Canon law of the Eastern Orthodox Church
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The canon law of the Eastern Orthodox Church consists of the ecclesiastical regulations recognised by the authorities of the
Eastern Orthodox Church The Eastern Orthodox Church, also called the Orthodox Church, is the second-largest Christian church, with approximately 220 million baptized members. It operates as a communion of autocephalous churches, each governed by its bishops vi ...
, together with the discipline, study, and practice of Eastern Orthodox
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
. In the Eastern Orthodox Church,
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
is a behavioural standard that aims to apply
dogma Dogma is a belief or set of beliefs that is accepted by the members of a group without being questioned or doubted. It may be in the form of an official system of principles or doctrines of a religion, such as Roman Catholicism, Judaism, Isla ...
to practical situations in the daily life of Eastern Orthodox Christians. Unlike the canon law of the Roman Catholic Church, Eastern Orthodox canon law is corrective rather than prescriptive, which means it is formulated in response to certain questions, challenges, or situations. Eastern Orthodox canon law is the formalised part of the
divine law Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typicall ...
, and ultimately aims to promote the "spiritual perfection" of church members. The canon law of the Eastern Orthodox Church is uncodified; its
corpus Corpus is Latin for "body". It may refer to: Linguistics * Text corpus, in linguistics, a large and structured set of texts * Speech corpus, in linguistics, a large set of speech audio files * Corpus linguistics, a branch of linguistics Music * ...
has never been organised or harmonised into a formal code of
ecclesiastical law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
. Consequently, some canons of Eastern Orthodoxy contradict each other, such as those related to the reception of
heretics Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religi ...
in the Church and the validity of their sacraments.


Definition

Eastern Orthodox canon law is "a standard for behavior" and "the attempt to apply
dogma Dogma is a belief or set of beliefs that is accepted by the members of a group without being questioned or doubted. It may be in the form of an official system of principles or doctrines of a religion, such as Roman Catholicism, Judaism, Isla ...
to practical situation in the daily life of each
astern Orthodox This list of ship directions provides succinct definitions for terms applying to spatial orientation in a marine environment or location on a vessel, such as ''fore'', ''aft'', ''astern'', ''aboard'', or ''topside''. Terms * Abaft (preposition ...
Christian". Eastern Orthodox canon law "the formalized part of
divine law Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typicall ...
." Viscuso writes that the Eastern Orthodox canon law expresses two realities.
Theologically Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the ...
, it is the expression of "God's truth given the time and circumstances"; ecclesiologically, it is the expression of the Eastern Orthodox Church's " pastoral life" and the Eastern Orthodox Church's history. He says Eastern Orthodox canon law "is incarnational; the truth is being applied to or incarnated in specific circumstances of history."


Sources

Eastern Orthodox canon law has three sources: * the
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts ...
* Church legislations (both written rules and
oral traditions Oral tradition, or oral lore, is a form of human communication wherein knowledge, art, ideas and cultural material is received, preserved, and transmitted orally from one generation to another. Vansina, Jan: ''Oral Tradition as History'' (1985) ...
) * ecclesiastical customs The Bible contain no "detailed system of Church organization"; the role of the Bible in Eastern Orthodox canon law is that it "embodies principles of Christian doctrine from which rules may be extrapolated for solving disciplinary problems within the Church–but only the Church itself may do that." Church legislations are composed of the local councils and the Ecumenical councils. Ecclesiastical customs are not the
Holy Tradition Sacred tradition is a theological term used in Christian theology. According to the theology of the Catholic, Eastern Orthodox, Oriental Orthodox and Assyrian churches, sacred tradition is the foundation of the doctrinal and spiritual authority o ...
, because ecclesiastical customs are a source for Church discipline whereas the Holy Tradition is a source for
dogma Dogma is a belief or set of beliefs that is accepted by the members of a group without being questioned or doubted. It may be in the form of an official system of principles or doctrines of a religion, such as Roman Catholicism, Judaism, Isla ...
. In order for a custom to be part of E. O. canon law, it "must have been observed for a long time, it must have been freely subscribed to, and it must be in conformity with principles of faith and order."


