Resumo
The topic of interaction between the Church and is still relevant since the influence of religion on public-power relations throughout the Christian world remains a tangible factor in public life. The present research aims to uncover the legal meaning of the sixth novella of Emperor Justinian (known in historiography as the ‘symphony of authorities’) in tsarist-church legal relations that were characteristic of Muscovy and the Russian Empire. The civilizational-cultural approach in jurisprudence used by the author allowed concluding that there is not only a functional difference between the tsardom and the priesthood (the two subjects of law that are part of the novella) but also the legal inequality characteristic of public law relations. From this angle, the novella was adopted in medieval Russia and legalized in the Russian Empire where the sovereign was called the Head of the Church and resolved the most important issues of church life with the help of the Holy Synod for this. The acquired experience of interaction between the reigning monarch and the Church can be mastered for developing the model of state structure existing in modern Russia.
Referências
Azarevich, D. History of Byzantine law. Part II. Yaroslavl, 1877.
BCL 1906, April 23. Collection of legalizations 603, P. 23.
Berdnikov, I.S. A short course of church law of the Orthodox Church. Kazan, 1903.
Berdnikov, I.S. The main principles of the church law of the Orthodox Church. Kazan, 1902.
Chicherin, B.N. Property and State. Moscow, 1882.
Church Bulletin, 20(1913).
Daniel, W.L. ‘‘The Sacred and the Secular: The Russian Orthodox Church and the Intelligentsia’’. Past csz 033 (July 2019). https://doi.org/10.1093/jcs/csz033
Desnitsky, A. ‘‘Priesthood and tsardom in the Russian public consciousness (from the history of one archetype)’’. Continent, No. 104. 2000.
Dorskaya, A.A. The influence of church law on the development of branches of Russian law. SPb., 2007.
Dorskaya, A.A. Church law in the system of law of the Russian Empire of the late XVIII - early XX centuries: PhD thesis. Moscow, 2008.
Dunn, D. J. ‘‘The Catholic Church and Soviet Russia, 1917-1939.’’ Journal of Church and State, 60, No. 2 (March 2018): 333-334. https://doi.org/10.1093/jcs/csy020
Filippov, A.N. Textbook of the history of Russian law. SPb., 1907.
Firsov, S.A. Some aspects of church-state relations in Russia at the beginning of the ХХ century. Church and State in Russian Orthodox and Western Latin Traditions. SPb., 1996.
Florensky, P, Priest. Correspondence of priest Pavel Florensky and Mikhail Alexandrovich Novoselov. Tomsk, 1998.
Florovsky, G.V., Archpriest. Ways of Russian theology. Moscow, 2009.
Fomin, S. ‘‘The Sweetest Name of Jesus’’. Russian Bulletin, No. 16-17. 2012.
Foundations of the social concept of the Russian Orthodox Church. The official website of the Moscow Patriarchate. http://www.patriarchia.ru/db/text/419128.html.
Gerostergios, A. Justinian The great and Holy. Moscow, 2010.
Gvosdev, N.K. ‘‘Of Religion and Empire: Missions, Conversion, and Tolerance in Tsarist Russia’’. Journal of Church and State, 43, No. 3 (July 2001): 612-613. https://doi.org/10.1093/jcs/43.3.612
Kartashev, A.V. Ecumenical synods. Church-state system of Justinian. Moscow, 2008.
Kormchaia (Nomocanon). Printed from the original of Patriarch Joseph. SPb., 2011.
Kormchaia (Nomocanon. MD RSL F. 310. No.30.
Kormchaia Book XV. MD RSL F. 256. No.231.
Kostogryzova, L. Yu. The evolution of church-state relations in Byzantium in the legislation of emperors of the IV - early X centuries. PhD thesis. Ekaterinburg, 2007.
Kulakovsky, Yu.A. History of Byzantium, 1: 395-518. SPb., 2003.
Lashkarev, P.A. On the relation of the ancient Christian Church to the Christian state. Moscow, 1873.
Lebedev, A.P. History of Byzantium, Moscow, 2005.
Maksimovich, K.A. Byzantine Empire: Roman-Byzantine Legal Heritage in the Orthodox World. Moscow, 2004.
Maksimovich, K.A. ‘‘Church novellas of St. Emperor Justinian I (527-565) in the modern Russian translation: experience of working on the project’’. Bulletin of Saint Tikhon's Orthodox University of Humanities, 17, No. 1. 2007.
