ejournals

Author

Legal Historical Research in Belgium (2015)

Wouter Druwé

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 251 - 254

This contribution provides an outline of the most important accomplishments in Belgian legal historical research in 2015, in terms of conferences, publications, and Ph.D. defences. Three preliminary remarks are necessary. First, this contribution does not aim to be an exhaustive overview of all publications. Secondly, given the international nature of current academic research, it is almost impossible to separate Belgian legal historical work from events in European legal history and even beyond. Therefore, the focus will be only on those conferences and projects organized or edited by legal historians active at Belgian universities. Thirdly, although I tried to take into account the French speaking universities of Belgium as well, I am more familiar with the Flemish ones.

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Author

Legal Historical Research in Belgium (2016)

Wouter Druwé

Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 363 - 367

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Author

Legal Historical Research in Belgium (2017)

Wouter Druwé

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 279 - 283

https://doi.org/10.4467/20844131KS.18.015.8779

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Author

Legal Historical Research in Belgium (2018)

Wouter Druwé

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 429 - 433

https://doi.org/10.4467/20844131KS.19.015.10936

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Author

The Relationship between Civil and Canon Law in the Eastern Orthodox Tradition

Wouter Druwé

Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 343 - 356

https://doi.org/10.4467/20844131KS.15.020.4880

Theodore Balsamon, a 12th-century Constantinopolitan canonist, famously said: “Civil law punishes, canon law heals”. This paper tries to understand that statement by studying the relationship between civil law and canon law in the Eastern Orthodox tradition. From the 4th century onwards, the Roman imperial administration gave exequaturs to episcopal judicial decisions. In his novellae, Emperor Justinian considered the canons of the ecumenical councils as nomoi, which also implied that he could change canons by enacting imperial legislation. As of the 6th century, canon and imperial laws were published together in so-called nomokanones. At the end of the 9th century, Patriarch Photios formulated – for the first and last time in Byzantine legal history – the division of competences between Emperor and Patriarch. This paper argues that, though civil and canon law were separate fields with their own specific aims, the executability of their sentences remained crucially different.

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Wouter Druwé

Catholic University of Leuven, Oude Markt 13, 3000 Leuven, Belgium

Catholic University of Leuven, Oude Markt 13, 3000 Leuven, Belgium