The law of general average is a principle of maritime law whereby all stakeholders in a sea venture proportionately share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. For instance, should the crew jettison some cargo overboard to lighten the ship in a storm, the loss would be shared pro rata by both the carrier and the cargo-owners.
116-522: In the exigencies of hazards faced at sea, crew members may have little time in which to determine precisely whose cargo they are jettisoning. Thus, to avoid quarreling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. General average traces its origins in ancient maritime law, and
232-573: A Syriac translation of a Greek original from the 5th century, was highly influential in eastern Christian communities after the early Muslim conquests. It was based on Roman case law and imperial statutes from the east of the empire. After the Islamic conquests of the Eastern Mediterranean, the Islamic caliphates gradually codified their legal systems using Roman/Byzantine law as an important model. It has been suggested in fact that it
348-745: A priest , the sacrificial bread and wine become the body and blood of Christ. The Virgin Mary is venerated in the Eastern Orthodox Church as the God-bearer and honoured in devotions . The Churches of Constantinople, Alexandria, Jerusalem, and Antioch—except for some breaks of communion such as the Photian schism or the Acacian schism — shared communion with the Church of Rome until
464-654: A sect or a denomination but simply continuing the Christian church , and, despite their varied origins, by adherence to the Byzantine rite ". Those churches are negatively defined by their rejection of papal immediate and universal supremacy . The seven ecumenical councils recognised by the Eastern Orthodox churches are: Nicaea I , Constantinople I , Ephesus , Chalcedon , Constantinople II , Constantinople III , and Nicaea II . Those churches consider
580-465: A Roman constitutional body, the main difference of Byzantine law from its Roman counterpart was both in its application and interpretation which were subject and applied under different Hellenistic and Orthodox principles shared between the Byzantine academic currículum, developing a legal system that encouraged different interpretations of law according to philanthropy and evergetia rather than
696-585: A branch of literature and philosophy rather than a science of its own as pioneered by the Roman approach. Said customs and constitutions instituted greater influence at Christianity's arrival as most goals and ethics were mutual, being included in Justinian's novels which dictated that the law should be interpreted on the basis of philanthropy and piety as the emperors of the Macedonian dynasty had acted against
812-633: A continuation of Roman law with increased Orthodox Christian and Hellenistic influence. Most sources define Byzantine law as the Roman legal traditions starting after the reign of Justinian I in the 6th century and ending with the Fall of Constantinople in the 15th century. Although future Byzantine codes and constitutions derived largely from Justinian's Corpus Juris Civilis , their main objectives were idealistic and ceremonial rather than practical. Following Hellenistic and Near-Eastern political systems, legislations were tools to idealize and display
928-515: A copy was discovered in Amalfi around 1135), although informal arrangements similar to the basic concept of general average was probably often followed as a practical matter. The medieval Rolls of Oléron , probably a collection of judgments from a court in Bordeaux , provided (along with much else) guidance on what is now called general average, and was taken as authoritative in many parts of Europe:
1044-630: A designation for the universality of the Christian Church, centred around Christ. Therefore, the Eastern Orthodox notion of catholicity is not centred around any singular see, unlike the Catholic Church which has one earthly centre. Due to the influence of the Catholic Church in the west, where the English language itself developed, the words "catholic" and "catholicity" are sometimes used to refer to that church specifically. However,
1160-689: A dispute about the relation between the divine and human natures of Jesus . Eventually this led to each group anathematising the other. Those that remained in communion with the other patriarchs (by accepting the Council of Chalcedon) are known today as the Greek Orthodox Church of Alexandria , where the adjective "Greek" refers to their ties to the Greek-speaking culture of the Byzantine Empire. Those who disagreed with
1276-535: A few cities, and especially Constantinople , where other types of urban economic activities were also developed, Byzantine society remained at its heart agricultural. An important source regarding law, which reflects in a particularly characteristic way the internal life of the Byzantine villages during the Middle Byzantine Era (7th – end of 12th century) is the Nomos Georgikos , also known as
SECTION 10
#17327730193641392-561: A precedence. There is no definitively established date for when the Byzantine period of Roman history begins. During the 4th, 5th, and 6th centuries the Empire was split and united administratively more than once. But it was during this period that Constantinople was first established and the East gained its own identity administratively; thus, it is often considered the early Byzantine period. These developments, nevertheless, were key steps in
1508-578: A special way to honour the saint on whose day they received the sacrament of baptism . It is the most solemn day of the year for all Serbs of the Orthodox faith and has played a role of vital importance in the history of the Serbian people. Slava remains a celebration of the conversion of the Serbian people, which the church blessed and proclaimed a church institution. The missionaries to the East and South Slavs had great success in part because they used
1624-432: A theoretically and strictly non-malleable Roman law . In the absence of capable and efficient legal systems and the eclectic Byzantine approach to jurisprudence, most judges and legal processes across the empire were carried through simplified and vernacular laws such as The Farmers' Law , The Sea Laws , The Military Laws or the lesser known Mosaic Law , the different Orthodox and Hellenistic values or orally through