Note by the Old Believers to Nicolas I. 1832. // MD RSL F. 316. B. 2. U. 7. P. 1.
Note by the Old Believers to Alexander II. 1867, approx. MD RSL F. 316. B. 2. U. 8. P. 23.
Pobedonostsev, K.P. Compositions. SPb., 1996.
Popov, N., Archpriest. Emperor Leo VI the Wise and His reign in church-historical terms. Moscow, 1892.
Prilutsky (Zelentsov), V. ‘‘The general picture of the relationship of the Russian higher church hierarchy with name-worshipers in connection with the creed of the name of God’’. Theological works, 33. Moscow, 1997.
SARF. F. 550. R. 1. C. 517. P. 47.
Shershnevich, G.F. General Doctrine of law and state. Moscow: I. D. Sytin, 1908.
Skabalanovich, N.A. The Byzantine state and the Church in the XI century. From the death of Vasily II the Bulgar Slayer to the accession of Alexei I Komnin. SPb, 2010.
Smolich, I.K. History of the Russian Church. Book 8, Рart 1: History of the Russian Church, 1700-1917. Publishing House of the Valaam Monastery, 1996.
Sobolev, S., Archbishop. Russian idea. On the true monarchical worldview. SPb., 2002.
Sokolov, I.I. ‘‘On Byzantinism in the Church-Historical Relation’’. Christian Reading, No. 12. (1903): 733-775.
Sokolsky, V.V. The participation of the Russian clergy in the development of monocracy and autocracy in Muscovy in the late XV and first half of the XVI centuries. Moscow, 1902.
Sorochan, S.B. Byzantium. The paradigms of life, consciousness and culture. Tutorial. Kharkov: Maidan, 2011.
Stoglav. Synod in Moscow under the Great Tsar and Great Prince Ivan Vasilievich. SPb., 2011.
Suvorov, N. S. The textbook of church law. Moscow: A.I. Snegirev Publishing House, 1908.
The Act, supremely approved on the Day of the Holy Coronation of His Imperial Majesty, and put for storage on the throne of the Assumption Cathedral. SPb: Printing house of the II branch of His Imperial Majesty’s Chancellery, 1830.
The charter of the spiritual consistories with additions and explanations of the Holy Synod and the Governing Senate. SPb., 1912.
The Code of Institutions and Charters of the Department of Spiritual Affairs of Foreign Confessions: Christian and Gentiles. CL RI 1857.
The Highest Approved Charter of the Spiritual Consistories. Art. 6. Complete collection of laws of the Russian Empire, V.XVI, No. 14409.
The Highest Command to the Senate by the authority of the Holy Synod (1884, Art. 493). On the enactment of the Charter of the Spiritual Consistories as amended. SPb., 1886.
The Orthodox Encyclopedia. http://www.pravenc.ru/text/180647.html.
The rite of the Holy Coronation; 1841. High approved Conclusion of the Holy Synod. 1906 Apr 23, CR 603, Art. 24.
The rules of the Orthodox Church with the interpretations of Nicodemus, Bishop of Dalmatia-Istria. SPb., 1911.
Tikhomirov, L.A. Monarchist statehood. Moscow, 2004.
Tsarist and Patriarchal Charter on the establishment of the Holy Synod. Moscow, 1848.
Ushanov, A.V. ‘‘Normative legal acts of the Russian Empire regulating the activities of the police in crime prevention (second half of the XIX century)’’. Academy of the Ministry of Internal Affairs of Russia, 2, No. 18 (2011): 128-132.
Uspensky, F.I. History of the Byzantine Empire. Periods I-III. Moscow, 2013.
Valdenberg, V.E. History of Byzantine political literature. SPb., 2008.
Vasiliev, A.A. History of the Byzantine Empire. Time from the Crusades to 1081. SPb., 1998.
Velichko, A.V. The political ideal of Byzantium. https://studopedia.org/12-35406.html
Verkhovsky, P.V. Establishment of the Ecclesiastical Collegium and the Ecclesiastical Rules: on the issue of the relationship between the church and the state in Russia: a study on the history of Russian church law. Rostov-on-Don, 1916.
Zaozersky, N.A. On the church and government authorities and on the forms of organization of the Orthodox Church. Moscow, 1891.
Zhukov, E.A. The tsardom and the priesthood. Russian People Line. Moscow, 2011.
Zyzykin, M.V. Patriarch Nikon and his state and canonical ideas. Moscow, 1988