Религиозната толерантност в древността : Сборник статии и доклади 2013-2014
Religious Tolerance in the Ancient Times : Collection of Articles and Reports 2013-2014
Contributor(s): Malina Novkirishka- Stoyanova (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: religion; tolerance, ancient times
Summary/Abstract: The collection includes reports presented in 2013 and 2014 at the series of organised scientific events connected with the research project "Religious tolerance".
- Print-ISBN-13: 978-619-7109-02-3
- Page Count: 143
- Publication Year: 2014
- Language: Bulgarian
Сакрално право, християнство, Милански едикт
Сакрално право, християнство, Милански едикт
(Ius Sacrum, Cristianity, Edict of Milan)
- Author(s):Antonio Fernández de Buján y Arranz
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:11-16
- No. of Pages:6
- Keywords:cristianity; ius sacrum; edict of Milan
- Summary/Abstract:The first thing in the article is a study of the notion of ‘ius sacrum’ as a collective term for all norms related to the practice of various cult in Ancient Rome as well as directions of moral and customary character in which the idea of connection between the Romans and their gods is brought forth- pax deorum. The very title of ‘ius sacrum’ is result of the notion to give legal meaning to the relationship with one’s gods, to the desire to give actual legal form to the relationship of gods and people and to get a clear understanding of the will of the gods by means of multiple priestly congregation acting as intermediary. The presence and influence of worship is followed closely which up until the appearance of Christianity allows for the practice of worship targeted towards other gods in the Roman Empire. The only option which would lead to a ban on non-Roman deities would be breaking the civil order as in with the Vakhanali. This is the basic argumentation for undertaking persecution of Christians who refuse to obey to the state cult and to the cult of the emperor and by so doing break the civil order. The paper offers a study of the stages of persecution as well as new policies starting with so called the Edict of Milan. The beginning of the consolidation of Catholic church are also noted by mentioning the Congress of Nicaea, 325 and further development of Christianity as the state religion and the basis of political doctrine caesaropapism.
Християнството в Римската империя
Християнството в Римската империя
(Christianity in the Roman Empire)
- Author(s):José Antonio Martínez Vela
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:17-31
- No. of Pages:15
- Keywords:christianity; Roman empire; tolerance; edict of Milan
- Summary/Abstract:The article tracks the stages of the persecution of Christians by emperor Nero until the Edict is issued by emperor Galerius in 311 and The Edict of Milan in 313. The article also examines the scale of the persecutions and its ubiquity and the ideological foundation. On the basis of the analysis of some historical, legal and literary sources some of the biased concepts and conclusions have been eliminated. The main thesis is accepted that the Roman public authority intervenes by means of repressive measures only with certain cults and certain territories, when their practice has public manifestation against the Roman religious customs (mores maiorum). On the whole the hostile Roman attitude is not directed towards accepting new gods, but the ethical and customary aspect which invariably accompanies new cults and which might stand against the Roman beliefs and public morals. Ten of the main stages in the persecution of Christians by emperors Nero, Domitian, Trajan, Marcus Aurelius, Septimus Severus, Maximinus, Decius, Valerian, Aurelianus, Diocletian are examined. The article notes some of the emperors who have shown actual tolerance towards both for Christians and other religions, that were practiced by peoples in the Roman empire in the period I-III. The articles puts an emphasis on the edict of Galerius and the following period of peaceful cohabitation of Christians in the Empire that lasting nearly twenty years into Diocletian’s reign until 303.
Религиозната нетолерантност в Испания през III в
Религиозната нетолерантност в Испания през III в
(Religious Intolerance in III in Spain)
- Author(s):Federico Fernández de Buján
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law, Roman law
- Page Range:32-38
- No. of Pages:7
- Keywords:religion; intolerance; Spain; persecution of christians
- Summary/Abstract:The article examines the ideological and political basis for the persecutions of Christians in I-III AD. The meaning of the ‘’persecutions of Christians’’ is identified as any sever measure of repression upon the religion of Christians and more so against the practice of their religion.The reasons are analysed for the tolerance on part of Rome when it comes to the religions of the conquered peoples and the contrasting hostility towards Christianity. It is, furthermore accepted that while other religions including Judaism coexist peacefully within the framework of the Roman state religion while the first Christians moved by the evangelic of Christ developed an active proselytizing and preached a massage of salvation in order to make all the people of the world to accept Christianity. Their definitive refusal to conduct rituals typical of the recognized state religion in Rome and to follow in the cult for the emperor was understood as pejorative towards the Republic ‘’Res Publica’’ and should therefore be punished with at most severity in order to discourage such activities. Thus Christians are treated as enemies of the Empire, persecuted as criminals and their followers prosecuted as well.The emperors’ main acts of persecutions are also examined. Some of the most important martyrs in Spain are also brought to light as examples for Christians and individuals exemplifying the groups to which they belong; worshipped throughout the ages and up until now as defenders and very often patrons.
