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Law, Sex, and Christian Society in Medieval Europe

af James A. Brundage

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1281213,231 (4.33)1
This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines-covering the millennium from A.D. 500 to 1500-concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."-Peter Iver Kaufman, Church History… (mere)
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I feel this is an important enough work to post a Library Thing review even though it’s been several years since I last read it. Through an in-depth, comprehensive examination of source material, this book provides a summary of laws related to sexuality from the early days of Christianity through the Reformation.

Brundage has divided this book into 12 chapters, 10 of which cover different time frames, one devoted to Gratian’s Decretum, and a final chapter titled, “Modern Sex Law and Modern Society: Recapitulation, Reflections and Conclusions.” This last chapter is largely Brundage editorializing but I won’t criticize that too heavily. Based on the quality of the other 11 chapters, I’d say he’s earned the right.

The way Brundage organized this book is by taking time frames, such as from 1140-1190 or 1234-1348 and examine a relatively consistent set of issues for each period. This allows the reader either to go through the entire book as a whole and glean a narrative evolution of sexual laws and restrictions, or to examine, for example, how the laws and penalties regarding nonmarital sex differed between the 14th and 11th centuries.

The book begins with an examination of sexual laws in the ancient world and proceeds through the 11th century. With much less source material to work from, these first 4 chapters are briefer, though still valuable. When Brundage begins relating the impact of Gratian’s Decretum, first “published” around 1140, this work really hits its stride. At this time a great deal of material becomes available and Brundage dives in, discussing the Church’s views on marriage, sex within and out of wedlock, divorce, marital property, clerical celibacy, homosexuality, prostitution and concubinage and also how Canon law influenced civil law.

There are dozens of interesting aspects which he discusses. Personally, I find greatest interest in what constituted marriage vows during the early Middle Ages, how marriage was a product of mutual consent between two parties, completed through consummation, and without any requirement of participation by a Priest, and how that proceeded to change over time. However there are numerous other examples – the evolution of clerical celibacy is also very interesting as are some of the divorce laws.

This work is heavily footnoted which will allow readers to do additional research if they like. Keep in mind this is an academic book and refers heavily to primary and secondary source material. For a work of this type I consider it well-written but even so it is not an easy read. And I would be remiss if I didn’t at least give recognition to the chart on page 162. It’s titled, “FEELING RANDY?” and has a flow chart indicating whether it’s OK to have sex based on the many religious restrictions, ranging from, “Is Wife Menstruating?” to “Is it daylight?” Once you work your way through that, it’s a wonder Western Civilization didn’t become extinct.

If you’re really wondering what The Church thought about sex during the Medieval period and would like to learn more on how this influenced civil law, I wholeheartedly recommend this book. Just be ready to spend some time working your way through it. Brundage examines a tremendous amount of source material in some detail and that's anything but light reading. ( )
1 stem cemanuel | Oct 26, 2008 |
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This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines-covering the millennium from A.D. 500 to 1500-concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."-Peter Iver Kaufman, Church History

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