Canons

In the Eastern Orthodox Church, canons are " ecclesiastical norms issued by the Church through the collective voice of the bishops gathered in ecumenical or local synods, speaking through the inspiration of the Holy Spirit and in agreement with
Christ Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew/Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and religious ...
's teaching and the
dogmas Dogma is a belief or set of beliefs that is accepted by the members of a group without being questioned or doubted. It may be in the form of an official system of principles or doctrines of a religion, such as Roman Catholicism, Judaism, Islam o ...
of the Church. In addition, the Fathers of the Church issued canons or wrote letters that eventually came to be considered entirely or partially canonical. ..A special place in
astern Orthodox This list of ship directions provides succinct definitions for terms applying to spatial orientation in a marine environment or location on a vessel, such as ''fore'', ''aft'', ''astern'', ''aboard'', or ''topside''. Terms * Abaft (preposition ...
Canon Law is given to the ighty-five
Canons of the Holy Apostles The Apostolic Canons, also called Apostolic canons (Latin: ''Canones apostolorum'', "Canons of the Apostles"), Ecclesiastical Canons of the Same Holy Apostles, or Canons of the Holy Apostles, is a 4th-century Syrian Christian text. It is an Anc ...
, attributed to the Apostles and collected in different works." All Eastern Orthodox Christians must mandatorily obey the canons. Most Eastern Orthodox canons are the disciplinary, or penitential, canons; those canons primarily concern wrongdoings and
sins In a religious context, sin is a transgression against divine law. Each culture has its own interpretation of what it means to commit a sin. While sins are generally considered actions, any thought, word, or act considered immoral, selfish, s ...
. Other types of canons are those which deal with administrative and dogmatic matters. Many of the administrative canons are not very different from secular laws and regulations, because those canons were issued as a result of interactions between the Church and the State. Canons which concern administrative or disciplinary matters – which are most canons – are not considered to be infallible, and can therefore be changed or reinterpreted by an ecumenical council. Some canons are considered as infallible and therefore unchangeable: those are "council definitions which speak about an article of the
Christian faith Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global popul ...
", as well as " me canons of a moral and ethical character ..whose meaning is absolute and eternal and whose violation can in no way be justified" like the canons forbidding simony. Some Eastern Orthodox theologians refer to the Eastern Orthodox canons as "holy canons".


Other legislations

The
canon Canon or Canons may refer to: Arts and entertainment * Canon (fiction), the conceptual material accepted as official in a fictional universe by its fan base * Literary canon, an accepted body of works considered as high culture ** Western ca ...
2 of the ''in Trullo'' council establishes that the official canonical sources are: the Apostles, ecumenical and local councils, and 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
patriarch The highest-ranking bishops in Eastern Orthodoxy, Oriental Orthodoxy, the Catholic Church (above major archbishop and primate), the Hussite Church, Church of the East, and some Independent Catholic Churches are termed patriarchs (and in certai ...
s, acts of synods, canonical commentaries, canonical works in various forms including nomokanons, canonical responses, and others." Along with the canons,
autocephalous Autocephaly (; from el, αὐτοκεφαλία, meaning "property of being self-headed") is the status of a hierarchical Christian church whose head bishop does not report to any higher-ranking bishop. The term is primarily used in Eastern O ...
Eastern Orthodox Churches, "as well as other branches of the Church, issued their own canonical
decrees A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...
, 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. The
Tradition A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays or ...
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. 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.


Hierarchy

There is a hierarchy among the sources of Eastern Orthodox canon law. 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. 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." The 85
Canons of the Holy Apostles The Apostolic Canons, also called Apostolic canons (Latin: ''Canones apostolorum'', "Canons of the Apostles"), Ecclesiastical Canons of the Same Holy Apostles, or Canons of the Holy Apostles, is a 4th-century Syrian Christian text. It is an Anc ...
hold a "special place" in Eastern Orthodox canon law.


Non-codification

The canon law of the Eastern Orthodox Church is not codified; the
corpus Corpus is Latin for "body". It may refer to: Linguistics * Text corpus, in linguistics, a large and structured set of texts * Speech corpus, in linguistics, a large set of speech audio files * Corpus linguistics, a branch of linguistics Music * ...
of Eastern Orthodox canon law "was never streamlined or organized into a formal code of
ecclesiastical law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
(as in the Roman Catholic Church)." Some
hierarchs An ordinary (from Latin ''ordinarius'') is an officer of a church or civic authority who by reason of office has ordinary power to execute laws. Such officers are found in hierarchically organised churches of Western Christianity which have an ...
, priests and
theologians Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the s ...
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 Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religi ...
in the Church and the validity of their sacraments. 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 The Quinisext Council (Latin: ''Concilium Quinisextum''; Koine Greek: , ''Penthékti Sýnodos''), i.e. the Fifth-Sixth Council, often called the Council ''in Trullo'', Trullan Council, or the Penthekte Synod, was a church council held in 692 at ...
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.


