CIVIL LAW PUNISHES, CANON LAW HEALS THEODOR BALSAMON (12TH

CENTURY). DICUSS, THE RELATIONSHIP BETWEEN CANON LAW AND CIVIL

LAW IN THE EASTERN ORTHODOX CANONICAL TRADITION.
Prelude
Any organized institution is guided by principles and regulations which can also be known as
rule or law. So, in the Eastern Orthodox canonical tradition, the canon law is the compass that
guides the life and running of the church. Our task in this research shall be unfolding in the
following order; first we shall look at the definition of canon law and its nature, followed by a
concise presentation of what is civil law? Thereafter, our focus will be on the relationship
between the canon law and civil law in the Eastern Orthodox canonical tradition; and that
will bring us to the end of this research.
The canon Law
The canon law is the set of laws and regulations made by the ecclesial authority for the
governing of the church and her faithful. This law applies to the behavioural, spiritual and
philosophical orientation of all her members. The behavioural orientation has to do with
doing what is right and avoiding what is evil, for example sexuality and sexual behaviour.
And the spiritual orientation is concern with the sanctity of the faithful while the
philosophical orientation has to do with the intellectual orientation of all her faithful with
regards to dogmatic decrees and the churchs philosophical orientation.
The Nature of the canon law
The phrase canon law is a combination of two contradictory words, canon and law. Canon
originally denotes a means to measure wood or stone for construction. But when used within

the Eastern Orthodox canonical tradition, it implies a standard for behaviour. 1 However, law
is a rule or set of rules recognized by a country or community as regulating the actions of its
members and enforced by the imposition of penalties. 2 These penalties or punishment for the
transgressor of a law which are coercive in nature is meant to encourage certain behaviour
and discourage others from doing that which the law forbids. In contrast to the civil law, the
penalties for canonical transgression are medicinal and directed toward the spiritual welfare
of the faithful.3
Moreover, Orthodox Christian tradition considers canon more as guidelines than as laws,
with the bishop adjusting them to cultural and other local circumstances. According to some
orthodox scholars, if it was the intension of the ecumenical councils for canons to be used as
laws, they would have called them nomoi/law rather than kanones/rules, but almost all
orthodox conform to them. Although, the dogmatic decision of the councils are to be obeyed
rather than to be treated as guidelines, since there are essential for the unity of the church.4
Therefore, the canon law within the Eastern Orthodox canonical tradition is a ministry of the
church because it attempts to apply dogma to practical situation in the life of each faithful.
Also, the canon law is Gods truth in the face of circumstance confronting the ecclesia body.
In other words, it is the expression of the churchs pastoral life.
Civil law
1 VISCUSO PATRICK, Orthodox Canon Law, A Casebook for study, InterOrthodox
Press,California 2006, p. 2.

2 Concise Oxford English Dictionary (Eleventh Edition)

3 Op. Cit., p.3
4 Patsavos, Dr. Lewis J., Ph.D. (2013). The Canonical Tradition of the Orthodox
Church. Greek Orthodox Archdiocese of America.

Civil law is a legal system which can be defined as a comprehensive system of rules and
principles usually arranged in codes and easily accessible to citizens and jurists. Civil law
promotes cooperation and order, but also predictable, based on a logical and dynamic
taxonomy developed from Roman law and reflected in the structure of the codes. 5 One
prevalent feature of civil law is that its core principles are codified into a referable system
which serves the primary source of law. Civil law permits adaptation to change, hence,
leaving room for the judiciary to adjust rules to social change and new needs, by way of
interpretation and creative jurisprudence.
Historically, a civil law is the group of legal ideas and systems ultimately derived from the
code of Justinian, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local
practices, as well as doctrinal strains such as natural law, codification, and legal positivism.
Conceptually, civil law proceeds from abstractions, formulates general principles, and
distinguishes substantive rules from procedural rules.6
The relationship between canon law and civil law in the Eastern Orthodox canonical
tradition.
It is interesting to note that the canon law within the Eastern Orthodox tradition is not just a
set of severe regulations with penalties such as excommunication for the slightest infraction.
The canon for the eastern orthodox is sacred; hence it sets a pastoral standard manifesting
Gods saving truth, rather than a set of harsh authoritarian rules and codes. The canon Law is
an expression of the Churchs existence in history; through this law; also, the internal life of
the Church is regulated, as a visible but divine organization, on the basis of what was
5 www1.law.lsu.edu/clo/civil-law-online/what-is-the-civil-law (March 20 th, 2015)
6 Michel Fromont, Grand Systemes de droit etrangers, 4th edn, (Paris: Dalloz,
2001), 8.