1740-500: A trading center, the Farmer's Law was a seminal influence on Slavic legal traditions including those of Russia . Byzantium inherited most of its political institutions from the late Roman period. Similarly, Roman law constituted the basis for the Byzantine legal system. For many centuries, the two great codifications carried out by Theodosius II and Justinian respectively, were the cornerstones of Byzantine legislation. Of course, over
1856-537: A voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa , or, in other words, a transfer of the peril from the whole to a particular portion of the whole. 3rd. This attempt to avoid the imminent common peril must be successful. The York-Antwerp Rules remain in effect, having been modified and updated several times since their 1890 introduction. The York Antwerp Rules were updated in 1994, 2004 and 2016. The text of
1972-480: Is also defined in the Coptic liturgy, where it is mentioned "He made it [his humanity] one with his divinity without mingling, without confusion and without alteration", and "His divinity parted not from his humanity for a single moment nor a twinkling of an eye." They do not accept the teachings of Eutyches , or Eutychianism . Both the Eastern Orthodox and Oriental Orthodox churches formally believe themselves to be
2088-524: Is based on the Scriptures and holy tradition , which incorporates the dogmatic decrees of the seven ecumenical councils , and the teaching of the Church Fathers . The church teaches that it is the one, holy, catholic and apostolic church established by Jesus Christ in his Great Commission , and that its bishops are the successors of Christ's apostles . It maintains that it practises
2204-630: Is defined as the Eastern Christians which recognise the seven ecumenical councils and usually are in communion with the Ecumenical Patriarchate , the Patriarchate of Alexandria , the Patriarchate of Antioch , and the Patriarchate of Jerusalem . The Eastern Orthodox churches "are defined positively by their adherence to the dogmatic definitions of the seven [ecumenical] councils, by the strong sense of not being
2320-511: Is expressed most fundamentally in scripture and worship, and the latter most essentially through baptism and in the Divine Liturgy . The lines of even this test can blur, however, when differences that arise are not due to doctrine, but to recognition of jurisdiction. As the Eastern Orthodox Church has spread into the west and over the world, the church as a whole has yet to sort out all the inter-jurisdictional issues that have arisen in
2436-656: Is in English Orthodoxy , while the Georgians use the title Martlmadidebeli . The term "Eastern Church" (the geographic east in the East–West Schism) has been used to distinguish it from western Christendom (the geographic West, which at first came to designate the Catholic communion, later also the various Protestant and Anglican branches). "Eastern" is used to indicate that the highest concentrations of
SECTION 20
#17327730193642552-512: Is monophysite and prefers the term " miaphysite ", to denote the "united" nature of Jesus (two natures united into one) consistent with Cyril's theology: "The term union ... signifies the concurrence in one reality of those things which are understood to be united" and "the Word who is ineffably united with it in a manner beyond all description" ( Cyril of Alexandria , On the Unity of Christ ). This
2668-410: Is not valid even if there is downpayment being given as validation element. Patria potestas is decreasing its power influenced by Hellenistic and canon laws and the rights of women and children are increasing. But Ecloga brings even bigger and more controversial changes in criminal law, which can be seen in the frequent use of physical punishments, not typical for Justinian's law. With the exception of
2784-473: Is often included in shipping contracts when US law may apply to the contract or trade. Such a clause specifies that shipowners will also be included in the General Average even when the loss was caused by negligence of the shipowner or crew. Despite advances in maritime transport technology, General Average continues on occasion to be invoked: Lex Rhodia Byzantine law was essentially
2900-531: Is practised by a vicariate of the Antiochian Orthodox church. In keeping with the church's teaching on universality and with the Nicene Creed, Eastern Orthodox authorities such as Raphael of Brooklyn have insisted that the full name of the church has always included the term " Catholic ", as in "Holy Orthodox Catholic Apostolic Church". The official name of the Eastern Orthodox Church
3016-454: Is the "Orthodox Catholic Church". It is the name by which the church refers to itself and which is issued in its liturgical or canonical texts. Eastern Orthodox theologians refer to the church as Catholic. This name and longer variants containing "Catholic" are also recognised and referenced in other books and publications by secular or non-Eastern Orthodox writers. The catechism of Philaret (Drozdov) of Moscow published in
3132-621: Is the primary religious denomination in Russia , Ukraine , Romania , Greece , Belarus , Serbia , Bulgaria , Georgia , Moldova , North Macedonia , Cyprus , Montenegro , one of the main religious sects in Albania , Bosnia and Herzegovina , Kosovo , Lebanon , a significant sect in Syria , Iraq and other countries in the Middle East . Roughly half of Eastern Orthodox Christians live in
3248-577: The Ecloga , which states law is God-given by way of Isaiah 8:20, and is made explicit first in the Prochiron. There was, however, 'legislative creep' over this period, where the redaction of old laws and case law created new laws in effect, although not explicitly cited as such. The best known center for legal teaching in the Byzantine Empire was the Law School of Constantinople. Founded in 425, it
3364-777: The Apostles travelled extensively throughout the Roman Empire , including Asia Minor, establishing churches in major communities , with the first churches appearing in Jerusalem and the Holy Land , then in Antioch , Ethiopia , Egypt , Rome , Alexandria , Athens , Thessalonica , Illyricum , and Byzantium , which centuries later would become prominent as the New Rome . Christianity encountered considerable resistance in
