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Social ordering and the doctrine of free choice. The case of abjuration sub pena nubendi

Christensen-Nugues, Charlotte LU (2008) Law and Power in the Middle Ages. Carlsberg Academy on Medieval Legal History IV In Law and Power in the Middle Ages. Proceedings of the fourth Carlsberg Academy on Medieval Legal History 2007 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)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Abjuration sub pena nubendi, Canon Law, Marriage
in
Law and Power in the Middle Ages. Proceedings of the fourth Carlsberg Academy on Medieval Legal History 2007
editor
Andersen, Per; Münster-Swendsen, Mia; Vogt, Helle; ; and
pages
271 pages
publisher
DJØF Publishing
conference name
Law and Power in the Middle Ages. Carlsberg Academy on Medieval Legal History IV
ISBN
978-87-574-1884-2
language
English
LU publication?
yes
id
53e27063-a655-4081-8552-c7e95bd48509 (old id 607437)
date added to LUP
2007-11-26 22:23:14
date last changed
2016-04-16 09:15:21
@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},
  keyword      = {Abjuration sub pena nubendi,Canon Law,Marriage},
  language     = {eng},
  pages        = {43--51},
  publisher    = {DJØF Publishing},
  title        = {Social ordering and the doctrine of free choice. The case of abjuration sub pena nubendi},
  year         = {2008},
}