History

Most canons of the Eastern Orthodox canon law were issued as a response to some specific
dogmatic Dogma is a belief or set of beliefs that is accepted by the members of a group without being questioned or doubted. It may be in the form of an official system of principles or doctrines of a religion, such as Roman Catholicism, Judaism, Islam o ...
or moral question, or to deviation, which happened in the
history of the Eastern Orthodox Church The History of the Eastern Orthodox Church is the formation, events, and transformation of the Eastern Orthodox Church through time. According to the Eastern Orthodox tradition the history of the Eastern Orthodox Church is traced back to Jesus ...
; the very existence of those canons as well as their particular formulation is due to some specific controversies in History. The first canon of the
Council of Chalcedon The Council of Chalcedon (; la, Concilium Chalcedonense), ''Synodos tēs Chalkēdonos'' was the fourth ecumenical council of the Christian Church. It was convoked by the Roman emperor Marcian. The council convened in the city of Chalcedon, Bi ...
states it is imperative for the whole Eastern Orthodox Church to obey all previously formulated canons. 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 '' of Ecclesiastical Canons Divided into 50 Titles''. 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. Canon 1 of the Nicea II council "provides recognition of canonical sources." 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. 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 The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinopl ...
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 In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
." In the late
Byzantine period The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinopl ...
, 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 Corpus is Latin for "body". It may refer to: Linguistics * Text corpus, in linguistics, a large and structured set of texts * Speech corpus, in linguistics, a large set of speech audio files * Corpus linguistics, a branch of linguistics Music * ...
of
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
, generally understood as the canons of ecumenical concils, local councils, and those drawn from patristic writings." Mihai claims the canons and rules which compose Eastern Orthodox canon law were passed on and preserved without being changed through generations.


Compilations, core corpus

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. ''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 In the Eastern Orthodox Church, the endemic synod or ( gr, ἐνδημοῦσα σύνοδος) was the permanent standing synod of bishops of the Patriarchate of Constantinople that met frequently but irregularly to deal with issues of discipli ...
as an official canon law collection. It is currently the most widely used canon law collection in the Greek-speaking Orthodox Churches. 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 __NOTOC__ Year 861 ( DCCCLXI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * March – Robert the Strong is appointed margrave of Neustria by King Ch ...
and
879 __NOTOC__ Year 879 ( DCCCLXXIX) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * April 10 – King Louis the Stammerer dies at Compiègne, after a reign ...
synods of Constantinople, and the Epistle of St. Tarasios.


