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Kvinnan inom äktenskapet - En rättshistorisk utredning av kvinnans äktenskapsrätt

Nordquist, Beatrice LU (2015) LAGF03 20151
Department of Law
Faculty of Law
Abstract
Woman’s legal marital position was subject to significant change during the period of time dealt with in the following thesis. The explanation to these changes can be found in certain historical events that left a mark on society. The author approaches these events in an attempt to find out how they affected the female role within marriage, furthermore how legal marriage evolved thereafter.

The purpose of the thesis is to identify and analyse the woman’s marital rights from the time of feudal society, the middle ages and the transition through the reformation to early modern time. The germanic common law, medeival scandinavian law, and “Kristoffers landslag” (Elective Monarchy) both after the reformation with 1571’s Swedish Church... (More)
Woman’s legal marital position was subject to significant change during the period of time dealt with in the following thesis. The explanation to these changes can be found in certain historical events that left a mark on society. The author approaches these events in an attempt to find out how they affected the female role within marriage, furthermore how legal marriage evolved thereafter.

The purpose of the thesis is to identify and analyse the woman’s marital rights from the time of feudal society, the middle ages and the transition through the reformation to early modern time. The germanic common law, medeival scandinavian law, and “Kristoffers landslag” (Elective Monarchy) both after the reformation with 1571’s Swedish Church Ordinance and the 1686 church law will be looked into.

In the first part, the female juridical position in the germanic feudal society is defined and evaluated. This was an essential part of our societies further development, which makes it an interesting starting point. Hereafter, the centralism expansion with the aid of the church and royal power is outlined. In the Medeival Scandinavian law the most important parts of the marital juridical role, both the inception and termination of a marriage, is explained. This is followed by an account of the reformation, which has come to influence the development of matrimony to this day.

The theme of the old juridical regulations of marriage is that the woman has been subordinated to the man. From a situation where the woman often would work as a link between families, with no say in the choice of her partner and even less the possibility to speak on her own behalf, some doors opened and gave her opportunities. Gradually, she was given the right to influence the choice of partner and her acceptance was sought-after. She could even choose a life without marriage or a life in celibacy. After the reformation, woman were given the right to divorce and remarriage, however only under certain circumstances. This granted her higher legal capacity. Hence, the reformation was an important platform for the development of society and legal regulations of marriage, making it the dawn of modern society. (Less)
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author
Nordquist, Beatrice LU
supervisor
organization
course
LAGF03 20151
year
type
M2 - Bachelor Degree
subject
language
Swedish
id
5431521
date added to LUP
2015-07-06 09:53:02
date last changed
2015-07-06 09:53:02
@misc{5431521,
  abstract     = {Woman’s legal marital position was subject to significant change during the period of time dealt with in the following thesis. The explanation to these changes can be found in certain historical events that left a mark on society. The author approaches these events in an attempt to find out how they affected the female role within marriage, furthermore how legal marriage evolved thereafter. 

The purpose of the thesis is to identify and analyse the woman’s marital rights from the time of feudal society, the middle ages and the transition through the reformation to early modern time. The germanic common law, medeival scandinavian law, and “Kristoffers landslag” (Elective Monarchy) both after the reformation with 1571’s Swedish Church Ordinance and the 1686 church law will be looked into.

In the first part, the female juridical position in the germanic feudal society is defined and evaluated. This was an essential part of our societies further development, which makes it an interesting starting point. Hereafter, the centralism expansion with the aid of the church and royal power is outlined. In the Medeival Scandinavian law the most important parts of the marital juridical role, both the inception and termination of a marriage, is explained. This is followed by an account of the reformation, which has come to influence the development of matrimony to this day. 

The theme of the old juridical regulations of marriage is that the woman has been subordinated to the man. From a situation where the woman often would work as a link between families, with no say in the choice of her partner and even less the possibility to speak on her own behalf, some doors opened and gave her opportunities. Gradually, she was given the right to influence the choice of partner and her acceptance was sought-after. She could even choose a life without marriage or a life in celibacy. After the reformation, woman were given the right to divorce and remarriage, however only under certain circumstances. This granted her higher legal capacity. Hence, the reformation was an important platform for the development of society and legal regulations of marriage, making it the dawn of modern society.},
  author       = {Nordquist, Beatrice},
  language     = {swe},
  note         = {Student Paper},
  title        = {Kvinnan inom äktenskapet - En rättshistorisk utredning av kvinnans äktenskapsrätt},
  year         = {2015},
}