TEOLOGIA. Dr. Iustin Popovici, The Canonic Law of the Romanian Orthodox Church...

Similar documents
TEOLOGIA. anul XX, nr. 4 (69), 2016

Orthodox Church Culture in Transylvania

Fr. Prof. Dr. Liviu Stan, Biserica şi Dreptul. Studii de Drept Canonic Ortodox, vol. 6 ( The Church and the Law , Studies of Orthodox Canon Law,

BABEŞ-BOLYAI UNIVERSITY CLUJ-NAPOCA FACULTY OF HISTORY AND PHILOSOPHY POPULATION AND CONFESSIONALITY IN LOWER ALBA COUNTY, IN THE XVIII-XIX CENTURIES

TEOLOGIA. anul XX, nr. 3 (68), 2016

Address of His Eminence Archbishop Nathaniel WELCOME

University of Fribourg, 24 March 2014

Programme Year Semester Course title

Alexei Krindatch "The Conundrum of Uniting American Orthodox Church: How to Resolve the Puzzle?"

Philomila Tsoukala Dissertation outline

The Leadership of the Ecumenical Patriarchate, and the Significance of Canon 28 of Chalcedon

Str. Emmanuel de Martonne, nr. 1 PROGRAMME

ABSTRACT of the Habilitation Thesis

TESTAMENT ACCORDING TO THE RIGHT OF SHARIA

Structure of the Orthodox Church

WORLD COUNCIL OF CHURCHES International Inter-Orthodox Consultation on

Benedict Joseph Duffy, O.P.

The Struggle to Maintain the Publication

The problem of unity of the Church. Workshop Ekklesiologie ökumenisch. Berlin, June 10-13, 2010

Legal and Religious Dimension of Morality in Christian Literature

TEOLOGIA 3 \ BOOK REVIEWS

LECTURE BY HIS EMINENCE ARCHBISHOP DEMETRIOS GERON OF AMERICA ORTHODOX THEOLOGY MAY 22, 2018 SCHOOL OF THEOLOGY UNIVERSITY OF THESSALONIKI

Transforming Mission. Paradigm Shifts in Theology of Mission

MANUAL ON MINISTRY. Commissioned Ministry. United Church of Christ. Section 6 of 10

Revista Economică 66:3 (2014) THE USE OF INDUCTIVE, DEDUCTIVE OR ABDUCTIVE RESONING IN ECONOMICS

LUCIAN BLAGA UNIVERSITY OF SIBIU ANDREI ȘAGUNA FACULTY OF ORTHODOX THEOLOGY

CANONICAL STATUTES OF THE TEAMS OF OUR LADY

Student Learning Outcomes Assessment Plan. Department of Theology. Saint Peter s College. Fall Submitted by Maria Calisi, Ph.D.

Parish Council Handbook

Introduction GRAHAM SPEAKE AND METROPOLITAN KALLISTOS WARE

AUTHORIZATION FOR LAY ECCLESIAL MINISTERS A CANONICAL REFLECTION. By Paul L. Golden, C.M., J.C.D.

Program of the Orthodox Religion in Primary School

Course Syllabus TRH2452H Modern Orthodox Theology (15th to 21st c) Trinity College Toronto School of Theology May - June (Summer) 2016

His Eminence Metropolitan Nicolae Condrea

Authority in the Anglican Communion

To its beloved clergy, monastics and pious faithful in the Romanian Patriarchate, Grace, joy, and peace from God, and from Us, hierarchal blessings!

Running head: NICENE CHRISTIANITY 1

UNIVERSITY ALEXANDRU IOAN CUZA OF IASI FACULTY OF PHILOSOPHY AND SOCIAL-POLITICAL SCIENCES DOCTORAL THESIS RESUME

The History of Christianity: From the Disciples to the Dawn of the Reformation

ACT ON CHURCHES AND RELIGIOUS COMMUNITIES ("Official Gazette of the Republic of Serbia", no. 36/06)

Course Proposal. The Orthodox Church, Christianity and Other Faith Traditions. Trinity College Toronto School of Theology May to June (Summer) 2017

LIBERTY OF CONSCIENCE, NATURAL RIGHT AND ESSENCE OF LIBERTY OF THINKING Lucian Ioan TARNU

The North American Orthodox-Catholic Theological Consultation. Washington DC, October 28, 2017

THE SUMMATION OF THE HABILITATION THESIS

«Religions and the Swedish State in the 21 st century»

BOOK REVIEW OF TURNING POINTS. A Book Review. Submitted to Dr. Rex Butler. of the. New Orleans Baptist Theological Seminary. In Partial Fulfillment

A PREDICTION REGARDING THE CONFESSIONAL STRUCTURE IN ROMANIA IN 2012

5_circ-insegn-relig_en.