3480-528: The Athonite monk Saint Nicodemus the Hagiorite and became the basis of the modern Eastern Orthodox canon law , his Pedalion . The following legal texts were prepared in the later Byzantine Empire: Other jurists (including at least one Emperor) prepared private collections of cases and commentaries, but these did not form the body of law used by jurists at large. It is held that the 113 Novels of Leo
3596-549: The Catholic Church . In Hungarian, the church is still commonly called "Eastern Greek" ( Hungarian : Görögkeleti ). This identification with Greek, however, became increasingly confusing with time. Missionaries brought Eastern Orthodoxy to many regions without ethnic Greeks, where the Greek language was not spoken. In addition, struggles between Rome and Constantinople to control parts of Southeastern Europe resulted in
General average - Misplaced Pages Continue
3712-511: The Catholic Church . Nevertheless, the Ecumenical Patriarch of Constantinople is recognised by them as primus inter pares ("first among equals"), a title formerly given to the patriarch of Rome. As one of the oldest surviving religious institutions in the world, the Eastern Orthodox Church has played an especially prominent role in the history and culture of Eastern and Southeastern Europe . Eastern Orthodox theology
3828-719: The Christianisation of Bulgaria in 864, the disciples of Cyril and Methodius in Bulgaria , the most important being Clement of Ohrid and Naum of Preslav , were of great importance to the Orthodox faith in the First Bulgarian Empire . In a short time they managed to prepare and instruct the future Bulgarian clergy into the biblical texts and in AD 870 the Fourth Council of Constantinople granted
3944-481: The Creed . From Diocletian to Theodosius I , namely during approximately 100 years, more than 2,000 laws were issued. Justinian alone promulgated approximately 600 laws. Gradually, the legislative enthusiasm receded, but still some of the laws of later emperors, such as Leo VI 's Novels , are of particular importance. The custom continued to play a limited role as a secondary source of law, but written legislation had
4060-703: The East–West Schism in 1054. The 1054 schism was the culmination of mounting theological, political, and cultural disputes, particularly over the authority of the pope , between those churches. Before the Council of Ephesus in AD 431, the Church of the East also shared in this communion, as did the various Oriental Orthodox Churches before the Council of Chalcedon in AD 451, all separating primarily over differences in Christology . The Eastern Orthodox Church
4176-803: The Laws of Wisbuy , as well as laws of Flanders, the Hanseatic League , Amsterdam, Genoa, and Catalonia, appear to have been copied from the Rolls of Oléron. An ordinance published by King Louis XIV of France in 1681 influenced laws in the rest of Europe, with the definition used in the French code followed in similar terms in codes and ordinances promulgated in that century and the next in Hamburg, Prussia, Denmark, Sweden, Spain, Amsterdam, Rotterdam and Middelburg . The first codification of general average
4292-560: The Lex Rustica or Farmer's Law . Due to its importance, the Farmer's Law roused the interest of researchers from a very early stage. Ever since it has been one of the most discussed texts concerning the internal history of Byzantium. It has been suggested that, because of the major influences caused by the influx of Slavs into the Empire at the time the Farmer's Law was established, various traditions were in fact an important influence of
4408-630: The Middle Ages and after. The most important work of Byzantine law was the Ecloga , issued by Leo III , the first major Roman-Byzantine legal code issued in Greek rather than Latin. Soon after the Farmer's Law was established regulating legal standards outside the cities. While the Ecloga was influential throughout the Mediterranean (and Europe) because of the importance of Constantinople as
4524-681: The Nicene Creed , and referred to in Orthodox worship, e.g. in the litany of the catechumens in the Divine Liturgy. With the mutual excommunications of the East–West Schism in 1054, the churches in Rome and Constantinople each viewed the other as having departed from the true church , leaving a smaller but still-catholic church in place. Each retained the "Catholic" part of its title, the " Roman Catholic Church" (or Catholic Church) on
4640-547: The Orthodox Catholic Church , and also called the Greek Orthodox Church or simply the Orthodox Church , is the second-largest Christian church , with approximately 230 million baptised members. It operates as a communion of autocephalous churches, each governed by its bishops via local synods . The church has no central doctrinal or governmental authority analogous to the pope of
4756-650: The Quinisext Council "shar[es] the ecumenical authority of Constantinople III. "By an agreement that appears to be in place in the [Eastern] Orthodox world, possibly the council held in 879 to vindicate the Patriarch Photius will at some future date be recognized as the eighth [ecumenical] council" by the Eastern Orthodox Church. Western Rite Orthodoxy exists both outside and inside Eastern Orthodoxy . Within Eastern Orthodoxy, it
General average - Misplaced Pages Continue
4872-549: The Syriac Orthodox Church from the Byzantine Patriarchate of Antioch . Those who disagreed with the Council of Chalcedon are sometimes called " Oriental Orthodox " to distinguish them from the " Eastern Orthodox ", who accepted the Council of Chalcedon. Oriental Orthodox are also sometimes referred to as "non-Chalcedonians", or "anti-Chalcedonians". The Oriental Orthodox Church denies that it
4988-620: The divine liturgy , other liturgical texts, and the Gospels along with some other scriptural texts into local languages; with time, as these translations were copied by speakers of other dialects, the hybrid literary language Church Slavonic was created. Originally sent to convert the Slavs of Great Moravia , Cyril and Methodius were forced to compete with Frankish missionaries from the Roman diocese; their disciples were driven out of Great Moravia in AD 886 and emigrated to Bulgaria . After
