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Canon law of the Eastern Orthodox Church

The canon law of the Eastern Orthodox Church consists of the ecclesiastical regulations recognised by the authorities of the Eastern Orthodox Church, together with the discipline, study, and practice of Eastern Orthodox jurisprudence.

Definition
Eastern Orthodox canon law is "a standard for behavior" and "the attempt to apply dogma to practical situation in the daily life of each [Eastern Orthodox] Christian". == Sources ==
Non-codification
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. 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. == History ==
History
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. The first canon of the Council of Chalcedon 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. 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 ==
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 as an official canon law collection. It is currently the most widely used canon law collection in the Greek-speaking Eastern Orthodox Churches. List of sources of canons Sources for the canons of the Eastern Orthodox canon law are, according to Mihai: • Canons of the ecumenical councilsNicaea 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 councilsCarthage (256): 1 canon • Ancyra (314): 25 canons • Neocaesarea (324 [sic, likely 314]): 15 canons • Gangra (340): 21 canons • Antioch (341): 25 canons • Laodicea (380): 60 canons • Sardica (343): 21 canons • Constantinople (394): 1 canons • 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 FathersDionysius of Alexandria (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 (?–390): 1 canon • Gregory of Nyssa (?–395): 8 canons • Amphilochius of Iconium (?–404): 1 canon • Theophilus of Alexandria (?–412): 14 canons • Cyril of Alexandria (?–444): 5 canons • Gennadius of Constantinople (?–471): 1 canon • John of Constantinople (?–595): 34, 49, or 65 canons depending on the source • Tarasius of Constantinople (?–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 ApostlesCanons of the Holy Apostles: 85 canons == Juridical specificities ==
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 sense. 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. The dispenser of the canon(s) can be a bishop, a priest, or a spiritual father. 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. == Penances ==
Penances
"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." 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." 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". == Subjects ==
Subjects
The subjects of Eastern Orthodox canon law are: == Interpretation ==
Interpretation
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. == Goals ==
Goals
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. == Comparisons ==
Comparisons
Civil law 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." 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. == See also ==
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