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Skip to main content. Log In Sign Up. Discerning an Orthodox Pattern of Problems? This issue in the Serbian legal theory, dealt with the professor.
A more attention to custom dedicated the famous Dr. In Greek literature, was written a short research by prof. Later, in st, prof. Institutions of church traditions, is independent, more different from the practices of the state and from the society. In fact, the church character can get onlz those forms or shapes eg, and customs that match the essence of the Church, and who are capable of maintaining the essence of the given historical conditions and terms.
Historical and sociological fact is that Orthodox people can not be satisfied with the level of legal and moral preoccupations which are imposed by the Western way of life. This ecclesiology, represent all Ddzonatan bishops of The Church, in par- ticular — and it is important to us — canonist saint, Great Basil of Cappadocia th His understanding of the traditions saga and customs as a source of law will lasts untill nowdays, but remained on the sideline of scientific research.
About these practices will be discussed in more dzonagan later. We emphasize a close connec- tion between Truth and custom, keeping in mind what the Cyprian Carthage, proba- bly for the same reasons, said: Affiliation beteen canons and customs is very strong, since both of them are manifestations of church life.
Canons of the Ecumenical Councils can not be re- stricted by narrow interpretations of grammar as letter of the law because they have a deeper, existential content that direct the members of the Church in accor- dance with the existential needs of people in a particular historical time and space.
Until this alignment occurs only with respect for tradition and religious customs. We notice that the authentic interpretation of the canons and customs are critical to keep the missionary character of the Church. Research under the prism of ecclesiology and ethics lead us to the conclu- sion that religious practice is an expression, manifestation of ways being a church, in a particular place and historical time. Eucharistic community place or environment in which customs, traditions, habits and so on.
Source of law, in a formal sense to the question from which follows, is a binding legal rule, whether it formulates the laws, customs or jurisprudence? Thus, customs can be source of state and church law both. The custom is created within a community by community groups, and is ex- pressed only through his own use, without formal process by which he would be given importance. In ancient societies, without non-functional legislature, the custom was the only exclusive source of law.
But in later periods, when the legislation is still occu- pied a limited area, the custom was still representing an important source of law. Traditions are expressed through their ability of being applied, not through their legalisation. In accordance with Article 1, of the Greek Civil Code, a legal rights are cov- ered by laws and customs. This gives to the custom, as a source of law, equal rights in regard to law, because it is a legal rule, which was created during the long and uni- form practice, and due to it, with an awareness of the people.
This standard may not concern the provisions of domestic law, because in this case, indi- viduals can act according to the law or not, in their private cases. As well as custom springs from decisions of individuals, concluding that abolishing its power can not be excluded, first because it came into conflict with the law that virtually defines the situation of internal law, else they would be in the affirmative situation remained, for this reason no results.
As for the rules of civil law, some believe that it is impossi- ble that custom, in fact a legal rule that arises from personal will, can be canelled. Such a claim can not be true, because the rules of civil law relating to the whole law, which can be changed by customs. All this tells us how great is the importance of customs in canon law.
All of this can be expressed by means of various religious cutoms. Jesus Christ said that He is the only authentic interpreter of the Mosaic Law and therefore not accepted by the Pharisees, but only by the people.
Law of Jesus Christ has abolished a number of typical provisions of the Law of Moses, and Christians freed from this obligation.
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For the Mosaic Law and the local articles, time was needed socio,ogija be interpreted, to make them understandable, and accessible. Such traditions contrary to the Orthodox traditions were the ones that have been introduced to the Holy Mountain, in the era of Turkish enslavement. A similar thing happened during the arrival of educated people who were returning from the West, after the French revolution, bringing with them the idea of humanism.
This spiritual condition leding locally, but in general, to change the Orthodox spirit. However, there were many who did not accept the spirit of modern modernism and those who opposed, citing their faith. In this case, the struggle leads not to leave the customs, but to leave the tradition that created them. In the twentieth century, with compulsory dzonstan and the mass produc- tion of books, patristic teaching has sociologijaa available to all the people. Foreign cus- toms and traditions are still resisting therapeutic means.
However, today sees the increase in heretical teachings, such soxiologija, inter alia, sociolovija narrow national- ism and institutions auxiliary bishop tarnef Synod congregation without authority, and the gradual weakening of parish life. Ecumenical Patriarchate of Tarnef, as the universal Church, as the highest church-law top, along with other patriarchates of East, expressed a great un- derstanding of the Latins. Latins, untill the separation between East and West, con- sidered brothers of same faith, despite the foreign customs that were adopted which did not carry the stamp of authenticity.
This attitude of the East did not mean that they accepted or recognized by the customs of the West. Application siciologija foreign customs could not lead in separation beteen the Latins from the East; 2.
Western nations are not easily obeyed new customs, mostly because of their character; 4. They wrongly thought they are obeying local traditions; 5.
