Secular and Ecclesiastical court of IV and V centuries: jurisdiction judgment
Authors: Ilya Nazarov
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The article is devoted to the correlation of the jurisdiction of the secular and ecclesiastical court in the 4th and 5th centuries. n. e. in the Roman Empire. At the beginning of the article, the author analyzes the changes that took place in the state after the Edict of Milan. The author concludes that since the recognition of the Christian religion dominant in the territory of the Roman Empire, in the newly converted social system, there is another independent vertical of the judiciary, building their work on the basis of canonical rather than Roman law. Regulating social relations within the framework of one, albeit very extensive, social community, the jurisdictions of legal and canonical norms inevitably intersected and competed. Having established these circumstances, the author formulates the main problem of this study: could there be a situation in which the same person, for the same act, would be tried simultaneously by a church and secular court and could be brought to canonical and legal responsibility? To solve this problem, the author turns to the arguments of the authoritative prerevolutionary scientists Nevolin and Zaozersky, analyzes the provisions of the codes of Justinian and Theodosius, the rules of St. Basil the Great and St. Gregory of Nyssa. Without establishing a unified position on this issue, the author, using the principle of symphony, comes to the conclusion that when examining the jurisdictions of the church and secular court, we should not seek competition and contradictions in the jurisdiction of certain cases, but must turn to the true understanding of the canonical rules and penalties envisaged
by them. Through the correlation of the phenomena of an offense, an immoral act and sin, the author comes to the conclusion that the subjects of the ecclesiastical and secular court differ significantly, that is why, for the laity, a situation could arise in which the same person was subjected to double punishment (secular and church) for the same act.