This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.

This book combines Christian theology, Enlightenment liberalism, and modern social science to defend the marital family as an essential institution for adults and children, regardless of sexual orientation. John Witte presents the marital family as an integrated sphere with natural, social, economic, communicative, contractual, and spiritual dimensions. He rejects modern efforts to abolish the legal category of marriage or to reduce it to a transient and malleable sexual contract. While celebrating the sexual liberty of consensual adults, Witte calls for stable marital families and responsible sex and parentage as the surest and safest path to private flourishing and social stability for all.

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.