scholarly journals ZAKAZ KAZIRODZTWA W PRAWIE RZYMSKIM I PRAWODAWSTWIE KOŚCIELNYM (III-VI W.)

2016 ◽  
Vol 11 (1) ◽  
pp. 215 ◽  
Author(s):  
Joanna Misztal-Konecka

THE PROHIBITION OF INCEST IN ROMAN LAW AND CHURCH LEGISLATION (III-VI) Summary Roman Law enlarged the number of marital prohibitions based on kinship and affinity in the period from the end of third century to sixth century: there were prohibited marriages with nieces, between consobrini, and between related in the second degree of affinity in the collateral line. It is important to observe that only two Roman Church synods – in the period from the end of third century to sixth century – took into consideration incest problem. The Synod of Elvira (circa 295-306) banned the connection with the deceased wife’s sisters and with the stepdaughters. The Synod in Neocesarea (circa 314-319) excluded the successive woman’s marriage with two brothers. The influence of the Church law cannot explain the sharpening of Roman legislation applied to incest, neither the influence of bishops like St. Ambrose can explain emperors’ decisions. It should be rather assumed that pagan sexual morals became stricter under the influence of new political elites and stoicism.

2019 ◽  
pp. 29-49
Author(s):  
Krzysztof Ratajczak

The aim of the article is to present the beginnings and the subsequent development and evolution of church law in the sphere of education from the 4th to the beginning of the 16th century. The roots of the acts of law presented by the Popes, synods and councils were based on the traditions of Roman law, but a variety of reasons from the field of policy, economy and society led to the need to establish a church school system. The aim of the Church was to create an independent school system with its own purposes, different from civil schools. The article shows the main factors in the development of the legislation in the sphere of education and the functioning of the schools, and the relationship between civil and Church leaders. Another field of analysis is to search for the inspirations, aims and reception of the law in cathedral, collegiate, parish and monastic schools.


1998 ◽  
Vol 67 (2) ◽  
pp. 227-253 ◽  
Author(s):  
Andrea Sterk

Toward the end of the third century Bishop Narcissus of Jerusalem retired to the desert to escape the burdens and intrigues of the episcopate and devote himself to the “philosophic life.” By the sixth century we find much more often the reverse phenomenon—monks, with alleged unwillingness, abandoning the peace and solitude of the desert to engage in active episcopal careers. The intervening period saw the phenomenal spread of the monastic movement and its gradual assimilation by the hierarchy of the church. Monasteries contained rising numbers of ordainedpriests and deacons, and bishops were increasingly chosen from the ranks of monks. This process accelerated in the Christian East to such an extent that from the sixth century on monasteries are said to have served as virtual “seminaries for bishops.”


2021 ◽  
Vol 57 ◽  
pp. 277-299
Author(s):  
Matleena Sopanen

This article examines the interplay between religious agency and institutional control. The Church Law of 1869 gave members of the Lutheran Church of Finland the right to apply to chapters for permission to preach. Men who passed the examinations became licensed lay preachers, who could take part in teaching Christianity and give sermons in church buildings. Applicants had varying backgrounds, skills and motivations. In order to avoid any disruption in church life, they had to be screened carefully and kept under clerical supervision. However, licensed lay preachers could also be of great help to the church. In a rapidly changing modern society with a growing population and a recurring lack of pastors, the church could not afford to disregard lay aid. The article shows how the Lutheran Church both encouraged and constrained the agency of the licensed lay preachers.


2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Jaakko Husa

AbstractThis article examines the complicated legal-cultural process in which Roman law became Byzantine law and Roman legal discourse altered into Byzantine legal discourse. Roman law’s transformation into Early Byzantine law is analysed from the point of view of legal language which mutated from Latin to Greek. The approach is legal cultural and legal linguistic and focuses on the overall shape and general patterns. The goal is to highlight how legal-cultural transformation was incremental, language-bound and that there was no radical or sudden culmination point. Moreover, the analysis answers generally to the question of why sixth-century Byzantine legislative Greek contained frequent Latin loans, expressions, phrases and distortions. The discussion concentrates on the Novellae as an integral part of the process of legal cultural and linguistic change from Roman to Byzantine. Instead of going into detailed linguistic analysis, this article underlines generally the contextuality of law and the importance of legal culture


