox canon law by providing truths of faith that eventually became universally accepted 16 in eastern orthodox canon law a canonical epistle is a commentary from a bishop on some issue which was given the status of canon law 9 hierarchy edit there is a hierarchy among the sources of eastern orthodox canon law 13 canons are considered as the ecclesiastical enactment of the highest authorities in the church as well as revealed truth of christ and scriptures sometimes mediated by spiritual fathers experience there is a hierarchy among them canons issued by ecumenical councils are the most important ones they are followed in importance by those issued by local councils the last canons in importance are those issued by church fathers 13 as for the rules and decrees issued by individual eastern orthodox churches they have a local not universal application therefore they are considered as advisory rules 13 the 85 canons of the holy apostles hold a special place in eastern orthodox canon law 8 non codification edit the canon law of the eastern orthodox church is not codified the corpus of eastern orthodox canon law was never streamlined or organized into a formal code of ecclesiastical law as in the roman catholic church some hierarchs priests and theologians have encouraged a codification in the past but their will did not go beyond the level of desire some canons of the eastern orthodox canon law contradict each others such as those related to the reception of heretics in the church and the validity of their sacraments 5 since there is no universal codification of eastern orthodox canon law a great importance is given to the local legislation of each eastern orthodox church eastern orthodox christians consider the canon 39 of the quinisext council of 691 for our god bearing fathers also declared that the customs of each church should be preserved has recognised the right of each local church to have its own special laws or regulations however those laws or regulations must always reflect the spirit of the eastern orthodox church s universal law as found in the canons 4 history edit most canons of the eastern orthodox canon law were issued as a response to some specific dogmatic or moral question or to deviation which happened in the history of the eastern orthodox church the very existence of those canons as well as their particular formulation is due to some specific controversies in history 12 the first canon of the council of chalcedon states it is imperative for the whole eastern orthodox church to obey all previously formulated canons 9 legislations taken from patristic writings were first introduced into the legislation of the eastern orthodox church through the work of the 6th century patriarch john scholasticus of constantinople in his influential collection of ecclesiastical canons called the synagoge of ecclesiastical canons divided into 50 titles 17 14 in this collection divided into 50 titles according to ecclesiastical hierarchy scholasticus included all the canons of the eastern ecumenical and local councils the 85 apostolic canons the canons of the synod of serdica and the 68 canons from st basil which were derived from his second and third canonical epistles 17 canon 1 of the nicea ii council provides recognition of canonical sources 14 this canon states that fidelity is to be observed toward all previous canons in the second canon of the same council it is stated it is required for any bishop at his consecration to solemnly vow his allegiance to the canons 9 the presence of a canon in an eastern orthodox canon collection does not mean that said canon was in force at the time it was put in the collection this is because some canonical collections are made to record institutions and practice which had ceased to exist a long time ago for example certain later byzantine canonical collections speak of the order of penitents mourners listeners prostraters and those that stand together with or of the african church as if these realities of the early church continued to exist later in the middle ages 2 in the late byzantine period i e from twelfth to fifteenth century there were systematic approach to translate the canons into a contemporary application in contrast in the modern age the eastern orthodox church has no appropriated its receive formal corpus of canon law generally understood as the canons of ecumenical concils local councils and those drawn from patristic writings 14 mihai claims the canons and rules which compose eastern orthodox canon law were passed on and preserved without being changed through generations 18 compilations core corpus edit title page of a 1886 edition of the rudder a famous eastern orthodox collection of canons 19 the canons of the eastern orthodox canon law were issued by the ecumenical councils by regional councils subsequently ratified by ecumenical councils and by the fathers of the church those canons were collected and interpreted in the rudder 19th century as well as in other collections of canons 20 the rudder was written by st nicodemus and st agepius and was first published in 1800 it was later adopted by patriarch neophytos vii of constantinople and his endemic synod as an official canon law collection 21 it is currently the most widely used canon law collection in the greek speaking eastern orthodox churches 4 the general consensus accepts that the core corpus of eastern orthodox canon law is a corpus formed in 883 a nomocanon by photios this nomocanon of 883 is composed of the nomocanon in 14 articles material taken from the quinisext council edicts from the nicea ii council and of the 861 and 879 synods of constantinople and the epistle of st tarasios 22 23 list of sources of canons edit sources for the canons of the eastern orthodox canon law are according to mihai 24 canons of the ecumenical councils nicaea i 325 20 canons constantinople i 381 7 canons ephesus 431 8 canons chalcedon 341 30 canons quinisext council 691 102 canons nicaea ii 787 22 canons canons of local councils carthage 256 1 canon a ancyra 314 25 canons a neocaesarea 324 sic likely 314 15 canons b gangra 340 21 canons a antioch 341 25 canons a laodicea 380 60 canons a sardica 343 21 canons a constantinople 394 1 canons a carthage ii 419 133 138 or 141 canons depending on the source council of constantinople 861 17 canons fourth council of constantinople 879 880 3 canons canons of the church fathers dionysius of alexandria 195 265 4 canons c gregory of neocaesarea 213 270 11 canons c peter of alexandria 311 15 canons c athanasius the great of alexandria 295 373 3 canons c basil of caesarea 330 379 92 canons a timothy of alexandria 385 18 canons c gregory the theologian 390 1 canon gregory of nyssa 395 8 canons a amphilochius of iconium 404 1 canon theophilus of alexandria 412 14 canons a cyril of alexandria 444 5 canons a gennadius of constantinople 471 1 canon a john of constantinople 595 34 49 or 65 canons depending on the source d tarasius of constantinople 828 1 canon d theodore of studium 759 827 17 canons d nicephorus