5104-410: The " Nestorian " churches resulted from the reaction of the Council of Ephesus (431), which are the earliest surviving Eastern Christian churches that keep the faith of only the first two ecumenical councils, i.e., the First Council of Nicaea (325) and the First Council of Constantinople (381) as legitimate. "Nestorian" is an outsider's term for a tradition that predated the influence of Nestorius ,
5220-400: The 1994 Rules, those still in widest use, may be found here: A summary of the 2004 changes may be found here. The 2016 Rules may be downloaded from the website of the Comité Maritime International, the custodian of the York-Antwerp Rules at [1] . US law provides for taking the shipowner's fault into account, in contradiction of Rule D of the York-Antwerp Rules. Therefore, a New Jason Clause
5336-410: The 19th century is titled: The Longer Catechism of the Orthodox, Catholic, Eastern Church ( Russian : Пространный христианский катехизис православныя, кафолическия восточныя Церкви ). From ancient times through the first millennium, Greek was the most prevalent shared language in the demographic regions where the Byzantine Empire flourished, and Greek, being the language in which the New Testament
5452-402: The 530s the Church of the Holy Wisdom (Hagia Sophia) was built in Constantinople under Emperor Justinian I . Beginning with subsequent Byzantine architecture , Hagia Sophia became the paradigmatic Orthodox church form and its architectural style was emulated by Ottoman mosques a thousand years later. Being the episcopal see of the ecumenical patriarch of Constantinople , it remained
5568-456: The Bulgarians the oldest organised autocephalous Slavic Orthodox Church, which shortly thereafter became Patriarchate. The success of the conversion of the Bulgarians facilitated the conversion of the East Slavs . A major event in this effort was the development of the Cyrillic script in Bulgaria , at the Preslav Literary School in the ninth century; this script, along with the liturgical Old Church Slavonic , also called Old Bulgarian ,
5684-688: The Byzantine Empire such as the Ecloga . This was to a great extent affected by the East/West ( Roman Catholic vs. Eastern Orthodox ) split in the Church. The perception in the West was that Roman law that was recorded in Latin was truly Roman whereas later laws written in Greek was distinct and foreign. Eastern Orthodox Church This is an accepted version of this page Autocephaly recognized by some autocephalous Churches de jure : Autocephaly and canonicity recognized by Constantinople and 3 other autocephalous Churches: Spiritual independence recognized by Georgian Orthodox Church: Semi-Autonomous: The Eastern Orthodox Church , officially
5800-435: The Catholic Church. The first known use of the phrase "the catholic Church" ( he katholike ekklesia ) occurred in a letter written about AD 110 from one Greek church to another ( Ignatius of Antioch to the Smyrnaeans ). The letter states: "Wheresoever the bishop shall appear, there let the people be, even as where Jesus may be, there is the universal [katholike] Church." Thus, almost from the beginning, Christians referred to
5916-425: The Christian Church as the "one, holy, catholic (from the Greek καθολική, 'according to the whole, universal' ) and apostolic Church". The Eastern Orthodox Church claims that it is today the continuation and preservation of that same early church. A number of other Christian churches also make a similar claim: the Roman Catholic Church , the Anglican Communion , the Assyrian Church , and the Oriental Orthodox . In
SECTION 50
#17327730193646032-428: The Christian Church is "universal", unseparated, and comprehensive, including all who share that faith. Orthodox bishop Kallistos Ware has called that "simple Christianity". That is the sense of early and patristic usage wherein the church usually refers to itself as the "Catholic Church", whose faith is the "Orthodox faith". It is also the sense within the phrase "one, holy, catholic, and apostolic Church", found in
6148-406: The Christian spirit, as well as by the common law , that protected and supported the institution of marriage and introduced the equality of all citizens in law. On the other hand, the penalties of amputation and blindness were introduced, reflecting the Byzantine concept in this period of changes. By means of his "Ecloga" Leo also addressed the judges, inviting them "neither the poor to despise nor
6264-437: The Church of the West, the Catholic Church, and the Eastern Byzantine churches, now the Orthodox. There were doctrinal issues like the filioque clause and the authority of the Roman Pope involved in the split, but these were greatly exacerbated by political factors of both Church and state, and by cultural and linguistic differences between Latins and Greeks. Regarding papal supremacy , the Eastern half grew disillusioned with
6380-409: The Corpus (in, for instance, most of Europe, Asia, South America, and Africa, as well as in the mixed jurisdictions of South Africa , Scotland , Quebec , the Philippines and Louisiana ). Following Justinian's reign the Empire entered a period of rapid decline partially enabling the Arab conquests which would further weaken the Empire. Knowledge of Latin, which had been in decline since the fall of
6496-415: The Eastern Orthodox Church presence remain in the eastern part of the Christian world, although it is growing worldwide. Orthodox Christians throughout the world use various ethnic or national jurisdictional titles, or more inclusively, the title "Eastern Orthodox", "Orthodox Catholic", or simply "Orthodox". What unites Orthodox Christians is the catholic faith as carried through holy tradition . That faith
6612-420: The Eastern Orthodox position. They are the Synods of Constantinople, in 1484 , 1583, 1755 , 1819, and 1872 , the Synod of Iași in 1642, and the Pan-Orthodox Synod of Jerusalem in 1672 . Another council convened in June 2016 to discuss many modern phenomena, other Christian confessions, Eastern Orthodoxy's relation with other religions and fasting disciplines. Constantinople is generally considered to be
6728-422: The Eastern Orthodox view, the Assyrians and Orientals left the Orthodox Church in the years following the Third Ecumenical Council of Ephesus (431) and the Fourth Ecumenical Council of Chalcedon (451), respectively, in their refusal to accept those councils' Christological definitions. Similarly, the churches in Rome and Constantinople separated in an event known as the East–West Schism , traditionally dated to
