The term "conjugal rights" has long characterized ways of speaking about marriage both in the canonistic tradition and in the secular legal systems of the West. This book explores the origins and dimensions of this concept and the range of meanings that have attached to it from the twelfth century to the present. Employing far-ranging sources, Charles Reid Jr. examines the language of marriage in classical Roman law, the Germanic legal codes of early medieval Europe, and the writings of canon lawyers and theologians from the medieval and early modern periods. The heart of the book, however, consists of the writings of the canonists of the High Middle Ages, especially the works of Hostiensis, Bernard of Parma, Innocent IV, and Raymond de Peafort. Reid's incisive survey provides a new understanding of subjects such as the right of parties to marry free of parental coercion, the nature of "paternal power," the place of bodies in the marriage contract, the meaning and implications of gender equality, and the right of inheritance.

This volume explores the causes and consequences of family inequality in the United States, Europe, and Latin America.

The study takes the received view among scholars that women in the Middle Ages were faced with sustained misogyny and that their voices were seldom heard in public and subjects it to a critical analysis. The ten chapters deal with various aspects of the question, and the voices of a variety of authors - both female and male - are heard. The study opens with an enquiry into violence against women, including in texts by male writers (Hartmann von Aue, Gottfried von Straßburg, Wolfram von Eschenbach) which indeed describe instances of violence, but adopt an extremely critical stance towards them. It then proceeds to show how women were able to develop an independent identity in various genres and could present themselves as authorities in the public eye. Mystic texts by Hildegard of Bingen, Marie de France and Margery Kempe, the medieval conduct poem known as Die Winsbeckin, the Devout Books of Sisters composed in convents in South-West Germany, but also quasi-historical documents such as the memoirs of Helene Kottaner or Anna Weckerin's cookery book, demonstrate that far more women were in the public gaze than had hitherto been assumed and that they possessed the self-confidence to establish their positions with their intellectual and their literary achievements.

Presents a robust defence of the essential place of stable marital families in modern liberal societies.

Whilst French romances of the twelfth and thirteenth centuries have long enjoyed a privileged place in the literary history of France, romances from the later middle ages have been largely neglected by modern scholars, despite their central role in the chivalric culture of the day. In particular, although this genre has been seen as providing a forum within which ideas about masculine and feminine roles were debated and prescribed, little work has been done on the gender ideology of texts from the fourteenth and fifteenth centuries. This study seeks to fill this gap in the scholarship by analysing how the views of gender found in earlier romances were reassessed and reshaped in the texts produced in the moralising intellectual environment of the later medieval period. In order to explore these topics, this book discusses fifteen historico-realist prose romances written in the century from 1390, many of which were commissioned at the court of Burgundy. It addresses key issues in recent studies of gender in medieval culture including the construction of chivalric masculinity, the representation of adolescent desire, and the social and sexual roles of husbands and wives. In addition to offering close readings of these texts, it shows how the romances of the period were informed by ideas about gender which circulated in contemporary works such as manuals of chivalry, moral treatises, and marriage sermons. It thus aims not only to provide the first in-depth study of this little-known area of French literary history, but also to question the critical consensus on the role of gender in medieval romance that has arisen from an exclusive focus on earlier works in the genre.

In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

This study explores myriad traditional Jewish sources, from the Bible to recent books, on the “how-to” of conjugal intimacy, showing both stability and change in what Jews were instructed to do, or to avoid doing, in their marital bed.