ordained by Christ and the Apostles and also on the basis of the Canons, ecclesiastical
regulations and practice, customs and state laws 7. Orthodox Canon Law is linked to the
nature of the Church, which, in turn, is based on Christology. In a word, Orthodox Canon
Law is fully incarnational and the truth is being applied to or incarnated in specific
circumstances of history. The Sacred Canons have a basic goal which is the salvation of the
people and the world. That is why the Rudder speaks about the character of the Sacred
Canons, which is the salvation of the humankind and so it has what is called the
Soteriological Character8; hence, the Civil law punishes, canon law heals.
On the other hand, a civil law is directed towards acts having motive, opportunity, and
premeditation or lack of premeditation.9 There are often punishments involved for the
transgressor of a law which are harsh and coercive in nature in order to encourage certain
behaviour and discourage others by the threats of the penalties. In contrast to civil law, the
consequences for canonical infraction are medicinal, that is, it meant to heal the victims of
the law but also for the good of the church. For instance, if an offence can destroy the
spiritual heritage of the body of Christ such offender is automatically isolated from the entire
body of Christ by excommunication. However, if by any means the violator recants his wrong
ways and seeks reconciliation with the body of Christ such a person may be readmitted to the
faith; since, the pastoral aim of the church is the salvation of all her faithful and not total
condemnation as the civil law may advocate.
Since the canon is a standard and not judicial. It is evident to note that in the Eastern
Orthodox canonical tradition, sin is not considered as a crime against God to be punished; it
7 KONSTANTINOS VASILAKIS, The Canonical Aspects Of Marriage And Divorce (QeonopA
1/2011) p.259

8 Op cit.
9 VISCUSO PATRICK, Loc. cit., p.3

is a sickness to be healed. So, the Canons are useful spiritual tools used by the Bishops and
Presbyters as spiritual fathers, not as lawyers or judges. Because for the church, ones moral
life has a direct link to ones spiritual life and salvation 10. The Canons, therefore, are used in
order to lead the sinful people to salvation without judging them.
As far as the Holy Canons are concerned I would like to make a helpful and important
clarification. As we all know the compendium of Orthodox Canon Law is called Pedalion
which in Greek means Rudder. Literally, guiding a soul to salvation is like steering a ship
with a rudder1n. To steer a ship, you have to take into account many different factors like
how fast the ship is moving, where the current is going, how much wind is blowing, how
quickly and how much you need to change the course or even stay on course. The same
procedure you must follow with the soul of each individual. You have to find out his limits,
his rate of obedience, how he can keep the fast, the vigils, and the prayer. As humans we all
have our limits, and so for St. John Chrysostom the spiritual father who holds the rudder
must be very careful with each person and guiding him according to the need of each11,

However, sometimes the rudder of the ship is useless because the other forces are too strong
and other things have to be brought into play. It requires practice and discernment to know
how much rudder to use in a particular situation, and few situations are exactly the same.
Different helmsmen will use the rudder in different manners to achieve the same result, just
like two different doctors with two different patients might use two very different treatments
to cure the same disease. We can realize that exactly the same method exists when an
experienced spiritual father uses the Pedalion in order to guide the spiritual child. However,
10 PATSAVOS LEWIS J., Manual for the course in Orthodox Canon Law, Brookline
1975, p.14
11 See the prayer after the Lords Prayer in Divine Liturgy of St. John Chrysostom: We
thank you, King Invisible, who by your boundless power created all things...

considering the complexity of the human person, each holder of the rudder must have the
wisdom of heart to consider the personality who is in front of him, and afterwards to give a
real spiritual treatment. Therefore, the Canons are not law per se. They provide guidance,
but must be used with discretion and discernment. The laws per se are universal and must
be enforced.
Furthermore, Canons are tools and used as needed; not to destroy but to achieve spiritual
perfection and to save. The spirit of love that is commitment to the spiritual perfection of the
individual must prevail in the application of the law 12. The Canons are also merciful, with a
lenient and magnanimous character. For that reason, we apply in the Catholic Church what is
called dispensation. Unlike Secular Law, or Mosaic Law, the purpose of the Churchs Law is
the Salvation of her members. Mere application of the letter of the law is replaced by a sense
for the spirit of the law, and adherence to its principles. Thus, abolition of the letter of the law
by the spirit of the law gives way to oikonomia 13. Through oikonomia which is an
exception to the general rule, the legal consequences which usually follow violation of law
are lifted. Oikonomia is granted by the competent ecclesiastical authority and has not so
much the character of urgency as it does the character of compassion for human frailty14.
The Churchs Law, as a law of grace, it is characterized primarily by the spiritual attributes of
compassion, pastoral sensitivity, and forgiveness which are based on the mercifulness of our
God. But again we must be extremely careful not to convert oikonomia into canon and the