6844-449: The Ecumenical Patriarchate of Constantinople. There are additional Christian churches in the east that are in communion with neither the Catholic Church nor the Eastern Orthodox Church, who tend to be distinguished by the category named " Oriental Orthodox ". While the Eastern Orthodox Church continues officially to call itself "Catholic", for reasons of universality , the common title of "Eastern Orthodox Church" avoids casual confusion with
6960-403: The Farmer's Law, both in terms of why it was developed and its content. It is a private collection, continuously enriched, and refers to specific cases relevant to rural property within the framework of the Byzantine rural "community". As evident by the dispositions of the "Law", peasants were organized in "communities" and collectively responsible for the payment of the total tax the "community"
7076-540: The Fathers of the Church. b) The canons specifying the obligations of the ministrational clergy. c) The canons referring to the monks. d) The canons referring to the secular. The influence of these canons carried on in the future and they were extensively annotated by Balsamon, Zonaras and Aristenos, the three great ecclesiastic jurists of the 12th century. There were also other Ancient Church Orders no longer extant in Greek. Later, more-scientific collections emerged, including: All of these books were compiled later by
SECTION 60
#17327730193647192-483: The Holy Spirit maintains the unity and consistency of holy tradition to preserve the integrity of the faith within the church, as given in the scriptural promises. Orthodoxy asserts that its shared beliefs, and its theology, exist within holy tradition and cannot be separated from it, and that their meaning is not expressed in mere words alone; that doctrine cannot be understood unless it is prayed; and that it must also be lived in order to be prayed, that without action,
7308-412: The Levant. A number of influential schools of thought had arisen, particularly the Alexandrian and Antiochian philosophical approaches. Other groups, such as the Arians , had also managed to gain influence. However, their positions caused theological conflicts within the church, thus prompting the Emperor Constantine to call for a great ecumenical synod in order to define the church's position against
7424-426: The Pope's centralisation of power, as well as his blatant attempts of excluding the Eastern half in regard to papal approvals. It had previously been the case that the emperor would have a say when a new Pope was elected, but towards the high Middle Ages, the Christians in Rome were slowly consolidating power and removing Byzantine influence. However, even before this exclusionary tendency from the West, well before 1054,
7540-437: The Roman Empire , mostly because its adherents refused to comply with the demands of the Roman state—often even when their lives were threatened—by offering sacrifices to the pagan gods. Despite persecution, skepticism, and initial social stigma, the Christian Church spread, particularly following the conversion of Emperor Constantine I in AD 312. By the fourth century , Christianity was present in numerous regions well beyond
7656-402: The Roman law, but they also issued their own "new laws", the Novels ("Novellae", "Νεαραὶ"). In the late Roman era the legislative interest of the emperors intensified, and laws were now regulating the main aspects of public, private, economic and social life. For example, Constantine I was the first to regulate divorce and Theodosius I intervened in faith issues, imposing a specific version of
7772-399: The Roman people. These ideas were transmitted to the Middle Ages in the great codification of Roman law carried throughout by the emperor Justinian. The Corpus Iuris Civilis was issued in Latin in three parts: the Institutes , the Digest (Pandects), and the Code (Codex). It was the last major legal document written in Latin. The world's most widespread legal system, civil law , is based on
7888-419: The Slavic countries and especially Serbia , Bulgaria and Russia . Dating problems, similar to the ones of the "Farmer's Law" , presents a code of equal character, the "Rhodian Sea Law" ( Nomos Rhodion Nautikos ). In the Digesta seu Pandectae (533) codification ordered by Justinian I (527–565) of the Eastern Roman Empire , an opinion written by the Roman jurist Paulus in approximately 235 AD at
8004-411: The West, Justinian's Code began to be studied thus bringing in this influence. In Western Europe, following the fall of the Roman Empire, the influence of Roman/Byzantine law became more indirect though always significant during much of the Middle Ages. During the European Renaissance, Western scholars embraced Justinian's Code as a basis for jurisprudence, shunning many of the later legal developments of
8120-506: The West, virtually disappeared, making many of the old legal codices almost inaccessible. These developments contributed to a dramatic weakening of legal standards in the Empire and a substantial drop in the standards of legal scholarship. Legal practice would become much more pragmatic and, as knowledge of Latin in the Empire waned, direct use of Justinian's "Corpus Juris Civilis" would be abandoned in favor of summaries, commentaries, and new compilations written in Greek . The changes in
8236-436: The Wise fall into this category. Lokin argues that while later legal texts tended to rearrange or explain the 6th century work of Justinian, rather than create new law, they did alter the locus of authority for law ( legis vigor ) from the Emperor to God. In Justinian's work, Mosaïc Law and God's authority support the Emperor, and are consultative, but do not temper his absolute authority. This process has already begun in
8352-483: The application of justice itself, acting for the well-being and benefit of the population rather than for the correct structuring of society. The various philanthropics values of different classical philosophies intermixed with jurisprudence were already a fixed custom in the different code books and constitutions of the Ancient Hellenistic and Near-eastern kingdoms which practiced jurisprudence like
