Moral Content of the Right of Shelter and Impunity within Patriarchal Courts in Byzantium

Abstract

The article examines the moral content of the right of shelter and impunity possessed by churches (jus asyli) within patriarchal courts in Byzantium. The author focuses on the history of this phenomenon and on the arguments on why criminal cases had to be heard in patriarchal court during the period under consideration. The empirical evidence is presented by quotations from Byzantine legal monuments confirming the author’s theoretical arguments. This article was written on the basis of works of pre-revolutionary scholars in church history and canon law.

Keywords

• the right of shelter and impunity in churches
• jus asyli
• patriarchal court
• penance
• punishment
• право церковного убежища
• патриарший суд
• епитимья
• наказание