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The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both pa...
The Middle Ages are often viewed as a repository of tradition, yet what we think of as traditional marriage was far from the only available alternative to the single state in medieval Europe. Many people lived together in long-term, quasimarital heterosexual relationships, unable to marry if one was in holy orders or if the partners were of different religions. Social norms militated against the marriage of master to slave or between individuals of very different classes, or when the couple was so poor that they could not establish an independent household. Such unions, where the protections that medieval law furnished to wives (and their children) were absent, were fraught with danger for w...
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.
This wide-ranging collection of essays reflects the manifold scholarly interests of legal historian Charles Donahue, whose former students engage here with questions related to foundational Roman law concepts, the impact of the law on women and families in medieval and early modern Europe, the intersection of law and religion, and the echoes of legal ideas on later developments in American law and in world literature and philosophy. From the monks of Metz to the book sellers of colonial Boston, from fourteenth-century English charters to the writings of Faust, these essays invite you to experience law at once learned and lived. Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas E. Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr.
An analysis of the lived experience of Christian married life in Christian medieval Europe, this study examines the process of getting married and wedding celebrations; the married life of lay couples and clergy, their sexuality, and any remarriage; and alternative living, including concubinage, polygyny, and the single life.
Examines how late medieval church courts were used for marriage cases, and how this varied dramatically across Europe.
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more deta...
In the thriving urban economies of late thirteenth-century Catalonia, Jewish and Christian women labored to support their families and their communities. The Fruit of Her Hands examines how gender, socioeconomic status, and religious identity shaped how these women lived and worked. Sarah Ifft Decker draws on thousands of notarial contracts as well as legal codes, urban ordinances, and Hebrew responsa literature to explore the lived experiences of Jewish and Christian women in the cities of Barcelona, Girona, and Vic between 1250 and 1350. Relying on an expanded definition of women’s work that includes the management of household resources as well as wage labor and artisanal production, th...
This collection of studies investigates how people of the 10th to early 12th century experienced and represented processes of intentional change in the Church, and what the consequences are of modern scholars’ reliance on ‘reform’ to describe and interpret these processes. In 11 thematic chapters it takes stock of the current state of research and offers suggestions to deepen our understanding of the ideological, institutional, and cultural dynamics at play. Contributors are Julia Barrow, Robert F. Berkhofer III, Gordon Blennemann, Katy Cubitt, Nicolangelo D'Acunto, Anne-Marie Helvétius, Ludger Körntgen, Rutger Kramer, Brigitte Meijns, Diane Reilly, Rachel Stone, and Steven Vanderputten.
Based on legal case studies, this book focuses on how gender discourse shaped the lives of prostitutes in medieval Germany.