8468-488: The areas where they arose, before they grew significant enough to require an ecumenical council. There are seven councils authoritatively recognised as ecumenical by the Eastern Orthodox Church: There are also two other councils which are considered ecumenical by some Eastern Orthodox: In addition to these councils, there have been a number of other significant councils meant to further define
8584-725: The beginning of the Crisis of the Third Century (235–284) was included about the Lex Rhodia ("Rhodian law") that articulates the general average principle of marine insurance established on the island of Rhodes in approximately 1000 to 800 BC, plausibly by the Phoenicians during the proposed Dorian invasion and emergence of the purported Sea Peoples during the Greek Dark Ages (c. 1100–c. 750 BC) that led to
8700-526: The cargo or the ship. The "Naval Law" was included in the Basilika of Leo VI the Wise as a complement to book 53. In accordance with the model of the secular legal associations, the canons of the ecclesiastic councils concerned ecclesiastic issues and regulated the conduct of the clergy, as well as of the secular as concerned matters of belief. The "In Trullo" or "Fifth-Sixth Council", known for its canons,
8816-781: The centre and the "cradle of Orthodox Christian civilisation ". From the mid-5th century to the early 13th century, Constantinople was the largest and wealthiest city in Europe. Eastern Christian culture reached its golden age during the high point of the Byzantine Empire and continued to flourish in Ukraine and Russia, after the fall of Constantinople . Numerous autocephalous churches were established in Europe: Greece, Georgia, Ukraine, as well as in Russia and Asia. In
8932-414: The church and of the church by God), especially in worship, yield the pair "correct belief" and "true worship". Together, these express the core of a fundamental teaching about the inseparability of belief and worship and their role in drawing the church together with Christ. All Slavic churches use the title Pravoslavie ( Cyrillic : Православие ), meaning "correctness of glorification", to denote what
9048-584: The constant abuses and evasions of the dynatoi by imposing the allelengyon or through the different establishment of humanitarian and monastic institutions across the empire. By the time the Ecloga and the Basilika were being codified, a further increase in Hellenistic and Christian values were also put into practice, all death penalties were replaced with amputations and severe economic sanctions while making further clarifications and references to
9164-524: The continuation of the true church. In the ninth and tenth centuries, Christianity made great inroads into pagan Europe, including Bulgaria (864) and later Kievan Rus' (988). This work was made possible by Cyril and Methodius of Thessaloniki , two brothers chosen by Byzantine emperor Michael III to fulfil the request of Rastislav of Moravia for teachers who could minister to the Moravians in their own language. Cyril and Methodius began translating
9280-399: The conversion of some churches to the Catholic Church, which then also used "Greek Catholic" to indicate their continued use of the Byzantine rites. Today, only a minority of Eastern Orthodox adherents use Greek as the language of worship. "Eastern", then, indicates the geographical element in the church's origin and development, while "Orthodox" indicates the faith, as well as communion with
9396-442: The different Orthodox and Hellenistic concepts like that the judge should not only be the law incarnate, but also had to interpret it on the basis of "philanthrōpía " and "evergetikós" . Thus, verdicts were applied being directly influenced by the different values, ethics and philosophies of their Orthodox social environment and not by the legal provisions of the code books, resulting in the misapplication and misinterpretation of
9512-558: The efficient and persuasive use of rhetoric rather than the legal provisions themselves, without Roman law seeing any proper fully systematized or continuing application whatsoever. In accordance with the Orthodox-Hellenistic concepts of Kingship, the main source of law in Byzantium remained the enactments of the emperor since he himself was the law ( nómos émpsychos ) . The latter initiated some major codifications of
9628-465: The expansion, leaving some areas of doubt about what is proper church governance. Moreover, as in the ancient church persecutions, the aftermath of persecutions of Christians in communist nations has complicated some issues of governance that have yet to be completely resolved. All members of the Eastern Orthodox Church profess the same faith, regardless of race or nationality, jurisdiction or local custom, or century of birth. Holy tradition encompasses
9744-529: The findings of the Council of Chalcedon were the majority in Egypt. Today they are known as the Coptic Orthodox Church , having maintained a separate patriarchate. The Coptic Orthodox Church is currently the largest Christian church in Egypt and in the whole Middle East. There was also a similar, albeit smaller scale, split in Syria ( Patriarchate of Antioch ), which resulted in the separation of
9860-495: The formation of Byzantine Law. In 438, Emperor Theodosius published the Codex Theodosianus , which consisted of 16 books, containing all standing laws from the age of Constantine I until then. Soon after his accession in 527, Justinian appointed a commission to collect and codify existing Roman law. A second commission, headed by the jurist Tribonian , was appointed in 530 to select matter of permanent value from
9976-478: The fourth century onwards led to the calling of ecumenical councils . In the Orthodox Church, an ecumenical council is the supreme authority that can be invoked to resolve contested issues of the faith. As such, these councils have been held to resolve the most important theological matters that came to be disputed within the Christian Church. Many lesser disagreements were resolved through local councils in
10092-611: The growing, often widely diverging, philosophical and theological interpretations of Christianity. He made it possible for this council to meet not only by providing a location, but by offering to pay for the transportation of all the existing bishops of the church. Most modern Christian churches regard this synod, commonly called the First Council of Nicaea or more generally the First Ecumenical Council , as of major importance. Several doctrinal disputes from
