Social ordering and the doctrine of free choice. The case of abjuration sub pena nubendi
(2008) Law and Power in the Middle Ages. Carlsberg Academy on Medieval Legal History IV p.43-51- Abstract
- One of the most important aspects of the marriage legislation in medieval canon law is the doctrine of free choice. According to this doctrine, established by pope Alexander III in the second half of the twelfth century, the validity of a marriage depended solely on the freely given consent of the parties. No one could legally force a couple to marry if they did not freely consent to do so.
In parallel, any kind of sexual relations outside of marriage was prohibited by Canon Law. The most common penalty for illicit sexual relations was fines. In the case of stable relationships it was also quite common that the couple was forced to abjure one another under a sum of money. An unmarried couple could, however, also be requested to... (More) - One of the most important aspects of the marriage legislation in medieval canon law is the doctrine of free choice. According to this doctrine, established by pope Alexander III in the second half of the twelfth century, the validity of a marriage depended solely on the freely given consent of the parties. No one could legally force a couple to marry if they did not freely consent to do so.
In parallel, any kind of sexual relations outside of marriage was prohibited by Canon Law. The most common penalty for illicit sexual relations was fines. In the case of stable relationships it was also quite common that the couple was forced to abjure one another under a sum of money. An unmarried couple could, however, also be requested to abjure one another sub pena nubendi. Abjuration sub pena nubendi meant that any future intercourse, or even its suspicion, would automatically leave a couple legally married.
Abjuration sub pena nubendi developed as a means to stop illicit sexual relationships by transforming them into legal marriages. This practise was however contrary to one of the most fundamental principles of the marriage legislation in medieval Canon Law: the doctrine of free choice.
In this paper I study the conflict between the idea of marriage as solely depending on free consent and the marriage coercion imposed by abjuration sub pena nubendi. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/607437
- author
- Christensen-Nugues, Charlotte LU
- organization
- publishing date
- 2008
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Abjuration sub pena nubendi, Canon Law, Marriage
- host publication
- Law and Power in the Middle Ages. Proceedings of the fourth Carlsberg Academy on Medieval Legal History 2007
- editor
- Andersen, Per ; Münster-Swendsen, Mia and Vogt, Helle
- pages
- 271 pages
- publisher
- DJØF Forlag
- conference name
- Law and Power in the Middle Ages. Carlsberg Academy on Medieval Legal History IV
- conference location
- Denmark
- conference dates
- 2007-05-24
- ISBN
- 978-87-574-1884-2
- language
- English
- LU publication?
- yes
- id
- 53e27063-a655-4081-8552-c7e95bd48509 (old id 607437)
- date added to LUP
- 2016-04-04 11:27:01
- date last changed
- 2020-05-29 12:18:54
@inproceedings{53e27063-a655-4081-8552-c7e95bd48509,
abstract = {{One of the most important aspects of the marriage legislation in medieval canon law is the doctrine of free choice. According to this doctrine, established by pope Alexander III in the second half of the twelfth century, the validity of a marriage depended solely on the freely given consent of the parties. No one could legally force a couple to marry if they did not freely consent to do so.<br/><br>
In parallel, any kind of sexual relations outside of marriage was prohibited by Canon Law. The most common penalty for illicit sexual relations was fines. In the case of stable relationships it was also quite common that the couple was forced to abjure one another under a sum of money. An unmarried couple could, however, also be requested to abjure one another sub pena nubendi. Abjuration sub pena nubendi meant that any future intercourse, or even its suspicion, would automatically leave a couple legally married.<br/><br>
Abjuration sub pena nubendi developed as a means to stop illicit sexual relationships by transforming them into legal marriages. This practise was however contrary to one of the most fundamental principles of the marriage legislation in medieval Canon Law: the doctrine of free choice. <br/><br>
In this paper I study the conflict between the idea of marriage as solely depending on free consent and the marriage coercion imposed by abjuration sub pena nubendi.}},
author = {{Christensen-Nugues, Charlotte}},
booktitle = {{Law and Power in the Middle Ages. Proceedings of the fourth Carlsberg Academy on Medieval Legal History 2007}},
editor = {{Andersen, Per and Münster-Swendsen, Mia and Vogt, Helle}},
isbn = {{978-87-574-1884-2}},
keywords = {{Abjuration sub pena nubendi; Canon Law; Marriage}},
language = {{eng}},
pages = {{43--51}},
publisher = {{DJØF Forlag}},
title = {{Social ordering and the doctrine of free choice. The case of abjuration sub pena nubendi}},
url = {{https://lup.lub.lu.se/search/files/5776394/626125.doc}},
year = {{2008}},
}