ALEXANDRU IOAN CUZA UNIVERSITY OF IAȘI DUMITRU STĂNILOAE FACULTY OF ORTHODOX THEOLOGY DOCTORAL SCHOOL: ORTHODOX THEOLOGY SECTION: PRACTICAL THEOLOGY

ETHICAL THEORIES. Review week 6 session 11. Ethics Ethical Theories Review. Socrates. Socrate s theory of virtue. Socrate s chain of injustices

Strange bedfellows or Siamese twins? The search for the sacred in practical theology and psychology of religion

MASTER OF DIVINITY. 143 P age

Diocesan Norms & Constitution for Parish Pastoral Councils

The Freedom of Religion - Religious Harmony Premise in Society

THE LIFE OF PRAYER ON MOUNT ATHOS. Madingley Hall, Cambridge 1 3 March 2019

DEGREE OPTIONS. 1. Master of Religious Education. 2. Master of Theological Studies

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) COMMENTS OF THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN

Contemporary Theology I: Hegel to Death of God Theologies

A Reflection on Dr. Cuilan Liu s Visit to McMaster's Religious Studies Department on December 15, 2016

[JGRChJ 9 (2013) R28-R32] BOOK REVIEW

Program of the Orthodox Religion in Secondary School

Law and Authority. An unjust law is not a law

Summary Kooij.indd :14

European Legal Culture» Lecturers: dr hab. Rafał Wojciechowski dr Mateusz Szymura

History 145 History of World Religions Fall 2015

Programme of International Symposium Studia Theologica Doctoralia 7-8 May 2018 Iassy. First day 7 th of May

I. Introduction...1. IV. Remaining Differences and Reconciling Considerations...73 A. Church...74 B. Ministry...92 C. Eucharist...

Celestial Grace Temple

WHY A HIERARCHY? All baptized people make up the christian faithful. We are all equal in dignity. The Christian faithful are divided into two groups

Significance of the Trinitarian Theology for the Life and the Mission of the Church

Dr. Nicolas Laos the philosopher of methexiology.

Structuring Catholic Schools: Creative Imagination Meets Canon Law

24.01 Classics of Western Philosophy

Vaia Touna Department of Religious Studies, The University of Alabama Tuscaloosa, AL

NICOLETA-GINEVRA BACIU. HESYCHASTIC THEMES AND MOTIVES IN THE UNIVERSAL LITERATURE: TOLSTOY, SADOVEANU, DOSTOEVSKY Summary of the PhD.

TRADITION AND TRADITIONALISM PLESTED, Marcus (Dr.) Syndesmos Festival, St-Maurin, France, 26 th August 2001

FREEDOM OF EXPRESSION VERSUS FREEDOM OF CONSCIENCE AND RELIGION. IS THE CASE PUSSY RIOT POSSIBLE IN BULGARIA?

The Oxford Handbook of Epistemology

Islamic Declaration on Safeguarding Cultural Heritage in the Islamic World

THE CANONS OF THE ORTHODOX ANGLICAN COMMUNION. Denotation

Feedback Constitutional Law 312 Applied Assignment 2017 Application B

Difference between Science and Religion? - A Superficial, yet Tragi-Comic Misunderstanding

Viewing Life from High Places*

Diocese of Southwark A framework for the use of parish buildings by independent churches

STATUTES FOR THE PRIVATE ASSOCIATION OF THE COMPANIONS OF THE TRANSFIGURED CHRIST

SUGGESTED SCREENING NORMS

Department of Theology and Philosophy

GENERAL SYNOD WOMEN IN THE EPISCOPATE. House of Bishops Declaration on the Ministry of Bishops and Priests

L A W ON FREEDOM OF RELIGION AND LEGAL POSITION OF CHURCHES AND RELIGIOUS COMMUNITIES IN BOSNIA AND HERZEGOVINA. Article 1

GUIDELINES FOR THE CREATION OF NEW PROVINCES AND DIOCESES

The Importance of Karl Barth s Theology for a Theological Reflection on the Relationship Between Church and Society

LEQ Revision Guide. This LEQ Revision Guide is intended to assist you in your effort to revise your Revolutions LEQ.

C a t h o l i c D i o c e s e o f Y o u n g s t o w n

ACKNOWLEDGEMENTS. 1 I preferred to use Crimean Tatars, even though that in documents with the

BY-LAWS OF THE DIOCESE OF THE SOUTH ORTHODOX CHURCH IN AMERICA

History 145 History of World Religions Fall 2012

THE FOURTH PRE-CONCILIAR PAN-ORTHODOX CONFERENCE. Decision RULES OF OPERATION OF EPISCOPAL ASSEMBLIES IN THE ORTHODOX DIASPORA. Article 1. Article 2.

