Sunday, December 15, 2024

Does Canon Law Recognize Automatically Imposed Penalties?

 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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