10208-473: The internal life of the empire that occurred in the years following the publication of Justinian's code called for a review of the legislation, so as to meet the requirements of the times. It was introduced within the framework of the reforms of Leo III the Isaurian (the first Isaurian emperor), and he also provided the modification of current laws. In 726, he issued the "Ecloga", that had his name as well as
10324-455: The issues go as deep as the schisms. The depth of this meaning in the Eastern Orthodox Church is registered first in its use of the word " Orthodox " itself, a union of Greek orthos ("straight", "correct", "true", "right") and doxa ("common belief", from the ancient verb δοκέω-δοκῶ which is translated "to believe", "to think", "to consider", "to imagine", "to assume"). The dual meanings of doxa , with "glory" or "glorification" (of God by
10440-606: The law around the turn of the 3rd century, and these quotes are preserved, and an excerpt is included in Justinian's 6th-century Digest of Justinian (part of the Corpus Juris Civilis ), although the Lex Rhodia is itself now lost. After the fall of Rome, formal maritime law fell into disuse in Europe (maritime law scholar Jean Marie Pardessus suggests that the Digest of Justinian may have been entirely lost until
10556-455: The more prominent dictionary sense given for general use is still the one shared by other languages, implying breadth and universality, reflecting comprehensive scope. In a Christian context, the Christian Church, as identified with the original church founded by Christ and his apostles, is said to be catholic (or universal) in regard to its union with Christ in faith. Just as Christ is indivisible, so are union with him and faith in him, whereby
10672-554: The name of his son Constantine. "Ecloga", referring to both the civil and criminal law constituted, as was declared in the title, a "rectification (of the Justinian legislation) towards a more philanthropic version". The membership of the editing committee is not known, but its primary mission was, on the one hand, to modify those dispositions not to be aligned with the current times and, on the other, to prevent judges from taking money for their actions and to help them to solve cases properly. The dispositions of "Ecloga" were influenced by
10788-461: The needs and actions of the Middle Ages. It needed to be distinguished from its original model. Among the most important deviations from Justinian's Roman law are departure of consensuality when trading goods. So that a contract could exist, it was necessary for the object to either be given to the buyer or that a price be paid to the seller. As long as both sides finish their parts, the contract
10904-455: The one hand, and the " Orthodox Catholic Church" on the other, each of which was defined in terms of inter-communion with either Rome or Constantinople. While the Eastern Orthodox Church recognises what it shares in common with other churches, including the Catholic Church, it sees catholicity in terms of complete union in communion and faith, with the Church throughout all time, and the sharing remains incomplete when not shared fully. Paul and
11020-490: The ones unjust to let uncontrolled" . Besides, in his effort to deter bribery in the execution of their duties he made their payment local and payable by the imperial treasury. "Ecloga" constituted the basic handbook of justice dispensation up to the days of the Macedonian emperors, that also assumed legislative activity, whereas later it influenced the ecclesiastic law of the Russian Orthodox Church. Formerly
11136-604: The origin of which might lie in certain sections of the School of Antioch or via Nestorius' teachers Theodore of Mopsuestia or Diodore of Tarsus . The modern incarnation of the " Nestorian Church " is commonly referred to as "the Assyrian Church" or fully as the Assyrian Church of the East . The church in Egypt ( Patriarchate of Alexandria ) split into two groups following the Council of Chalcedon (451), over
11252-463: The original Christian faith, as passed down by holy tradition. Its patriarchates , descending from the pentarchy , and other autocephalous and autonomous churches, reflect a variety of hierarchical organisation . It recognises seven major sacraments , of which the Eucharist is the principal one, celebrated liturgically in synaxis . The church teaches that through consecration invoked by
11368-468: The people's native language rather than Greek , the predominant language of the Byzantine Empire, or Latin , as the Roman priests did. Perhaps the greatest legacy of their efforts is the Russian Orthodox Church, which is the largest of the Orthodox churches. In the 11th century, what was recognised as the Great Schism took place between Rome and Constantinople , which led to separation between
11484-721: The post Eastern Bloc countries, mostly in Russia. The communities in the former Byzantine regions of North Africa , the Eastern Mediterranean are among the oldest Orthodox communities from the Middle East , which are decreasing due to forced migration driven by increased religious persecution . Eastern Orthodox communities outside Western Asia , Asia Minor , Caucasia and Eastern Europe , including those in North America , Western Europe , and Australia , have been formed through diaspora , conversions , and missionary activity. The Eastern Orthodox Church
11600-466: The prayer is idle, empty, and in vain, and therefore the theology of demons. The Eastern Orthodox Church considers itself to be both orthodox and catholic. The doctrine of the Catholicity of the Church , as derived from the Nicene Creed , is essential to Eastern Orthodox ecclesiology . The term Catholicity of the Church ( Greek Καθολικότης τῆς Ἐκκλησίας ) is used in its original sense, as
11716-495: The principle remains within the admiralty law of most countries. It is provided by the Lex Rhodia that if merchandise is thrown overboard for the purpose of lightening a ship, the loss is made good by the assessment of all which is made for the benefit of all. A form of what is now called general average was included in the Lex Rhodia , the Rhodes Maritime Code of c. 800 BC . Julius Paulus quoted from