JURISPRUDENCE AND LEGAL THEORY II STUDY NOTES

Local Theologies for a Global Church: Report from Midwest Members' Group

Adjunct Faculty Application. Mission Statement

Transcription:

Dr. Iustin Popovici, The Canonic Law of the Romanian Orthodox Church in force and its springs. Critical analysis based on the Holy Canons (Dreptul Canonic al Bisericii Ortodoxe Române în vigoare și izvoarele sale. Analiză critică pe baza Sfintelor Canoane) [Το ισχύον δικαίο της Ορθόδοξης Εκκλησίας της Ρουμανίας και οι πηγές του. Κριτική Θεόριση επί τη βάσει των ιερών κανόνων], Grēgorē Publishing House, Athens, 2017, 230 p. At the prestigious publishing house Grēgorē from Athens, Greece, it was published this year the work The Canonic Law of the Romanian Orthodox Church in force and its springs. Critical analysis based on the Holy Canons (Dreptul Canonic al Bisericii Ortodoxe Române în vigoare și izvoarele sale. Analiză critică pe baza Sfi ntelor Canoane). It is a part of the series titled Nomocanonika Analekta, vol. 7 and was written by Rev. Protosyngelos Lecturer Dr. Iustin Popovici, cultural adviser of the Archdiocese of Arad. The paper is written in Greek and represents the PhD thesis supported by the author in the summer of 2009 at the Faculty of Orthodox Theology from the University of Athens, under the scientific coordination of Mrs. Univ. Prof. Dr. Eirini Christinaki-Glaros from the Department of Canon Law and appreciated with the maximum rating Arista. The members of the scientific committee for the approval and printing of this paper were: Archimandrite Dr. Grigorios Papathomas, professor of Canon Law at the Faculty of Theology of Athens; Univ. Prof. Dr. Eirini Christinaki, from Canon Law specialty at the same faculty; Univ. Prof. Dr. Nikolaos Maggioros, the specialty of Canonical and Church Law at the Faculty of Orthodox Theology in Thessaloniki and Univ. Prof. Dr. Dimitrios Nikolakakis, the specialty of Canonical Law at the same faculty in Thessaloniki. The work is structured in three major parts, each part being divided into several chapters and subchapters, so the work appears to the balanced and logically structured according to the information presented by the author. The elaboration of the present paper is based on an extensive specialized bibliography placed at 111

the end of the book, and on the specialized sources the author used in his research. The form of expression is appropriate to a scientific work, treating the subject at a high level, in an elevated, precise and rigorous style. In the first part of this work, the author makes a brief presentation of the beginnings of the written law in the Romanian Orthodox Church and of its origins, which is an old and settled concern of historians, canonists and scholar theologians researchers of our historical past. However, taking into account only certain aspects of the problem, sometimes they proposed unsatisfactory solutions. Of course, once settled the written Law of the Church in the Roman Empire, from the second and third centuries the phenomenon never repeated within each particular church community, but this written law circulated everywhere where church life was organized and it was the sine qua non basis of any organized church life. As a result, it can be established with certainty on the basis of an appropriate knowledge that in any of the three Romanian countries from the past, the Romanian Church necessarily had written organizational laws from the first historical mentions. Starting the investigation of the problem from the fact that the old Romanian written law, the law of Pravila, is a mixed, nomocanonic, ecclesial and state law at the same time, in the first chapter the author undertakes an overview of the problem. He took into account, as much as possible, how this phenomenon arose in the history of the Romanian people, the main steps it took in its development, and all the factors that led to its emergence in the social, political and religious life of the Romanian people. Of course, it was not excluded the occurrence and the keeping of unwritten Church customs or laws, in parallel with the written Church laws, which are related to local, national, historical, cultural etc. singularity. The visible purpose of the first chapter is to present the sources of the Romanian Orthodox Church canonical law from a historical perspective and to place them in the broad cultural context of the social-political and religious environment in which the Romanian people developed. As it was natural, first it was researched the historical, social-political and religious framework in which the Romanian language and people were formed, highlighting the importance of the law for the Church life framed in the state life. In the first centuries of the Church beginning on the territory of our homeland we cannot speak of documents or sources of canon law. It is only during the 10th century that we encounter documents about 112

