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E-raamat: Early Development of Canon Law and the Council of Serdica [Oxford Scholarship Online e-raamatud]

(, Professor Emeritus, Department of Theology, University of San Francisco)
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This volume presents a new, revised, and expanded edition of the author's 1958 The Canons of the Council of Sardica A.D. 343 (Clarendon Press). Hess (emeritus, theology, U. of San Francisco, CA) has added chapters that describe the development of the conciliar system and canon law, he's expanded the discussion of the political and social background to the canons, and their interpretation in cases of episcopal appeals. The simultaneous production of the canons in Latin and Greek is described. The full text of the canons is provided in appendices, in the original Latin and Greek, in the Greek translation by Theodosius Diaconus, and in English. Annotation (c) Book News, Inc., Portland, OR (booknews.com)

When first published in 1958, The Canons of the Council of Sardica, AD 343 at once became the standard account of the canons passed by the Western bishops at Sardica in 343 and the thinking on church matters that lay behind them. In this new edition Hamilton Hess has updated his account in the light of recent literature, included new materials and the full texts of the canons, and translated all quotations into English to reach a wider audience. Three new opening chapters make a fresh contribution to the study of early church history in giving a comprehensive analysis of the rise of the conciliar movement from its earliest beginnings to the fourth century establishment of councils as exclusively episcopal legislative assemblies. It is also shown that the emergence of canon law was a gradual evolutionary process leading towards the sixth-century organization of canonical collections as juridical ecclesiastical codes parallel with and complementary to the contemporary civil codes of the Roman Empire.
Abbreviations xii
PART I: Councils, Canons, and Canon Law
Introduction
3(2)
The Conciliar Movement
5(30)
The Rise of the Conciliar Movement
5(5)
Early Eastern Synods
10(5)
Early Western Councils
15(2)
North African Councils under Cyprian
17(4)
Conciliar Arrangements and Participants
21(3)
Conciliar Procedure
24(4)
The Vocabulary of Conciliar Procedure
28(1)
The Idea of the Council
29(4)
Conciliar Styles
33(2)
The Emergence of Canonical Legislation
35(25)
The Need for Rule-Making
35(2)
Collective Rule-Making
37(3)
Early Fourth-Century Councils
40(6)
The Council of Nicaea
46(2)
Later Eastern Councils
48(2)
Councils in Italy, Africa, Gaul, and Spain
50(3)
The Eastern Canonical Collections
53(2)
The Western Canonical Collections
55(5)
The Development of an Ecclesiastical Rule of Law
60(35)
Conciliar Enactments and the Parliamentary Process
60(5)
The Serdican Canons and Parliamentary Procedure
65(4)
The Earliest Forms of Canonical Publication
69(3)
The Significance of the Forms of Publication
72(3)
Conciliar Theory
75(7)
Towards the Emergence of Canon Law
82(3)
The Formation of Canon Law
85(8)
PART II: Serdica: The Council and its Canons
Introduction
93(2)
The Council at Serdica
95(19)
The Historical Setting
95(5)
The Preliminary Manoeuvres
100(5)
The Rival Councils
105(6)
Ossius of Cordova
111(3)
Historical and Textual Problems
114(10)
The Genuineness of the Serdican Canons
114(2)
The Numbering Systems
116(1)
The Problem of Textual Priority
117(7)
Early Textual Transmission and Development
124(22)
The Transmission of the Latin Text
124(5)
The Primitive Greek Text and a Resolution of its Differences from the Latin
129(5)
The Version of Theodosius Diaconus
134(9)
PART III: Studies in Interpretation
Introduction
143(3)
The Appointment of Bishops
146(16)
Canon 5(VIa)
146(8)
Canon 6(VIb)
154(3)
Canon 13(X)
157(5)
The Translation of Bishops and Other Clergy
162(17)
The Historical and Disciplinary Background
162(5)
Canon 1(I)
167(2)
Canon 2(II)
169(1)
Canon 3a(IIIa) and 3b(IIIb)
170(2)
Canon 14(XI)
172(1)
Canon 15(XII)
173(1)
Canon 16(XIII)
174(1)
Canons 18 and 19(XV)
175(2)
Canon 20(XVI)
177(1)
Canon 21(XVII)
177(2)
The Appeal Canons
179(22)
The Historical and Jurisdictional Contexts
180(6)
Factors Contributory to the Formula of Appeal
186(4)
The Interpretation of Canons 3c(IIIc), 4(IV), and 7(V)
190(9)
Canon 17(XIV)
199(2)
Episcopal Visits to the Imperial Court
201(9)
Episcopal Representation and Imperial Favour
201(2)
Canons 8(VII) and 10b
203(1)
Canons 9a(VIII), 9b(IXa), and 10a(IXb)
204(4)
Canons 11(XX) and 12
208(2)
Table I: The Numbering Systems of the Serdican Canons 210(1)
Appendix: Texts and Translations of the Serdican Canons 211(45)
Bibliography 256(12)
Index of Modern Authors 268(4)
Index of Subjects and Names 272


Hamilton Hess is Professor Emeritus, Department of Theology, University of San Francisco