11832-516: The proliferation of the Doric Greek dialect . It is a collection of maritime law regulations divided into three parts. The first part refers to the ratification of the "Naval Law" by the Roman emperors. The second specifies the participation of the crew in maritime profits and the regulations valid on the ship, while the third and largest refers to maritime law, as for example to the apportionment of responsibility in case of theft or damage to
11948-427: The researchers attributed the juridical collections "Farmer's Law", "Rhodian Sea Law" and "Military Laws" to Leo III the Isaurian . The structure of the act is original and it isn't taken from any other source, considering that Leon didn't want to complete layer legal reform. It seems that his goal was just to modify Justinian's legal tradition in the most important segments of legal life, while still adapting it to
12064-583: The sacred role and responsibility of the emperor as the holy monarch chosen by God and the incarnation of law " nómos émpsychos " , thus having philosophical and religious purposes that idealized perfect Byzantine kingship. Though during and after the European Renaissance Western legal practices were heavily influenced by Justinian's Code (the Corpus Juris Civilis ) and Roman law during classical times, Byzantine law nevertheless had substantial influence on Western traditions during
12180-476: The understandings and means by which that unity of faith is transmitted across boundaries of time, geography, and culture. It is a continuity that exists only inasmuch as it lives within Christians themselves. It is not static, nor an observation of rules, but rather a sharing of observations that spring both from within and also in keeping with others, even others who lived lives long past. The church proclaims
12296-518: The works of the jurists, to edit it and to arrange it into 50 books. In 533 this commission produced the Digesta . Although Law as practiced in Rome had grown up as a type of case law, this was not the "Roman Law" known to the Medieval, or modern world. Now Roman law claims to be based on abstract principles of justice that were made into actual rules of law by legislative authority of the emperor or
12412-425: The world's largest cathedral for nearly a thousand years, until Seville Cathedral was completed in 1520. Hagia Sophia has been described as "holding a unique position in the Christian world ", and architectural and cultural icon of Byzantine and Eastern Orthodox civilisation , and it is considered the epitome of Byzantine architecture and is said to have "changed the history of architecture". There are
12528-493: The year 1054, although it was more a gradual process than a sudden break. To all these churches, the claim to catholicity (universality, oneness with the ancient Church) is important for multiple doctrinal reasons that have more bearing internally in each church than in their relation to the others, now separated in faith. The meaning of holding to a faith that is true is the primary reason why anyone's statement of which church split off from which other has any significance at all;
12644-447: The years these Roman codes were adjusted to the current circumstances and then replaced by new codifications, written in Greek. However, the influence of Roman law persisted, and it is obvious in codifications, such as Basilika , which was based on Corpus Juris Civilis . In the 11th century, Michael Psellos prides himself for being acquainted with the Roman legal legacy ("Ἰταλῶν σοφία"). Although Byzantine law structure had largely
12760-568: Was closed in 717 as Constantinople was besieged by the Umayyads , reopening in 866 only. It then probably remained open until the Sack of Constantinople by the Crusaders in 1204. During the early Middle Ages Roman/Byzantine Law played a major role throughout the Mediterranean region and much of Europe because of the economic and military importance of the Empire. The Syro-Roman Law Book ,
12876-405: Was convened in the years of Justinian II (691–692) and occupied itself exclusively with matters of discipline. The aim of the synod was to cover the gaps left in canon law by the previous Fifth (553) and Sixth Ecumenical Councils . This collection of canons was divided into four parts: a) The canons ratifying the doctrinal decisions of the first six ecumenical councils along with the teachings of
12992-495: Was declared official in Bulgaria in 893. The work of Cyril and Methodius and their disciples had a major impact on the Serbs as well. They accepted Christianity collectively along familial and tribal lines, a gradual process that occurred between the seventh and ninth centuries. In commemoration of their baptisms, each Serbian family or tribe began to celebrate an exclusively Serbian custom called Slava (patron saint) in
13108-406: Was liable for, being obliged to pay as well the amounts corresponding to indebted members of the community. As for the chronology of its writing, since the text itself bears no specific date, it is placed somewhere in between the second half of the 6th century and the middle of the 14th. Very early on, it was acknowledged as a legal handbook of great importance and greatly influenced much of the law of
13224-401: Was the Ecloga ’s publication that spurred the first major codification of Islamic imperial law. Slavic legal traditions, including countries ranging from Bulgaria to Russia , were substantially influenced by the Farmer's Law . To a lesser extent the Ecloga and other Byzantine codices influenced these areas as well. During the 18th and 19th centuries, as Russia increased its contact with
13340-544: Was the York Antwerp Rules of 1890. American companies accepted it in 1949. General average requires three elements which are clearly stated by Justice Grier in Barnard v. Adams : 1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently "inevitable", except by voluntarily incurring the loss of a portion of the whole to save the remainder. 2nd. There must be
13456-534: Was written, was the primary liturgical language of the church. For this reason, the eastern churches were sometimes identified as "Greek" (in contrast to the "Roman" or "Latin" church , which used a Latin translation of the Bible), even before the Great Schism of 1054. After 1054, "Greek Orthodox" or "Greek Catholic" marked a church as being in communion with Constantinople, much as "Catholic" did for communion with
#363636