Axiological basis of interaction between church law and culture: A theoretical approach

Authors

  • Yulia V. Erokhina State Academic University for the Humanities, 26, Maronovsky per., Moscow, 119049, Russian Federation; Ss. Cyril and Methodius Theological Institute of Postgraduate and Doctoral Studies, 4/2, ul. Pyatnitskaya, Moscow, 115035, Russian Federation https://orcid.org/0000-0001-7004-4808

DOI:

https://doi.org/10.21638/spbu28.2024.107

Abstract

The article examines the axiological foundation of interaction between church law and culture, highlight problems concerning the criteria of correlation between church law and culture, a large number of approaches to definition of these terms, comparison methodology. Possible variants of the relationship between church law and culture are identified, such as: the opposition of church law and culture; church law as part of culture; church law includes culture as a social context of churchlegal issues; church law and culture are considered together. The problem of the correlation of ecclesiastical and canonical law is outlined, which will help to avoid terminological confusion and highlight the essential characteristics of ecclesiastical law. Operational definitions of “culture” and “church law” concepts are given. Using a legal approach, it is established that the relationship between church law and culture is realized through the category of legal regulation. A theoretical approach to the study of interaction between church law and culture through the prism of cultural heritage of the church is proposed, while the term “cultural heritage of the church” is interpreted and typologized by the author, in particular, it is proposed to distinguish material and spiritual cultural values of the church. The formation of the cultural values of the church has its own evolution, the subject of church law includes issues of preservation and use of the cultural values of the church (the cultural heritage of the Russian Orthodox Church). With the help of the norms of church law, the mechanism for solving issues of preserving and using the cultural values of the church is outlined.

Keywords:

church law, canon law, culture, value, axiology, cultural values of the church, material cultural values, spiritual cultural values

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References


References

Astakhov O. Yu. (2012) “Culturological and philosophical aspects of the formation of integrative knowledge about culture”, in Vestnik Kazanskogo gosudarstvennogo instituta kul’tury, no. 2, pp. 10–13. (In Russian)

Belyakova E. V. (2004) Church court and problems of church life. Мoscow, Dukhovnaia biblioteka Publ. (In Russian)

Berdnikov I. S. (1903) A short course in church law of the Orthodox Church. Kazan’, Tipo-litografiia Imperatorskogo universiteta Publ. (In Russian)

Dorskaia A. A. (2018) “Church law as a subject of scientific discussion: The main directions of the study of church-legal issues in the post-Soviet period”, in Khristianskoe chtenie, no. 1, pp. 134–143. (In Russian)

Ferens-Sorotsky A. A. (2009) “Canon (church) law”, in Pravovedenie, no. 6 (287), pp. 139–150. (In Russian)

Gaidenko P. I. (2023) “On the question of aesthetics of the Church court of pre-Mongol Russia (statement of the problem)”, in Trudy kafedry bogosloviia Sankt-Peterburgskoi dukhovnoi akademii, no. 1 (17), pp. 220–230. (In Russian)

Ilyina Yu. A. (2019) “Axiology of law as a social phenomenon”, in Vestnik Viatskogo gosudarstvennogo universiteta, no. 3 (133), pp. 30–35. (In Russian)

Kagan M. S. (1996) Philosophy of culture. St. Petersburg, Petropolis Publ. (In Russian)

Kagan M. S. (1997) Philosophical theory of value. St. Petersburg, Petropolis Publ. (In Russian)

Karnaushenko L. V. (2019) “Modern axiology of law as a theoretical problem”, in Filosofiia prava, no. 3 (90), pp. 33–37. (In Russian)

Kostromin K., archpriest, Voluzhkov D. V. (2019) “On the question of the relation of the anti-Latin polemic to the Church law of Ancient Russia (11th–12th centuries)”, in Paleorosiia. Drevniaia Rus’: vo vremeni, v lichnostiach, v ideiach. Nauchnyi zhurnal, no. 1 (11), pp. 44–56. (In Russian)

Kreber A. L., Klakhon K. (2000) “Culture: A critical review of concepts and definitions”, in Kul’turologiia: daidzhest, no. 1, pp. 105–183. (In Russian)

Lapina T. S. (2008) “Axiology of culture”, in Vestnik kul’turologii, no. 1, pp. 34–44. (In Russian)

Linton R. (2009) “The concept of culture”, in Voprosy sotsial’noi teorii, vol. 3, no. 1 (3), pp. 79–94. (In Russian)

Lotman Iu. M. (1992) Featured articles. In 3 vols, vol. 1. Tallinn, Aleksandra Publ. (In Russian)

Mezey N. (2001) “Law as culture”, in The Yale Journal of Law & the Humanities, vol. 13, pp. 35–67.

Ospennikov Yu. V. (2018) “On approaches to the interpretation of fictions in secular and ecclesiastical law (On the article by Hieromonk Mark (Svyatogorov) and N. A. Tarnakin ‘Legal fictions and presumptions in Church legal proceedings’)”, in Khristianskoe chtenie, no. 2, pp. 92–96. (In Russian)

Pavlov A. S. (2002) The course of church law. St. Petersburg, Lan’ Publ. (In Russian)

Pevtsov V. G. (1914) Lectures on church law. St. Petersburg, Tipo-litografiia Sankt-Peterburgskoi odinochnoi tiur’my Publ. (In Russian)

Suvorov N. S. (1889) Church law textbook. Yaroslavl, Tipo-litografiia G. Fal’k Publ. (In Russian)

Suvorov N. S. (1908) Church law textbook. Moscow, Pechatnia A. I. Snegirevoi Publ. (In Russian)

Teplykh M. S. (2017) “Religious values in the system of Russian culture”, in Mir nauki. Sotsiologiia, filologiia, kul’turologiia, vol. 8, no. 4, pp. 1–6. (In Russian)

Tsypin V. (2004) Church law course. Klin, Khristianskaia zhizn’ Publ. (In Russian)

Vazhinsky N. P. (2010) “To the question of the definition of the term ‘culture’”, in Analitika kul’turologii, no. 16, pp. 13–21. (In Russian)

Vishnevsky A. A. (2020) Canonl law: Ways of service: Comparative legal essays. Мoscow, Institut sviatogo Fomy Publ. (In Russian)

Vyzhletsov G. P. (1996) Axiology of culture. St. Petersburg, St. Petersburg University Press. (In Russian)

Yurikova A. V. (2019) Cultural heritage of the Russian Orthodox Church: Practices of interaction between church and art institutions. PhD Thesis in Culturology. Chelyabinsk, Chelyabinskii gosudarstvennyi institut kul’tury. (In Russian)

Zadornov A. A. (2017) “Interpretatio as an actual problem of canon law”, in Sretenskii sbornik. Nauchnye trudy prepodavatelei Sretenskoi dukhovnoi seminarii, no. 7–8, pp. 151–177. (In Russian)

Zaozersky N. A. (1909) “On the essence of ecclesiastical law (against the views of Prof. Rudolf Szom)”, in Bogoslovskii vestnik, vol. 3, no. 10, pp. 312–338. (In Russian)

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Published

2024-04-24

Issue

Vol. 6 No. 1 (2024)

Section

Research

License

Articles of "Issues of Theology" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.

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