the existence of nomocanons or Slave pravilo, along with the oldest Latin and Greek ones. These laws are called in our old language pravile. Their historical presence not only from the beginning of the 16th century but also from the earlier centuries, can be disputed only in the ignorance of the minimum elements on which scientific research can be based in this field. In the same part the author points out the relationship between the old Romanian law and the Church law, the historical and documentary references about the existence of a written law to the Romanians. Then he goes on with the presentation of the preserved monuments of this law, enumerating the most important Pravile discovered or used in the Church and our country. At the end of the first part the author analyzes the old Romanian written law, taking into account the two realities, the law of the Church and the State law. He emphasizes the unity between these two forms of the old Romanian law and the existence of the same unitary law for all Romanians, regardless of the political boundaries in which they had to live through the ages. The second part presents the canonical foundations by which the Romanian Orthodox Church is organized and functions. As we have seen in the first chapter, the holy canons have been given special importance on the territory of our homeland, in order to preserve a good ordination and administration of Church affairs. Starting with the 15th century, when we can find the first translations of canons into Romanian, continuing with the 19th-century Church laws and with the appearance of the Organization and Functioning Statute and the Regulations, the Church legislation in Romania is in a continuous enrichment and updating. All these Church laws fall into the Orthodox tradition and canonicality, as revealed in various studies done by well-known canonists - which the author brings to question by subjecting them to a canonical analysis. He also shows the fundamental canonical principles that underlie the organization and functioning of the Romanian Orthodox Church. The Romanian Orthodox Church as an autocephalous church and part of the Ecumenical Orthodox Church fully respects the provisions of the norms inscribed in the canons of the canonical code of the Church. The canons, which represent the fundamental law or the conscience of the Church, stand at the foundation of the organization and functioning of the Romanian Orthodox Church. Also here the author presented the canonical grounds, underlying the organization and functioning of the Romanian Orthodox Church. 113

The Romanian Orthodox Church as an autocephalous church has the right to canonization, to religious assistance of the Orthodox Romanians in the Diaspora, as well as to independence from the state regarding Church internal affairs. However, the Church cannot ignore the civilian administration of the state in which it carries out its work related to its mission. The Romanian Orthodox Church is governed by its own laws, but also respects the laws of the state, guiding its faithful to observe these laws. In the continuation of the second part, the author lists the most important laws and regulations by which the Romanian Orthodox Church is organized and functions, starting with the Organic Statute of Metropolitan Andrei Şaguna in 1868 and continuing with the laws of Cuza Voda, with the laws between the two world wars and of the contemporary age and with the Statutes for the Organization and Functioning of the Romanian Orthodox Church. Also we can find here a brief presentation of the principles of autonomy and autocephaly in the Romanian Orthodox Church, showing the historical and canonical testimonies that reached in 1885 to acquiring the autocephaly of the Romanian Orthodox Church. At the end of the second part, the author presents and analyzes the most important Romanian canonists who worked to preserve and were continuously updating the canon law, showing some of their most important works in the field of canon law. In the third part, the author presents and analyzes the current organization of the Romanian Orthodox Church with its canonical foundations of organization and functioning. Being a church that has undergone tough attempts during the communist era, since the Revolution of 1989 the Romanian Orthodox Church regained its role of fundamental institution of society, the religious freedom becoming a reality so desirable and expected by the Romanians. Immediately after 1990, there were laid down the basic principles by which the religious life in Romania was regulated, principles which the author presents in this part. The third part is enriched through a critical analysis of the Romanian Orthodox Church organization and functioning based on the holy canons. This critical analysis is a new way of interpreting the Romanian Orthodox Church organization and functioning as well as the canonical part of this work, which is essential for such research. In fact, this part is the essence of the work, which is not only a historical presentation of Romanian canon law, but a theological and canonical interpretation of the principles of the 114

Romanian Orthodox Church organization and functioning that gives originality and novelty to this research. About this appearance Mrs. Univ. Prof. Dr. Eirini Christinaki states that this work is unique in the Helinophone research in the field of Canon Law History of the Romanian Orthodox Church and the actual Church law. This puts it among the most prominent research of Orthodox canon law in the world and at the reach of those who know the Greek language, the language of the Ecumenical Councils. Therefore, its novelty and uniqueness lies in the fact that it offers the historical and canonical foundations of the Romanian Orthodox Church organization and functioning to the canonists, theologians and scholars of Greek language. This confers an opening of our Church towards Greek-speaking Orthodox ecumenicity, in the context of the current efforts to achieve the Orthodoxy unity. We also add that until this date there is not even a complete Greek translation of the current Statute of Organization and Functioning of the Romanian Orthodox Church, which gives more value to this recently edited work for the Greek theology, as well as for the Romanian one. Father Iustin Popovici is a cultural counsellor within the Arad Archdiocese and teaches Church Administration as a lecturer at the Ilarion V. Felea Orthodox Theology Faculty from Aurel Vlaicu University in Arad. Marcel Tang 115