of constantinople 828 49 canons d nicholas patriarch of constantinople 1111 11 canons canons attributed to the apostles canons of the holy apostles 85 canons juridical specificities edit see also interpretation catholic canon law in eastern orthodox canon law the canons are considered as of the church therefore they cannot be considered as positive laws in a juridical sense 12 the canons in use in the eastern orthodox church are not exhaustive as they do not cover every possible aspect of the faith and life of the church 12 the nature of e o canon law is corrective not prescriptive this means e o canon law responds to situations once they have occurred and have affected the value of the church rather than anticipating situations before they arrive 25 eastern orthodox canon law is reactive not proactive this means that canons were issued in response to situations and behaviors that deviated from the norms not for future or potential situations through the passage of time some new sins have come to exist for which there is no canon it is possible a canonist through careful interpretation and association could recommend an existing canon for a sin of this type for example an already existing canon condemning the self mutilation of one s body may be applied to tattoos or piercings the interpretation of the canons must be made according to the mind intention of the eastern orthodox church and not according to the interpreter s opinion 26 the dispenser of the canon s can be a bishop a priest or a spiritual father 27 there are no precedents in eastern orthodox canon law moreover each decision in eastern orthodox canon law is unique and often private because of the application of akriveia or economia 28 the success of the application of eastern orthodox canon law depends on how much the sinner accepts the canon law s corrective measures the more the sinner accepts the more successful the application is 16 penances edit knowing that love rather than fear is the basis of human behavior e o canon law seeks to personalize penances to suit both the gravity of the sin and the attitude of the penitent 25 in eastern orthodox canon law there exists two notions akriveia and economia akriveia which is harshness is the strict application sometimes even extension of the penance given to an unrepentant and habitual offender economia which is sweetness is a judicious relaxation of the penance when the sinner shows remorse and repentance 13 disciplinary canons are subject to interpretation and to the use of akriveia or economia because they were given in for specific situations and in specific contexts that could change over time in contrast dogmatic canons are not subject to interpretation or to akriveia or economia this is because dogmatic canons are considered as unchangeable immutable truths of faith 13 subjects edit the subjects of eastern orthodox canon law are the sources of eastern orthodox canon law church order the foundation of new eastern orthodox churches the canonization of saints the ecclesiastical calendar control for the execution of justice the ecclesiastical court marriage regulations reception of converts from other confessions the church s relations with civil authorities the correlation of church law with civil law finances and ownership relations eastern orthodox canon law includes the subjects and methods of other theological disciplines critical analysis church history doctrinal teaching dogmatics canons of the holy fathers patristics baptism and reception into the church liturgics 1 interpretation edit eastern orthodox canons are accepted within the church as not being self explanatory the canons cannot be interpreted without taking into account their doctrinal context and praxis as well as the tradition of piety 9 goals edit eastern orthodox christians believe that when jesus christ assigned the eastern orthodox church a society of mortal humans with the task of saving souls he obliged the church to have a canon law as a necessary mean for its survival eastern orthodox christians believe the goal of their canon law is to assist the eastern orthodox church to organise itself to supervise the orthodoxy of its members and to prevent factionalism within the eastern orthodox church in brief eastern orthodox christians believe jesus christ obliged the eastern orthodox church to give itself a set of rules in order for it to survive 4 comparisons edit civil law edit in contrast to what happens in civil law in eastern orthodox canon law the penalties for canonical transgressions are medicinal and directed towards the spiritual state of the violator as well as the well being of the body of christ the church this is evidenced by the drastic step of isolating a spiritually destructive member through excommunication 2 the sources between eastern orthodox canon law and civil law are different the source for civil law is the secular powers the ruler the parliament or the elected legislative body while eastern orthodox canon law is made by the e o church and the source for e o canon law is the will of god 29 25 the differences between secular and eastern orthodox canon law are also in purpose because the purpose of eastern orthodox canon law is humanity s salvation in time because eastern orthodox canon law extends beyond this life into the next life in scope because eastern orthodox canon law includes one s conscience and in place because eastern orthodox canon law applies to the universal church moreover the philosophy also differs the eastern orthodox canon law s matter is the soul of and sins while civil law s matter is the breaking of the law 25 another difference is that contrarily to secular law the principle of e o canon law is voluntary obedience and not forced constraints the punishments for violating e o canon law are to be voluntarily accepted and followed they are not forced 29 other christian canon laws edit according to mihai vasile interpretation of eastern orthodox canon law is based neither on legalism as in the roman catholic church nor on logic as in protestant churches but on both intellectual and mystical approaches to god 27 according to lewis j patsavos another distinction from catholic canon law is that the eastern orthodox tradition is corrective rather than prescriptive rather than anticipate a particular situation or hypothetical issue the canon law of eastern orthodoxy is developed in response to events questions or circumstances as they arise 4 see also edit ancient church orders collections of ancient canons kormchaia syntagma canonum stoglav tomos eastern orthodox church eastern orthodox church organization canonical territory canon law of the anglican communion byzantine law typikon notes edit 1 2 3 4 5 6 7 8 9 10 11 12 approved by canon 2 of the quinisext council and the canon 1 of the nicea ii council according to mihai p 36 7 approved by canon 2 of the nicea ii council c 2 vii according to mihai p 36 very likely a typographical error for canon 2 of the quin...
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