Миланският едикт и религиозната свобода в законодателството на император Константин
Миланският едикт и религиозната свобода в законодателството на император Константин
(The Edict of Milan and the Religious Freedom in the Legislation of Emperor Constantine)
- Author(s):Giogio Barone Adesi
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:39-45
- No. of Pages:7
- Keywords:edict of Milan; religious freedom; legislation; emperor Constantine
- Summary/Abstract:The Byzantine church history and the Late Ancient Christian sources canonized Constantine as a symbol of the first Christian emperor, protector of all believers including all beyond the boundaries of the Roman Empire. In this relation the edict of Milan is officially introduced in the church sources as the Christian conceptual basis of the Constantine’s legislation.The article is dedicated to the disclosure of its true essence and the consequences for the Christian communities which are observed as property rights. Under consideration is the importance of the decision made by emperors Constantine and Lucinius in Milan, the necessity to recognize freedom of Christian community (secta) to practise its convictions regardless the ideological religious differences (religio) is emphasised as well as all other religions in the Empire. The decision not to put limits on religious plurality even within Christianity itself predetermined irrelevance of all legislative interference in ideological arguments which are the basis of division among Christians.It is accepted that the preserved text in the work of Lactantius and Eusebius which is referred to as the edict of Milan is in fact created in the offices of Licinius- rescript. The following constitutions of Constantine and the proconsular governor of Africa Anullinus in relation to the strengthening of the Catholic faith in these provinces are analysed.
Миланският едикт и религиозното законодателство на император Константин
Миланският едикт и религиозното законодателство на император Константин
(The Edict of Milan and the Religious Legislation of Emperor Constantine)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:46-70
- No. of Pages:25
- Keywords:edict of Milan; religion; legislation; emperor Constantine
- Summary/Abstract:The article presents the main concepts about defining the Christianity as religion equal to the others within the Roman Empire as indicated in the Serdica edict of emperor Galerius, 311 and the Edict of Milan by Constantine and Licinius in 313 which proclaimed religious freedom and tolerance. A comparison is made between the content and shape of two emperors’ constitutions. And it is argued that an individual act issued in Milan under the guise of an edict doesn’t exist as such. More detailed analysis is made about the legislation of emperor Constantine after 313 by examining the main tendencies of Christian philosophy and ethics that make up its ideology. In the study it is accepted that the main spheres of Christianization are both in the private law (individual status, family rights, and rights of heritage) and public law (the introduction of episcopal jurisdiction, criminal law and procedure, privileges for Christians, clerical, church property etc). The main conclusion is that emperor Constantine conducts his policy-making in a balanced way with regard to such notions as question of religion and gradual matter of Christianization within the Empire. There are a lot of references to the main compositions concerning the problems examined which makes the article useful for further study in this area.
За формата на "Медиоланския едикт"
За формата на "Медиоланския едикт"
(About the Form of the "Edictum Mediolanum")
- Author(s):Maria Kostova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:71-79
- No. of Pages:9
- Keywords:edictum mediolanum; form
- Summary/Abstract:The acts of the Roman emperors were defined as constitutions. In the historical sources instead of the term constitution often occur terms as– еdicta, decreta, mandata, еpistulae, rescriptum, subscriptions, which indicate various types of constitutions The explorers of the constitution, issued by emperors Constantine and Licinius in 313, have commented on the technical question concerning the form of this constitution. Many scholars use edictum Mediolanum, but some who have been examining in details the form of the text consider that this is a contravercial issue defining the text as edictum. The Latin text of the constitution of Constantine and Licinius is translated into Greek by Eusebius of Caesarea, who used in the beginning of the text the Greek substantive διάταξις ‘in order of’ which implies the idea for mandatum. The Greek word διάταξις corresponds with the Latin form ordinanda in the text of Lactantius. However the Greek text doesn’t help us much, because the word διάταγμα, which is etymologically similar to διάταξις, is used to indicate also edictum.
Религиозната толерантност във фамилното законодателство на император Константин Велики
Религиозната толерантност във фамилното законодателство на император Константин Велики
(Religious Tolerance in the Family Law Legislaton of the Emperor Constantine)
- Author(s):Marija Ignjatović, Goce Naumovski
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:80-89
- No. of Pages:10
- Keywords:religious tolerance; law legislation; emperor Constantine
- Summary/Abstract:After the acceptance of Christianity as an official religion in 313 by the Edict of Milan Constantine the Great administered a series of important reforms and thus continuing what Diocletian had started. One of the numerous reforms was the Act called legitimation according to which even children born out of wedlock were considered legitimate (liberinaturales). There were three cases of legitimation: legitimatio per subsequent smatrimonium (the legitimation of children after the subsequent marriage), legitimatio per oblationem curiae (instructing a son to become a Decurion) and legitimatio per rescriptumprincipis (in the cases where there was impossible to form the subsequent marriage because of the absence, death, unworthiness etc. of the mother concubine). Although legitimatio appeared when Christianity was introduced thus influencing its administration, this institution continued to develop in the constitutions of the following emperors.
