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Parental Authority and Freedom of Choice: The Debate on Clandestinity and Parental Consent at the Council of Trent

Christensen-Nugues, Charlotte LU (2014) In Sixteenth Century Journal 45(1). p.51-72
Abstract
After a long debate the Council of Trent decided, in 1563, against the validity of marriages contracted informally, without a public ceremony. Marriages without parental consent, however, remained valid. These decisions are frequently described as a pragmatic compromise, where one controversial reform was rejected in favor of another, equally controversial. Yet there was, as this article will show, a significant difference in how the delegates addressed the questions of publicity and parental consent. While the discussion of the former mostly concerned how (not if) a reform could be carried out, the discussion of the latter concerned the very principle of mandatory parental consent. The ensuing debate reflects the clash between two... (More)
After a long debate the Council of Trent decided, in 1563, against the validity of marriages contracted informally, without a public ceremony. Marriages without parental consent, however, remained valid. These decisions are frequently described as a pragmatic compromise, where one controversial reform was rejected in favor of another, equally controversial. Yet there was, as this article will show, a significant difference in how the delegates addressed the questions of publicity and parental consent. While the discussion of the former mostly concerned how (not if) a reform could be carried out, the discussion of the latter concerned the very principle of mandatory parental consent. The ensuing debate reflects the clash between two opposing views of marriage in sixteenth-century Europe: on the one hand, the couple-oriented, consensualist conception of classical canon law; and on the other, the family-oriented conception of both Protestant and Catholic reformers with its emphasis on order, stability, and parental authority. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Marriage, Parental consent, Council of Trent, Early Modern
in
Sixteenth Century Journal
volume
45
issue
1
pages
51 - 72
publisher
Kirksville, Mo.: The Sixteenth Century Journal
external identifiers
  • wos:000336511300003
  • scopus:84902123745
ISSN
0361-0160
project
Hot och tvång som äktenskapshinder. Attityder, normer och lagstiftning under medeltid, reformation och motreformation
language
English
LU publication?
yes
id
2577dbee-55e4-416e-bb00-e10117cd812a (old id 2970974)
date added to LUP
2012-09-11 14:01:52
date last changed
2017-01-01 05:46:46
@article{2577dbee-55e4-416e-bb00-e10117cd812a,
  abstract     = {After a long debate the Council of Trent decided, in 1563, against the validity of marriages contracted informally, without a public ceremony. Marriages without parental consent, however, remained valid. These decisions are frequently described as a pragmatic compromise, where one controversial reform was rejected in favor of another, equally controversial. Yet there was, as this article will show, a significant difference in how the delegates addressed the questions of publicity and parental consent. While the discussion of the former mostly concerned how (not if) a reform could be carried out, the discussion of the latter concerned the very principle of mandatory parental consent. The ensuing debate reflects the clash between two opposing views of marriage in sixteenth-century Europe: on the one hand, the couple-oriented, consensualist conception of classical canon law; and on the other, the family-oriented conception of both Protestant and Catholic reformers with its emphasis on order, stability, and parental authority.},
  author       = {Christensen-Nugues, Charlotte},
  issn         = {0361-0160},
  keyword      = {Marriage,Parental consent,Council of Trent,Early Modern},
  language     = {eng},
  number       = {1},
  pages        = {51--72},
  publisher    = {Kirksville, Mo.: The Sixteenth Century Journal},
  series       = {Sixteenth Century Journal},
  title        = {Parental Authority and Freedom of Choice: The Debate on Clandestinity and Parental Consent at the Council of Trent},
  volume       = {45},
  year         = {2014},
}