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From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the church and medieval marriage, and what this reveals about both institutions.
This volume presents a new picture of marriage in medieval Poland. Based on the analysis of historical documents from the ecclesiastical courts of one of the oldest dioceses in Poland, this book sheds light on the presence and prevalence of a wide range of marital problems in the Diocese of Poznań in the first quarter of the fifteenth century. Through the material presented, the voices of one of the most underrepresented groups in the history of society – namely women from the lower social strata – are amplified.
Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.
We live in a world riven through with standards. To understand more of their deep, rich past is to understand ourselves better. The two volumes, Standardization in the Middle Ages. Volume 1: The North and Standardization in the Middle Ages. Volume 2: Europe, turn to the Middle Ages to give a deeper understanding of the medieval ideas and practices that produced--and were produced by--standards and standardization. At first glance, the Middle Ages might appear an unlikely place to look for standardization. The editors argue that, on the contrary, generating predictability is a precondition for meaningful cultural interaction in any historical period and that we may look to the Middle Ages to learn more about the historical, social, and cognitive processes of standardization. This multidisciplinary venture, which includes medievalists from the fields of history, intellectual history, art history, philology, numismatics, and more, as well as scholars of cognitive science, informatics, and anthropology, interrogates how medieval people and groups envisioned and enforced predictability, uniformity, and order, and how they attempted to obtain and maintain standards across vast distances and heterogeneous social and cultural structures.
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.
A cultural history of speech in medieval Italy The Unruly Tongue, a cultural history of speech in medieval Italy, offers a new account of how the power of words changed in Western thought. Despite the association of freedom of speech with the political revolutions of the eighteenth century that ushered in the era of modern democracies, historian Melissa Vise locates the history of the repression of speech not in Europe’s monarchies but rather in Italy’s republics. Exploring the cultural process through which science and medicine, politics, law, literature, and theology together informed a new political ethics of speech, Vise uncovers the formation of a moral code where the regulation of the tongue became an integral component of republican values in medieval Europe. The medieval citizens of Italy’s republics understood themselves to be wholly subject to the power of words not because they lived in an age of persecution or doctrinal rigidity, but because words had furnished the grounds for their political freedom. Speech-making was the means for speaking the republic itself into existence against the opposition of aristocracy, empire, and papacy. But because words had power, they could also be deployed as weapons. Speech contained the potential for violence and presented a threat to political and social order, and thus needed to be controlled. Vise shows how the laws that governed and curtailed speech in medieval Italy represented broader cultural understandings of human susceptibility to speech. Tracing anthropologies of speech from religious to political discourse, from civic courts to ecclesiastical courts, from medical texts to the works of Dante and Boccaccio, The Unruly Tongue demonstrates that the thirteenth century marked a major shift in how people perceived the power, and the threat, of speech: a change in thinking about “what words do.”
A novel economic interpretation of how religions have become so powerful in the modern world Religion in the twenty-first century is alive and well across the world, despite its apparent decline in North America and parts of Europe. Vigorous competition between and within religious movements has led to their accumulating great power and wealth. Religions in many traditions have honed their competitive strategies over thousands of years. Today, they are big business; like businesses, they must recruit, raise funds, disburse budgets, manage facilities, organize transportation, motivate employees, and get their message out. In The Divine Economy, economist Paul Seabright argues that religious movements are a special kind of business: they are platforms, bringing together communities of members who seek many different things from one another—spiritual fulfilment, friendship and marriage networks, even business opportunities. Their function as platforms, he contends, is what has allowed religions to consolidate and wield power. This power can be used for good, especially when religious movements provide their members with insurance against the shocks of modern life, and a sense of worth in their communities. It can also be used for harm: political leaders often instrumentalize religious movements for authoritarian ends, and religious leaders can exploit the trust of members to inflict sexual, emotional, financial or physical abuse, or to provoke violence against outsiders. Writing in a nonpartisan spirit, Seabright uses insights from economics to show how religion and secular society can work together in a world where some people feel no need for religion, but many continue to respond with enthusiasm to its call.
Examines how late medieval church courts were used for marriage cases, and how this varied dramatically across Europe.
Underlying the discussion are basic questions about the format of medieval religious experience, ranging from the nature of authority to the relationship between priests and laity, and how far it is actually possible to talk of a monolithic catholicism.
This book explores the individuals and ideas involved in one of the most transformative periods in higher education's history.