12 Op. Cit., p.10

13 Op. Cit., p.10
14 PATSAVOS LEWIS J., The Canonical Tradition of the Orthodox Church, in Fotios
K.Litsas, A Companion to the Greek Orthodox Church, New York: Greek Orthodox
Archdiocese,
1984, p. 145.

canon into oikonomia. We ought to exercise oikonomia only in special cases and under a
thorough examination of all the parameters.
More so, the expression, Canon Law, should be understood in terms of its meaning as
canon or canonical legislation without confusion with Civil law 15. Canon Law has its own
independent sources. The origins of these sources are found in the will of Jesus Christ to
found His Kingdom upon earth16. Canon Law therefore is not subjected to any of the
jurisdictions of civil law. There are often punishments involved for the transgressor of a law
which are coercive in nature in order to encourage certain behaviours and discourage others
by the threat of penalties. But the spiritual character of Canon Law is evident from the fact
that it is not coercive as is civil law. Moreover, the purpose of the authority of the Ecclesia
is service to others, whereas the purpose of the states authority is sovereignty over others17.

At this juncture, it is pertinent to note that Canon Law is different from Ecclesiastical Law,
ecclesia law is understood as the sum total of the laws passed by the Church and the State,
through which the life of the Church in general is govern. Ecclesiastical law is, therefore,
broader than Canon Law, since the contents of Canon Law consist only of the ordinances and
canons passed by the Church, including those in Holy Scripture and Sacred Tradition 18.
Canon Law is the attempt to apply dogma to practical situations in the daily life of each
Christian. From the Orthodox point of view, Canon Law expresses Gods Truth given the
15 VISCUSO PATRICK, Orthodox Canon Law, A Casebook for study, Inter Orthodox
Press,California 2006, p. 3.

16 PATSAVOS LEWIS J., Manual for the course, Op. cit., p. 9.

17 PATSAVOS LEWIS J., Op. cit., p. 10.
18 RODOPOULOS PANTELEIMON Metropolitan of Tyroloe, An Overview of
OrthodoxCanon Law, Orthodox Research Institute 2007, p. 21.

time and circumstances. It is primarily spiritual and sacred because it strives for the spiritual
perfection of the members of the Church and concerns itself with the inner disposition behind
every act or neglect of an act. The canons are a divine-human reality parallel to the two
natures of the Christ and an extension of Gods saving work and divine redemption. In
theological terms, Canon Law reflects the application of Divine Truth, the Churchs divine
nature, possessing a historical reality. In this sense, Canon Law is a part of Orthodox
Ecclesiology which is based on Christology and its definition of Chalcedon of one person and
two natures19. The truth being applied in Canon Law pre-exists creation as divine truth. This
truth is being expressed in the circumstances of history and it is eternal. The corpus of Canon
Law enlightens and helps the Churchs needs and life throughout the ages. Thus, as an
incarnational reality, Canon Law is the expression of the Churchs pastoral life.

Conclusion
In our discussion thus far, our focus have being on the relationship between canon law and
civil law in the Eastern Orthodox canonical tradition. From our exposition we have
established that civil law punishes while canon law heals. Within the ambit of the canon law a
violator is considered sick and the only way to remedying any sick person is by administering
adequate medication. Thus, for the eastern orthodox canonical tradition, the canon law is the
yardstick for administering a healing remedy for this sick fellow. This is because the primary
goal of the canon law is the salvation of all her subjects. On the other hand, the civil law is
harsh and coercive and its meant to encourage certain behaviour and discourage others from
doing that which the law forbids.
19 The Fourth Ecumenical Council of Chalcedon (451) taught that Christs two
natures,human and divine, are united without confusion, separation or change, and are
undivided in
one person.

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