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Law, Sex, and Christian Society in Medieval Europe

by James A. Brundage

  • ISBN: 9780226077840
  • ISBN10: 0226077845

Law, Sex, and Christian Society in Medieval Europe

by James A. Brundage

  • Binding: Paperback
  • Publisher: Univ of Chicago Pr
  • Publish date: 04/01/1990
  • ISBN: 9780226077840
  • ISBN10: 0226077845
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Description: 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 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
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