Traditio ◽  
2010 ◽  
Vol 65 ◽  
pp. 1-29 ◽  
Author(s):  
Thomas O'Loughlin

In the late third century Eusebius of Caesarea, better remembered now for his work as a historian of the church, produced an apparatus for the reconciliation of the disagreements found in the four Christian gospels. It was a remarkable work in its own right for it preserved, as the tradition demanded, the plurality of the gospels, while allowing them to be presented and studied as a single entity, “the gospel,” and so succeeding in Tatian's aim in hisDiatessaron— as exegesis and apologetics demanded. Moreover, though now largely forgotten, it remained an important element within theology for centuries. This paper's aim is to locate the significance of Eusebius's work in its original setting in the world of late antiquity and the Christian defense of pagan challenges to the gospels' integrity, and then to follow the influence of his work within just one strand of the tradition: that which forms the background of western, Latin theology. So it will note how that work was adopted and adapted by Jerome, how it then passed on to the late-patristic Latin schoolmasters who sought to transform all learning into convenient modules of defined value, and then was taken up by others in just one region of the Latin West, the insular world, such as the anonymous scribes of the Book of Kells, the Stowe Missal, and the Book of Deer, for whom Eusebius's work was a mystery that they could not simply abandon, even when they could not understand it. Throughout this period, the Eusebian Apparatus roused the intellect of scholars, teachers, and scribes, but in each milieu the significance and perceived utility of the Apparatus was different. The history of ideas is about changes within intellectual and textual continuities, and with the Apparatus we have a clearly identifiable scholarly tool that does not in itself change over the period, but whose reception and exploitation vary greatly.


1972 ◽  
Vol 52 (2) ◽  
pp. 269-275 ◽  
Author(s):  
John M. Coles

SummaryThe evidence of human activity in the Somerset Levels in the first millennium B.C. consists of wooden trackways laid across areas of developing raised bog, and joining small settlements on the higher, drier lands of the Poldens and the Wedmore ridge. The excavation of one of these tracks, of the sixth century B.C., is described. Stray finds of weapons and tools continue to be made by peat-cutters and by archaeologists; the most recent of these finds are a hazelwood peg or truncheon, and a sycamore tent peg, of the fourth or third century B.C. The relationship of the trackways and other finds to the marshside villages at Meare remains to be established.


2013 ◽  
Vol 49 ◽  
pp. 87-98
Author(s):  
John Doran

In the conclusion to his masterly biography of Pope Gregory VII (1073–85), H. E. John Cowdrey notes the paradox that the pope so lionized by modern historians, to the extent that the age of reform bears his name, was largely forgotten in the twelfth century and made little impact on Christian thought, spirituality or canon law. Cowdrey is not alone in his observation that Gregory ‘receded from memory with remarkable speed and completeness’; when he was remembered, it was as a failure and as one who brought decline upon the church. For Cowdrey, the answer to this conundrum lay in the fact that Gregory VII was in fact far closer to the ideals of the sixth century than of the twelfth; he was a Benedictine monk and shared the worldview and oudook of Gregory the Great (590–604) rather than those of the so-called lawyer popes Alexander III (1159–81) and Innocent III (1198–1216). Yet within a century of Gregory’s death he was presented by Cardinal Boso as a model pope, who had overcome a schismatic emperor and the problems which his interference had precipitated in Rome. For Boso, writing for the instruction of the officials of the papal chamber, the very policies set out by Gregory VII were to be pursued and emulated. Far from being a peripheral and contradictory figure, with more in common with the distant past than the near future, Gregory was the perfect guide to the beleaguered Pope Alexander III, who was also struggling against a hostile emperor and his antipope.


2020 ◽  
Vol 15 (1) ◽  
pp. 12-17
Author(s):  
Andriy Kobetіak

The article deals with one of the fundamental problems of the whole corps of the church law – autocephalous principle of the existence of the church. This problem drives the researchers' attention to the very essence of the existence of orthodoxy in general. The preaching of Christ and the Gospel leave no direct pointers of the internal organization of the church. The apostles make only the subtle hints to the administrative arrangement of the church in general. Their mission preaching and spreading the faith to all nations, however, they did not envisage any other administrative system than autocephaly. Church dogmas and canons, which regulate all aspects of the life of the Church, were formed during the heyday of Christianity in the Byzantine Empire. However, the significant politicization and dependence of the church on imperial power led to the proclamation of a number of canons that contradicted the original nature of the church. This also applies to autocephaly. Under the pressure of the state authorities, the primacy of honor together with ancient Rome is shared by the capital's Constantinople chair. The theory of the "Five Patriarchates" is be- ing formed, which are called to rule the world Orthodoxy. During the Ecumenical Councils, autocephaly was transformed from a basic and natural state of the Church existence into a certain privilege and a subject of political bargaining in the international arena.Despite the long process of forming the canonical and legal corps of Orthodoxy, there is no clear regulation of the procedure for proclaiming a new autocephalous church today. This led to significant misunderstandings and the termination of Eucharistic communion by a number of Local Churches after granting autocephalous status to the Ukrainian Church. Theological disputes over the very procedure of signing the Tomos still take place today. Besides theoretical justification, the internal church structure also has a practical value for the process of bestowing autocephaly on the new national Local Churches. This is relevant due to the struggle of a number of modern countries for the church independence and the Ecumenical recognition. Starting since the Byzantine Empire times, the state power has constantly imposed its own church management principle and methods, which often was going against traditions and canonical norms. Orthodox ecclesiology offers its own approach to church-administrative management. It is proved that merely the autocephalous system is the only acceptable option of the existence of the Universal Orthodoxy.


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