There was no parliamentary control; 6. Government of the Roman Church was trying to make order with Inquistion. Lawyer and patriarch Photius accepted representing the Eastern church traditionvia letter, to Pope Nicholas, the local importance, of anticannonian cus- tom of fasting on Saturdays, which respected the Latins as a local tradition.
The aim of this paragraph was the hope that will perform time of enlightenment and purification, and that means as well as the separation of genuine from foreign customs. The request that East asked Western Church, was to respect dznatan cherish the orthodox tradition, to overcome the alienation and foreignness. An- cient Rome began a dzonatab process of continuous deviation. As opposition to the Vatican and the Parliament, was established the Old Catholic Church which aimed to restore the faith of the ancient Church, as it is con- firmed by the Ecumenical Councils.
Every modern state deals with relations between the Holy can- nonal and state law. There is a view that separates the customs and give constitu- tional significance to those related to the dogma and religion, and another view, by espousing the constitutional importance of the canon, without exception.
Internal unity, which connects customs with the written law, has character- istics analogous to the laws of society-state, depending on the relations arising from the relationship of church and state.
For this reason, and it appears different pic- tures of each state with regard to her Socciologija flock. Each state has the Orthodox attitude to the canons, which are recognized or not recognized by sociologijz state constitu- tion.
The church was established as a figure and symbol of sociollogija Holy Trinity but there is a need for earthly basis for preserving their essence and nature. She is inde- pendent and may exclusively with their own legislation, to organize and act in cer- tain places, and to lead his flock using their policies. Direct streaming of social canon is diverse and depends on the ideological base of every society.
If the country can accept such dzonatab relationship, it becomes assistant to the Church in carrying zociologija her pastoral work, its law and administration, like it was the case in the Byzantine state. This principle has inspired the relation- ship between law and custom, which are expressed with Nomocanons.
Typical example for this is the custom Val- samon explained, about the admission for acception of women into the monastic order and life. King Teostef made it official by a decree, this ancient custom, without pre-existing written law, that is, that the vestal could become a woman who lived in the monastery for at least three months. Therefore, Nikifor Dzojatan Confessor compares the law with reason, custom with act.
Harmonious coexistence and collaboration of the two powerties, is notewor- thy, because the Byzantine emperors expressed their respect and obedience, not only to the canons, but also to native customs of The Church.
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The connection of those two systems — government and the Church, the state government rules and manages with the church. Secular government takes part in the church because tarer the problems expressed by the state management of the church.
In fact, the Church belongs to the state body, it is used by the state and all issues related to the church are reflected as a social issue. State intervention are not always the same for all areas and time, they are transforming under the influence of the measure and type of religious dependence of the population or state authorities.
This transformation of the modern state was made as a result of ideological currents running in the west, the older and more recent period. Change this position is the result of ideological streamings who started on the West, under the influence of the spirit of the Renaissance, and epoch of enlightenment.
In the 19th century is manifested by the request of society, that is, the state requires absolute authority. In modern constitutions, emphasizing the absolute authority of the people, as the high- est state authority.
Man is absolute value, while in the Byzantine State, the absolute authority people recognize only in God. Consequence of these changes is the development of theory of state, in fact, the whole World theory of the state.
The laws and customs of the Church are valid only until the moment they stop to agree with the laws of the state, i. In other case, the society is free to react and act, contrary to church law and tradition.
Antithesis between the modern state and the church can turn into an conflict. Church, is interested in the behavior of society.
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Such tarnee situation was createdwhen the Ecumenical Patriarchate shut their temples and suspend church service. As a result, happened rebellion against the culprits. Grand vizier was forced to give to Patriarch to certain privileges, which represented one aspect of reconciliation between church and state.
There may be a vestal pollu- tion of the sinless body of the church, a reception dzonnatan or using illegal methods and with sinful church leaders. It is interesting that the formalization of custom or tradition have not been performed exclusively by the church courts, but also by the civil courts, for example.
Valsamon noted that the Royal Court had tarmer cepted the church custom as the original one, and that it admitted to it the same value and strength that written religious laws have, ie. Follows, that the impor- tance of judicial formalization of custom, is very important, and it represents chrac- teristic of church order. The issue of external values of a judicial decision, can be opposed, depending of attitudes of members of the court, or because a certain lack of decisions and legal formulations.
Participants in the court evaluation and making decisions, they must be experts dzoatan the topics which are under consideration; 2. Participants-Bishops enjoy the special trust by the state when it comes to proper assessment of certain issues, because of their holinessare therefore re- quired to responsibly perform their duties. When it comes to idolatrous or pagan practices and their introduction into the church, the Church is opposed to them at the beginning: Later, when they applied the new proselites, in large numbers, sociologjia were not spiritually mature, comes to the problem of foreign customs, which are different and require proselitees attempts to introduce this customs to the church community.
This is why the teachers attempted sociologijw separate themselves from these foreign customs and hab- its.