Consent And Coercion To Sex And Marriage In Ancient And Medieval Societies

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.

Centered on legal discourses of Islam's first six centuries, this book analyzes juristic writings on the topic of rape.

Married Life in the Middle Ages, 900-1300 contains an analysis of the experience of married life by men and women in Christian medieval Europe, c. 900-1300. The study focusses on the social and emotional life of the married couple rather than on the institutional history of marriage, breaking it into three parts: Getting Married - the process of getting married and wedding celebrations; Married Life - the married life of lay couples and clergy, their sexuality, and any remarriage; and Alternative Living - which explores concubinage and polygyny, as well as the single life in contrast to monogamous sexual unions. In this volume, van Houts deals with four central themes. First, the tension between patriarchal family strategies and the individual family member's freedom of choice to marry and, if so, to what partner; second, the role played by the married priesthood in their quest to have individual agency and self-determination accepted in their own lives in the face of the growing imposition of clerical celibacy; third, the role played by women in helping society accept some degree of gender equality and self-determination to marry and in shaping the norms for married life incorporating these principles; fourth, the role played by emotion in the establishment of marriage and in married life at a time when sexual and spiritual love feature prominently in medieval literature.

Marriage Rituals Italian Style: A Historical Anthropological Perspective on Early Modern Italian Jews is the first comprehensive attempt to present the wealth of primary documents relating to marriage rituals in Jewish Italian communities - responsa, private letters, court protocols, defamating books, love stories, material objects - and place them in historical context. The book traces the chronological course of different phases of marriage (matchmaking, betrothal, the wedding day), and also adopts a thematic perspective. Marriage rituals mirror key issues in local Jewish culture: family life, gender, the youth sub-culture, sexuality, the uses of property, and the honor ethos. Jewish marriage rituals in Italy are revealed as surprisingly similar to those of their Catholic neighbors, and undergo similar change process.

In Late Antiquity the emergence of Christian asceticism challenged the traditional Greco-Roman views and practices of family life. The resulting discussions on the right way to live a good Christian life provide us with a variety of information on both ideological statements and living experiences of late Roman childhood. This is the first book to scrutinise the interplay between family, children and asceticism in the rise of Christianity. Drawing on texts of Christian authors of the late fourth and early fifth centuries the volume approaches the study of family dynamics and childhood from both ideological and social historical perspectives. It examines the place of children in the family in Christian ideology and explores how families in the late Roman world adapted these ideals in practice. Offering fresh viewpoints to current scholarship Ville Vuolanto demonstrates that there were many continuities in Roman ways of thinking about children and, despite the rise of Christianity, the old traditions remained deeply embedded in the culture. Moreover, the discussions about family and children are shown to have been intimately linked to worries about the continuity of family lineage and of the self, and to the changing understanding of what constituted a meaningful life.

Consent is used in many different social and legal contexts with the pervasive understanding that it is, and has always been, about autonomy – but has it? Beginning with an overview of consent’s role in law today, this book investigates the doctrine’s inseparable association with personal autonomy and its effect in producing both idealised and demonised forms of personhood and agency. This prompts a search for alternative understandings of consent. Through an exploration of sexual offences in Antiquity, medical practice in the Middle Ages, and the regulation of bodily harm on the present-day sports field, this book demonstrates that, in contrast to its common sense story of autonomy, consent more often operates as an act of submission than as a form of personal freedom or agency. The book explores the implications of this counter-narrative for the law’s contemporary uses of consent, arguing that the kind of freedom consent is meant to enact might be foreclosed by the very frame in which we think about autonomy itself. This book will be of interest to scholars of many aspects of law, history, and feminism as well as students of criminal law, bioethics, and political theory.

The Occitan literary tradition of the later Middle Ages is a marginal and hybrid phenomenon, caught between the preeminence of French courtly romance and the emergence of Catalan literary prose. In this book, Catherine Léglu brings together, for the first time in English, prose and verse texts that are composed in Occitan, French, and Catalan-sometimes in a mixture of two of these languages. This book challenges the centrality of "canonical" texts and draws attention to the marginal, the complex, and the hybrid. It explores the varied ways in which literary works in the vernacular composed between the twelfth and fifteenth centuries narrate multilingualism and its apparent opponent, the mother tongue. Léglu argues that the mother tongue remains a fantasy, condemned to alienation from linguistic practices that were, by definition, multilingual. As most of the texts studied in this book are works of courtly literature, these linguistic encounters are often narrated indirectly, through literary motifs of love, rape, incest, disguise, and travel.

An indispensable guide to how marriage acquired the status of a sacrament. This book analyzes in detail how medieval theologians explained the place of matrimony in the church and her law, and how the bitter debates of the sixteenth century elevated the doctrine to a dogma of the Catholic faith.