Church Law And Church Order In Rome And Byzantium

This book presents a comparative study of church order in the East and West of the Christian world. It deals with the development of canon law from the 6th century, the time of Dionysius Exiguus and John Scholastikos, up to the period of Balsamon and Gratian. While the focus is upon Rome and Constantinople, the author includes in his discussion the churches under Islamic rule, in Syria and Persia, and describes the beginnings of Slavonic canon law in Moravia. The issues of church government, the discipline of the clergy (married or celibate), and the question of divorce and re-marriage are key themes. By illustrating how these were faced in the canon law of the Christian churches of late antiquity and the earlier Middle Ages, the book highlights questions of unity and diversity within the Christian tradition.

Intro -- Contents -- Acknowledgments -- Abbreviations -- 1. The Formation of Ecclesiastical Law in the Early Church -- 2. Sources of the Greek Canon Law to the Quinisext Council (691/2): Councils and Church Fathers -- 3. Byzantine Canon Law to 1100 -- 4. Byzantine Canon Law from the Twelfth to the Fifteenth Centuries -- 5. Sources of Canon Law in the Eastern Churches -- Index of Councils and Synods -- General Index.

Southern Italy was conquered by the Norman Hauteville dynasty in the late eleventh century after over five hundred years of continuous Byzantine rule. At a stroke, the region's Greek Christian inhabitants were cut off from their Orthodox compatriots in Byzantium and became subject to the spiritual and legal jurisdiction of the Roman Catholic popes. Nonetheless, they continued to follow the religious laws of the Byzantine church; out of thirty-six surviving manuscripts of Byzantine canon law produced between the tenth and fourteenth centuries, the majority date to the centuries after the Norman conquest. Byzantine Religious Law in Medieval Italy is a historical study of these manuscripts, exploring how and why the Greek Christians of medieval southern Italy persisted in using them so long after the end of Byzantine rule. The first part of the book provides an overview of the source material and the history of Italo-Greek Christianity. The second part examines the development of Italo-Greek canon law manuscripts from the last century of Byzantine rule to the late twelfth century, arguing that the Normans' opposition to papal authority created a laissez faire atmosphere in which Greek Christians could continue to follow Byzantine religious law unchallenged. Finally, the third part analyses the papacy's successful efforts to assert its jurisdiction over southern Italy in the later Middle Ages. While this brought about the end of Byzantine canon law as an effective legal system in the region, the Italo-Greeks still drew on their legal heritage to explain and justify their distinctive religious rites to their Latin neighbours.

Church and Order. A Reformed Perspective are the Onclin lectures given at the Faculty of Canon Law in Leuven during February 1998. The first four chapters give a perspective on the fundamental principles of Reformed Church Government. Follows a discussion of what a Church Order as a document of order in the church is all about - its scope, its authority, its relationship to Holy Scripture etc. The last chapter is a reflection on how the rights of people can and should be protected in reformed churches - a burning issue in our day. The book is also an attempt to take note of canon law developments within the Roman Catholic Church and also to contribute to the dialogue between Rome and the churches of the reformation.

Byzantine church law remains terra incognita to most scholars in the western academy. In this work, David Wagschal provides a fresh examination of this neglected but fascinating world. Confronting the traditional narratives of decline and primitivism that have long discouraged study of the subject, Wagschal argues that a close reading of the central monuments of Byzantine canon law c. 381-883 reveals a much more sophisticated and coherent legal culture than is generally assumed. Engaging in innovative examinations of the physical shape and growth of the canonical corpus, the content of the canonical prologues, the discursive strategies of the canons, and the nature of the earliest forays into systematization, Wagschal invites his readers to reassess their own legal-cultural assumptions as he advances an innovative methodology for understanding this ancient law. Law and Legality in the Greek East explores topics such as compilation, jurisprudence, professionalization, definitions of law, the language of the canons, and the relationship between the civil and ecclesiastical laws. It challenges conventional assumptions about Byzantine law while suggesting many new avenues of research in both late antique and early medieval law, secular and ecclesiastical.

In this volume leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. Subdivided into four topical categories, the essays cover the entire range of the history of medieval canon law from the sixth to the sixteenth century.

This book provides for the first time in English a wide range of Byzantine legal sources and explains Byzantine law through these sources, thereby offering a scholarly introduction to the background and content of Byzantine law.