Law, Sex, and Christian Society in Medieval Europe
9780226077840
9780226077895
Law, Sex, and Christian Society in Medieval Europe
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
"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
698 pages | 20 halftones | 5.80 x 9.00 | © 1987
History: European History
Law and Legal Studies: Legal History
Table of Contents
List of Illustrations
Abbreviations
Preface
Acknowledgements
Introduction
1. Law and Sex in the Ancient World
The Ancient Near East
Sexual Behavior in Ancient Greece
Sexual Behavior in Ancient Rome
Conclusions
2. Sex and the Law in Judaism and Early Christianity
Marriage and the Family in Ancient judaism
Law and Sex in Ancient Christianity
Conclusions
3. Sex and the Law in the Christian Empire, From Constantine to Justinian
Christianization of the Roman Empire and Romanization of the Christian Church
Christian Theories of Sexuality
Marriage in the Christian Empire
Sexual Offenses
Sexuality and the Law under Justinian
Conclusions
4. Law and Sex in Early Medieval Europe, Sixth to Eleventh Centuries
The Germanic Invasions and Germanic Law
Law and Sexual Behavior in the Germanic Kingdoms
Sexual Behavior and the Christian Church in the Germanic Kingdoms
Sexual Activities of the Clergy
Sexual Behavior and Moral Prescriptions in the Penitentials
Sexual Behavior and Early Medieval Canonical Collections
Conclusions: The Church and the Regulation of Sexual Behavior in the Early Middle Ages
5. The Era of Church Reform, Intellectual Revival, and Urbanization, 1076-1140
The Social and Intellectual Context of Church Reform
The Roman Law Revival
The Church reform Movement, Canon Law, and Sexual Behavior
Sex and Marriage in the Canonists, 1087-1140
Divorce and Remarriage in the Canonical Collections of the Reform
Nonmarital Sex and the Reform Canonists
Marriage, Sex, and the Clergy in the Church Reform Period
The Enforcement of the Church’s Sexual Regulations: Jurisdiction and Procedure
Conclusions
6. Sex and Marriage in the Decretum of Gratian
Gratian and the Systematic Study of Canon Law
Marital Sex in Gratian
Divorce and Remarriage in the Decretum of Gratian
Gratian on Concubinage
Nonmarital Sex in Gratian
Sex and the Clergy in Gratian’s Decretum
Procedure and Evidence in Sex Cases
Conclusions
7. Sexual Behavior and the Early Decretists, from Paucapalea to Huguccio, 1140-1190
The Decretists and the Teaching of Law
The Early Decretists Theory of Sex and Marriage
The Decretists and Marital Sex
Divorce and Remarriage in the Decretists
Concubinage in Decretist Doctrine
Nonmarital Sex and the Decretists
The Early Decretists and Clerical Sexuality
Jurisdiction, Procedures, and Evidence in Sex Cases
Conclusions
8. Marriage and Sex in Canon Law, from Alexander III to the Liber Extra
Decretals, Decretalists, and the Decretal Collection
Marriage Theory in Early Decretal Collections
Concubinage and Nonmarital Sex
Clerical Marriage and Concubinage
Second Marriages
Legitimacy and Marital Property
Jurisdiction, Evidence, and Procedures
Sex Law and Marriage in the Decretals
Legal Scholarship in the Late Twentieth and Early Thirteenth Centuries
Clerical Celibacy and Clerical Sexuality
Multiple Marriages
Legitimacy and Property Issues
Jurisdiction, Procedures, Evidence
Conclusions
9. Sex, Marriage, and the Legal Commentators, 1234-1348
Sources and Literature of the Law from the Liber Extra to the Black death
Social and Political Context
Sex, Society, and Social Thought
Property Consequences of Sexual Relationships
Evidence, Procedure, and Jurisdiction, in Sex and Marriage Cases
Summary and Conclusions
10. Sex, Marriage, and the Law from the Black Death to the Reformation, 1348-1517
The Social Context
Sex and Society in the Fourteenth and Fifteenth Centuries
Marriage Theory and Practice
Sexual Offenses in the Fourteenth and Fifteenth Centuries
Sex and the Clergy
Multiple Marriages
Property Consequences of a Sexual Relationships
Legitimation of Children
Jurisdiction, Procedures, and Evidence in Sex Cases
Conclusion
Abbreviations
Preface
Acknowledgements
Introduction
1. Law and Sex in the Ancient World
