俄国交响乐的种类与政教关系

IF 0.4 Q3 LAW

Oxford Journal of Law and Religion Pub Date : 2021-01-27 DOI:10.1093/OJLR/RWAA035

Антонов Михаил Валерьевич

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引用次数: 3

摘要

交响乐作为一个法律概念是在上古晚期由著名的拜占庭皇帝查士丁尼一世在公元535年的《新篇》6中提出的，即使在今天，它也很容易被后苏联的俄罗斯东正教教会用作理想政教关系的典范。我们在这篇文章中提出的问题是，这种模式在俄罗斯东正教会的政策文件中所规定的方式，是否与世俗法治原则相容(如果相容，在多大程度上相容)。本文将以教会对政教分离的宪法原则的态度为例，对这一问题进行分析。在俄罗斯，宪法第14条的这一原则实际上与教会支持的“和谐合作”传统相冲突，这种传统被称为“权力交响曲”。

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The Varieties of Symphonia and the State–Church Relations in Russia

Symphony as a legal concept was formulated in Late Antiquity by Justinian I, a famous Byzantine Emperor, in his Novella 6 of 535 C.E., and it is readily utilized by the post-Soviet Russian Orthodox Church as the model of ideal church-state relations even at present. The question we ask in this article is if this model, in the manner it was laid down in the policy documents of the Russian Orthodox Church, is compatible (and, if so, to what extend) with the principle of the rule of secular law. This problem will be analyzed in the present paper on the example of the Church’s attitude toward the constitutional principle of secularity and separation of state and church. In Russia, this principle from Article 14 of the Constitution in fact collides with the church-supported tradition of their “harmonious cooperation” which is called “symphony of powers.”

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来源期刊

Oxford Journal of Law and Religion LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.