The Notion of Concubinage and Civil Marriage in Byzantium: Historical Precedents and Contemporary Implications in Orthodox Christianity
The Notion of Concubinage and Civil Marriage in Byzantium: Historical Precedents and Contemporary Implications in Orthodox Christianity

Author(s): Ioannis Kaminis
Subject(s): Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Byzantium; Orthodox Christianity; concubinage; Canon law; civil marriage; Byzantine law; civil unions
Summary/Abstract: This paper examines the evolution of marriage and concubinage within the context of Byzantine law and Orthodox Christianity, highlighting the dynamic interplay between civil and ecclesiastical regulations. Beginning with early Christian practices, which integrated marriage with the Eucharistic gathering, the study traces the gradual transformation of marriage into a distinct ecclesiastical sacrament. It investigates the Church's nuanced response to concubinage, civil marriages, and other forms of cohabitation, demonstrating how principles of oikonomia (pastoral discretion) shaped its approach. Special attention is given to legislative changes, such as Emperor Leo VI's Novella 89, which formalized Church involvement in marriage, thereby blurring the lines between sacred and secular authority. The paper also contextualizes these historical developments within contemporary debates over civil unions and the Orthodox Church's stance on modern cohabitation practices. Ultimately, this study underscores the Church's historical adaptability while questioning modern interpretations that rigidly equate civil marriages with fornication.

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