The Ancient Near East
Sexual Behavior in Ancient Greece
Sexual Behavior in Ancient Rome
Conclusions
2. Sex and the Law in Judaism and Early Christianity
Marriage and the Family in Ancient judaism
Law and Sex in Ancient Christianity
Conclusions
3. Sex and the Law in the Christian Empire, From Constantine to Justinian
Christianization of the Roman Empire and Romanization of the Christian Church
Christian Theories of Sexuality
Marriage in the Christian Empire
Sexual Offenses
Sexuality and the Law under Justinian
Conclusions
4. Law and Sex in Early Medieval Europe, Sixth to Eleventh Centuries
The Germanic Invasions and Germanic Law
Law and Sexual Behavior in the Germanic Kingdoms
Sexual Behavior and the Christian Church in the Germanic Kingdoms
Sexual Activities of the Clergy
Sexual Behavior and Moral Prescriptions in the Penitentials
Sexual Behavior and Early Medieval Canonical Collections
Conclusions: The Church and the Regulation of Sexual Behavior in the Early Middle Ages
5. The Era of Church Reform, Intellectual Revival, and Urbanization, 1076-1140
The Social and Intellectual Context of Church Reform
The Roman Law Revival
The Church reform Movement, Canon Law, and Sexual Behavior
Sex and Marriage in the Canonists, 1087-1140
Divorce and Remarriage in the Canonical Collections of the Reform
Nonmarital Sex and the Reform Canonists
Marriage, Sex, and the Clergy in the Church Reform Period
The Enforcement of the Church’s Sexual Regulations: Jurisdiction and Procedure
Conclusions
6. Sex and Marriage in the Decretum of Gratian
Gratian and the Systematic Study of Canon Law
Marital Sex in Gratian
Divorce and Remarriage in the Decretum of Gratian
Gratian on Concubinage
Nonmarital Sex in Gratian
Sex and the Clergy in Gratian’s Decretum
Procedure and Evidence in Sex Cases
Conclusions
7. Sexual Behavior and the Early Decretists, from Paucapalea to Huguccio, 1140-1190
The Decretists and the Teaching of Law
The Early Decretists Theory of Sex and Marriage
The Decretists and Marital Sex
Divorce and Remarriage in the Decretists
Concubinage in Decretist Doctrine
Nonmarital Sex and the Decretists
The Early Decretists and Clerical Sexuality
Jurisdiction, Procedures, and Evidence in Sex Cases
Conclusions
8. Marriage and Sex in Canon Law, from Alexander III to the Liber Extra
Decretals, Decretalists, and the Decretal Collection
Marriage Theory in Early Decretal Collections
Concubinage and Nonmarital Sex
Clerical Marriage and Concubinage
Second Marriages
Legitimacy and Marital Property
Jurisdiction, Evidence, and Procedures
Sex Law and Marriage in the Decretals
Legal Scholarship in the Late Twentieth and Early Thirteenth Centuries
Clerical Celibacy and Clerical Sexuality
Multiple Marriages
Legitimacy and Property Issues
Jurisdiction, Procedures, Evidence
Conclusions
9. Sex, Marriage, and the Legal Commentators, 1234-1348
Sources and Literature of the Law from the Liber Extra to the Black death
Social and Political Context
Sex, Society, and Social Thought
Property Consequences of Sexual Relationships
Evidence, Procedure, and Jurisdiction, in Sex and Marriage Cases
Summary and Conclusions
10. Sex, Marriage, and the Law from the Black Death to the Reformation, 1348-1517
The Social Context
Sex and Society in the Fourteenth and Fifteenth Centuries
Marriage Theory and Practice
Sexual Offenses in the Fourteenth and Fifteenth Centuries
Sex and the Clergy
Multiple Marriages
Property Consequences of a Sexual Relationships
Legitimation of Children
Jurisdiction, Procedures, and Evidence in Sex Cases
Conclusion
11. Sex in the Age of Reformation: From the Ninety-Five Theses to Tametsi, 1517-1563
The Reformers and Sexual Issues
Catholic Reform and Counter-Reform
Conclusions
12. Medieval Sex Law and Modern Society: Recapitulation, Reflections, and Conclusions
Recapitulation
Reflections: Medieval Christianity and Modern Sexual Norms
Conclusions
Appendix 1: Tables
Appendix 2: Marriage Law and the Economic Interests of the Medieval Church
Appendix 3: Survivals of Medieval Sex Law in the United States and the Western World
List of Manuscripts Cited
Select Secondary References
Index