За признаването на епископския съд (Episcopalis Audientia) в законодателството на Константин I (стн. 1.27.1)
За признаването на епископския съд (Episcopalis Audientia) в законодателството на Константин I (стн. 1.27.1)
(The Recognition of an Episcopal Trial (Episcopalis Audientia) by Legislation of Emperor Constantine I (CTh. 1.27.1))
- Author(s):Methodi Todorov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:90-96
- No. of Pages:7
- Keywords:episcopal trial; recognition; legislation; emperor Constantine I
- Summary/Abstract:The present article analyzes the recognition of an episcopal trial (episcopalis audientia) by emperor Constantine I in the Constitution from 318 AD (CTh.1.27.1). The article also examines the personal and material competence of his jurisdiction with relation to the imperial courts.
Относно религиозната толерантност и влиянието на християнството в римското право
Относно религиозната толерантност и влиянието на християнството в римското право
(Religious Tolerance and the Influence of the Christianity on Roman Law)
- Author(s):Juan M. Alburquerque, Salvador Ruiz Pino
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:97-107
- No. of Pages:11
- Keywords:religious tolerance; christianity; influence; rescripts; emperor Constantine
- Summary/Abstract:The article examines the main legal measures included in the Edict of emperor Galerius, issued in Serdica, 311 and the Edict of Milan, issued by Licinius and Constantine in Milan, 313. As a result of the greatly popularized religious tolerance which gradually turns into a process of the favouritism of the Christian religion, there exists a common notion of humanization of law under the influence of Christianity in terms of its philosophy and world view. It is visible in certain legislative institutions when it comes to private law but more prominently in relation to the provision of Christian communities and their leaders with administrative and executive law rights, that are concerned with religious practitioners and their priests as well (episcopalis audientia). By assigning the bishops these functions a chance is given for effective influence by Christianity on a number of issues that are part of private law. With relation to that the article observes a major procedure for the change of private status- liberation of clerical slaves (manumission in ecclesiis, in sacrosanctis ecclesiis, or in ecclesia). Two parallel constitutions concerned with these issues and addressed to the bishop Serdica Protogen (C.J. 1.13.1.) and the bishop of Cordoba Ozius (C.J. 1.13.2) are analysed in the details.
Правото и политиката през VI в. сл. Хр. - за един християнски свят
Правото и политиката през VI в. сл. Хр. - за един християнски свят
(Law and Politics in VI AD in the Christian World)
- Author(s):Rosalía Rodríguez López
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law, Roman law
- Page Range:108-117
- No. of Pages:10
- Keywords:law; politics; christianity
- Summary/Abstract:The article assumes that the Serdica Edict of Tolerance issued by Galerius in 311 AD has laid the foundations for the Edict of Milan, 313 AD issued by emperors Constantine and Lucinius. On the basis of these edicts the politics of Constantine after 323 developed into a distinct favouritism towards Christian religion even though the Roman-Greek cult hadn’t been banned since it was practised by the upper classes. The Roman Empire gradually turns into the Christian Empire and the bases laid by Constantine in the private and public law based on justice, equality, compassion and charity are the foundations of the ideology as well as in the argumentation in legislative activities of following emperors. The study emphasizes the administrative aspects of the Christian influence related to the theory of power which were consolidated during the reign of emperor Justinian. Justinian develops one ambitious programme which aims to revive the Roman Empire. It is known as ‘renovatio imperii ’ (restoration of the Empire) and this programme spreads in all areas of public life. The emperor relies on the help of the clergy, in order to achieve the expected results. In return of their help he grants exclusive privileges and protection noted in the legislation from that period. The concept of the power in the Empire being unified, supreme, Christian, relying on divine legitimacy is established in Constantine’s time. Justinian adopts Constantine as his role model and just the latter he combines political and religious interests and it this way Justinian solidifies the principles of rule and the system of theocratic aristocracy and with a model of absolute power.
Свободата на вероизповеданията в исторически план
Свободата на вероизповеданията в исторически план
(Freedom of Religion Throughout Historical Development)
- Author(s):Vanessa Ponte Arrebola
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law, Roman law
- Page Range:118-132
- No. of Pages:15
- Keywords:religion; freedom; historical development
- Summary/Abstract:The article analyzes the term and notion of religious tolerance. Certain philosophical concepts on freedom of religion and its practice in the contemporary world are introduced. The present study analysis the manifestations of religious tolerance in relation to the concepts for freedom of personality in Ancient Greece and Ancient Rome in the context of political, cultural and religious community in the Antiquity. The article further analyzes the connection between Rome and Christianity and the turning point of the policy of persecutions developing into a policy of tolerance of Christian religion and more so its adoption as a state religion and the prohibition of pagan cults. The second part of the article examines the dualism of Christianity. It exists in summarized version and it is expressed by the idea of caesaropapism and the supremacy of religious power over secular power and vice versa. The two systems are based on the concepts of political and cultural (Christian) community and are inextricably bound. They originate from the elevation of Christianity to official religion in the Roman Empire and its supremacy during the following centuries within the European continent. The effects of religious tolerance in the liberal and social nation are observed through the prism of contemporary concepts about the equality of religious practices and freedom of religion.