List of sources of canons

Sources for the canons of the Eastern Orthodox canon law are, according to Mihai: * Canons of the ecumenical councils **
Nicaea I The First Council of Nicaea (; grc, Νίκαια ) was a council of Christian bishops convened in the Bithynian city of Nicaea (now İznik, Turkey) by the Roman emperor, Roman Emperor Constantine the Great, Constantine I in AD 325. This ecu ...
(325): 20 canons ** Constantinople I (381): 7 canons ** Ephesus (431): 8 canons **
Chalcedon Chalcedon ( or ; , sometimes transliterated as ''Chalkedon'') was an ancient maritime town of Bithynia, in Asia Minor. It was located almost directly opposite Byzantium, south of Scutari (modern Üsküdar) and it is now a district of the cit ...
(341): 30 canons **
Quinisext council The Quinisext Council (Latin: ''Concilium Quinisextum''; Koine Greek: , ''Penthékti Sýnodos''), i.e. the Fifth-Sixth Council, often called the Council ''in Trullo'', Trullan Council, or the Penthekte Synod, was a church council held in 692 at ...
(691): 102 canons **
Nicaea II The Second Council of Nicaea is recognized as the last of the first seven ecumenical councils by the Eastern Orthodox Church and the Catholic Church. In addition, it is also recognized as such by the Old Catholic Church, Old Catholics, the Ang ...
(787): 22 canons * Canons of local councils **
Carthage Carthage was the capital city of Ancient Carthage, on the eastern side of the Lake of Tunis in what is now Tunisia. Carthage was one of the most important trading hubs of the Ancient Mediterranean and one of the most affluent cities of the cla ...
(256): 1 canon **
Ancyra Ankara ( , ; ), historically known as Ancyra and Angora, is the capital of Turkey. Located in the central part of Anatolia, the city has a population of 5.1 million in its urban center and over 5.7 million in Ankara Province, mak ...
(314): 25 canons **
Neocaesarea Niksar, historically known as Neocaesarea (Νεοκαισάρεια), is a city in Tokat Province, Turkey. It was settled by many empires, being once the capital city of the province. Niksar is known as "Çukurova of the North-Anatolia" due to it ...
(324 'sic'', likely 314: 15 canons ** Gangra (340): 21 canons **
Antioch Antioch on the Orontes (; grc-gre, Ἀντιόχεια ἡ ἐπὶ Ὀρόντου, ''Antiókheia hē epì Oróntou'', Learned ; also Syrian Antioch) grc-koi, Ἀντιόχεια ἡ ἐπὶ Ὀρόντου; or Ἀντιόχεια ἡ ἐπ ...
(341): 25 canons ** Laodicea (380): 60 canons **
Sardica Serdika or Serdica ( Bulgarian: ) is the historical Roman name of Sofia, now the capital of Bulgaria. Currently, Serdika is the name of a district located in the city. It includes four neighbourhoods: "Fondovi zhilishta"; "Banishora", "Orlandov ...
(343): 21 canons ** Constantinople (394): 1 canons ** Carthage II (419): 133, 138 or 141 canons depending on the source **
Council of Constantinople (861) The Council of Constantinople of 861, also known as ''Protodeutera'', was a major Church Council, convened upon the initiative of Emperor Michael III of Byzantium and Patriarch Photios I of Constantinople, and attended by legates of Pope Nicholas ...
: 17 canons ** Fourth Council of Constantinople (879–880): 3 canons * Canons of the Church Fathers **
Dionysius of Alexandria Dionysius the Great ( grc, Διονύσιος Ἀλεξανδρείας) was the 14th Pope and Patriarch of Alexandria from 28 December 248 until his death on 22 March 264. Most information known about him comes from his large surviving correspo ...
(195-265): 4 canons ** Gregory of Neocaesarea (213-270): 11 canons ** Peter of Alexandria (-311): 15 canons ** Athanasius the Great of Alexandria (295-373): 3 canons ** Basil of Caesarea (330-379): 92 canons ** Timothy of Alexandria (-385): 18 canons **
Gregory the Theologian Gregory of Nazianzus ( el, Γρηγόριος ὁ Ναζιανζηνός, ''Grēgorios ho Nazianzēnos''; ''Liturgy of the Hours'' Volume I, Proper of Saints, 2 January. – 25 January 390,), also known as Gregory the Theologian or Gregory N ...
(-390): 1 canon **
Gregory of Nyssa Gregory of Nyssa, also known as Gregory Nyssen ( grc-gre, Γρηγόριος Νύσσης; c. 335 – c. 395), was Bishop of Nyssa in Cappadocia from 372 to 376 and from 378 until his death in 395. He is venerated as a saint in Catholicis ...
(-395): 8 canons **
Amphilochius of Iconium Amphilochius of Iconium ( el, Ἀµφιλόχιος Ἰκονίου) was a Christian bishop of the fourth century, son of a Cappadocian family of distinction, born, perhaps at Caesara, ca. 339/340, died probably 394–403. His father was an emi ...
(-404): 1 canon ** Theophilus of Alexandria (-412): 14 canons ** Cyril of Alexandria (-444): 5 canons **
Gennadius of Constantinople Gennadius (Greek: Ἅγιος Γεννάδιος; d. 25 August 471) was the Patriarch of Constantinople from 458 until his death. Gennadius is known to have been a learned writer who followed the Antiochene school of literal exegesis, although ...
(-471): 1 canon ** John of Constantinople (-595): 34, 49, or 65 canons depending on the source **
Tarasius of Constantinople Saint Tarasios (also Saint Tarasius; el, Ἅγιος Ταράσιος; c. 730 – 25 February 806) was the Ecumenical Patriarch of Constantinople from 25 December 784 until his death on 25 February 806. Background Tarasios was born and raised i ...
(-828): 1 canon ** Theodore of Studium (759-827): 17 canons ** Nicephorus of Constantinople (-828): 49 canons ** Nicholas, Patriarch of Constantinople (-1111): 11 canons * Canons attributed to the Apostles **
Canons of the Holy Apostles The Apostolic Canons, also called Apostolic canons (Latin: ''Canones apostolorum'', "Canons of the Apostles"), Ecclesiastical Canons of the Same Holy Apostles, or Canons of the Holy Apostles, is a 4th-century Syrian Christian text. It is an Anc ...
: 85 canons


Juridical specificities

In Eastern Orthodox canon law, the canons are considered as "of the Church", therefore they cannot be considered as " positive laws" in a
juridical {{Short pages monitor