Does Orthodox Canon Law Recognize Automatically Imposed Canonical Penalties, such as Deposition, Excommunication, etc.?
As for the Byzantine Church,
there is no indication that it ever recognized automatically imposed [poenae
latae sententiae] penalties. The great canonists of the Middle
Ages—Aristinos, Zonaras, and Balsamon—speak, for example, in their
interpretation of canon 1 of Antioch only of poenae ferendae sententiae.
Notably, [Nikodim] Milaš, in his commentary on the canons, distinguishes
between the two classes of penalties and assigns them Greek names. However, in
his Ecclesiastical Law of the Eastern Church, his principal work, there
is no trace of this distinction, as far as I can see, nor in the works of other
Eastern canonists.
- Translated from "Hat die
byzantinische Kirche von selbst eintretende Strafen (poenae latae sententiae)
gekannt?" [Did the Byzantine Church recognize automatically imposed
penalties (poenae latae sententiae)?], by E. Herman, published in Byzantinische
Zeitschrift, Band 44 Heft 1-2, p. 264.
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