Law, Sex, and Christian Society in Medieval Europe

Law, Sex, and Christian Society in Medieval Europe
Author: James A. Brundage
Publisher: University of Chicago Press
Total Pages: 714
Release: 2009-02-15
Genre: Law
ISBN: 0226077896

This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

Marriage, Family, and Law in Medieval Europe

Marriage, Family, and Law in Medieval Europe
Author: Michael M. Sheehan
Publisher: University of Toronto Press
Total Pages: 372
Release: 1997-01-01
Genre: History
ISBN: 9780802081377

A collection of essays by Michael Sheehan, whose work and interpretation on medieval property, marriage, family, sexuality, and law has insprired scholars for 40 years.

Medieval Canon Law

Medieval Canon Law
Author: James A Brundage
Publisher: Routledge
Total Pages: 273
Release: 2014-06-11
Genre: History
ISBN: 1317895347

It is impossible to understand how the medieval church functioned -- and in turn influenced and controlled the lay world within its care -- without understanding the development, character and impact of `canon law', its own distinctive law code. However important, this can seem a daunting subject to non-specialists. They have long needed an attractive but authoritative introduction, avoiding arid technicalities and setting the subject in its widest context. James Brundage's marvellously fluent and accessible book is the perfect answer: it will be warmly welcomed by medievalists and students of ecclesiastical and legal history.

Law as Profession and Practice in Medieval Europe

Law as Profession and Practice in Medieval Europe
Author: Kenneth Pennington
Publisher: Ashgate Publishing, Ltd.
Total Pages: 436
Release: 2011
Genre: Law
ISBN: 1409425754

This volume brings together a set of papers by international scholars, distinguished in their own right, in honor of James Brundage. Each contribution corresponds to an important focus of Brundage's own work. The connection between the development of medieval legal thought and constitutional ideas is the theme that marks the first section, while the second centres on the growth of the legal profession. The following papers explore the intersection of law and marriage and finally the influence of legal thinking on the crusading movement.

The Medieval Origins of the Legal Profession

The Medieval Origins of the Legal Profession
Author: James A. Brundage
Publisher: ReadHowYouWant.com
Total Pages: 650
Release: 2010-10
Genre: History
ISBN: 1459605802

In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
Total Pages: 1294
Release: 2014-11-27
Genre: Law
ISBN: 0191654604

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Sexuality in Medieval Europe

Sexuality in Medieval Europe
Author: Ruth Mazo Karras
Publisher: Taylor & Francis
Total Pages: 265
Release: 2023-04-03
Genre: History
ISBN: 1000859274

Now in its fourth edition, Sexuality in Medieval Europe provides a lively account of a society whose attitudes toward sexuality both were ancestral to, and differed from, contemporary ones. The volume is structured not by types of sexual interactions or deviance, but to reflect the difference in gendered experiences when sex is seen as an act one person does to another. Sexual activity, within and outside of marriage, as well as sexual inactivity, had different meanings based on gender, social status, religious affiliation, and more. This book considers these iterations of medieval sexuality in its effort to show there was no single medieval attitude towards sexuality. With an emphasis on Christian Western Europe over the entire course of the Middle Ages, it also includes comparative material on neighboring cultures at the time. Alongside being reworked for further clarity and readability, the fourth edition offers substantial new material on trans scholarship and methodological attempts to recoup a trans past; changes in the treatment of sex work and its terminology; and new material on Byzantine and Muslim culture. Sexuality in Medieval Europe is an essential resource for all those who study medieval history, medieval culture, and the history of sexuality in Europe.

Consent and Coercion to Sex and Marriage in Ancient and Medieval Societies

Consent and Coercion to Sex and Marriage in Ancient and Medieval Societies
Author: Angeliki E. Laiou
Publisher: Dumbarton Oaks
Total Pages: 316
Release: 1998
Genre: History
ISBN: 9780884022626

This collection of essays addresses a number of questions regarding the role of consent in marriage and in sexual relations outside of marriage in ancient and medieval societies. Ranging from ancient Greece and Rome to the Byzantine Empire and Western Medieval Europe, the contributors examine rape, seduction, and the role of consent in establishing the punishment of one or both parties; the issue of marital debt and spousal rape; and the central question of what is perceived as coercion and what may be the validity or value of coerced consent. Other concepts, such as honor and shame, are also investigated. Because of the wide range--in time and place--of societies studied, the reader is able to see many different approaches to the question of consent and coercion as well as a certain evolution, in which Christianity plays an important role.

Sex and Society in the World of the Orthodox Slavs 900–1700

Sex and Society in the World of the Orthodox Slavs 900–1700
Author: Eve Levin
Publisher: Cornell University Press
Total Pages: 344
Release: 2018-09-05
Genre: History
ISBN: 1501727621

In this pioneering book, Eve Levin explores sexual behavior among the peoples of Serbia, Bulgaria, and Russia from their conversion to Christianity in the ninth and tenth centuries until the end of the seventeenth century. By ranging across all these societies, Levin is able to fulfill three basic aims: to delineate the general character of sexuality among the Orthodox Slavs, to enrich that account by drawing our attention to regional variations in the sexual mores of these peoples, and to draw suggestive comparisons between the world of the medieval Orthodox Slavs and their contemporaries in the Latin West. Levin begins with a study of the ecclesiastical image of sexuality as expressed in didactic and literary texts, showing that the Orthodox Church was deeply suspicious of sexuality. Her second chapter, on canon law and marfiage, examines the conditions for marriage, divorce, and remarriage, the obligation of the conjugal relationship, and the impact of these rules on social order. Levin looks at church regulations concerning sexual relations among relatives by blood, marriage, spiritual kinship, and adoption in Chapter Three, and she devotes Chapter Four to prohibited sexual practices, both inside and outside of marriage. In the fifth chapter she studies Russian and South Slavic responses to rape, and demonstrates that these societies simultaneously censured violence against women and sanctioned the attitudes and social structures that justified it. Chapter Six deals with the rules on sexual conduct for the clergy, whose job it was to enforce sexual precepts. Throughout her work, Levin argues that, despite its conviction that sexual expression was diabolical, the medieval Orthodox Church approached sexual matters in a surprisingly practical way; its official sexual ethic corresponded to a great degree with popular views. Historians of the Slavic world, both medieval and modern, will welcome this accessible study. It should also attract comparativists who work in such fields as church history, the history of women and the family, and the history of sexuality.

Carnal Knowledge

Carnal Knowledge
Author: Martin Ingram
Publisher: Cambridge University Press
Total Pages: 483
Release: 2017-03-23
Genre: History
ISBN: 1107179874

How was the law used to control sex in Tudor England? What were the differences between secular and religious practice? This major study, based on a wide range of church and secular court archives, explores sexual regulation in London and provincial England before, during and immediately after the Reformation.