Law, Sex, and Christian Society in Medieval Europe
by James A. Brundage
University of Chicago Press, 1990
Cloth: 978-0-226-07783-3 | Paper: 978-0-226-07784-0 | Electronic: 978-0-226-07789-5
DOI: 10.7208/chicago/9780226077895.001.0001
ABOUT THIS BOOKAUTHOR BIOGRAPHYTABLE OF CONTENTS

ABOUT THIS BOOK

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

AUTHOR BIOGRAPHY

James A. Brundage is the Ahmanson-Murphy Distinguished Professor Emeritus of History and Law at the University of Kansas. He is the author of nine books, including The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts, also published by the University of Chicago Press.

TABLE OF CONTENTS

Cover

List of Illustrations

Abbreviations

Preface

Acknowledgments

Introduction

1. Law and Sex in the Ancient World

2. Sex and the Law in Judaism and Early Christianity

3. Sex and the Law in the Christian Empire, from Constantine to Justinian

4. Law and Sex in Early Medieval Europe, Sixth to Eleventh Centuries

5. The Era of Church Reform, Intellectual Revival, and Urbanization: 1176--1140

6. Sex and Marriage in the Decretum of Gratian

7. Sexual Behavior and the Early Decretists, from Paucapalea to Huguccio, 1140--1190

8. Marriage and Sex in Canon Law, from Alexander III to the Liber Extra

9. Sex, Marriage, and the Legal Commentators, 1234--1348

10. Sex, Marriage, and the Law from the Black Death to the Reformation, 1348--1517

11. Sex in the Age of the Reformation: From the Ninety-Five Theses to Tamesti, 1517--1563

12. Medieval Sex Law and Modern Society: Recapitulation, Reflections, and Conclusions

Appendix 1: Tables

Appendix 2: Marriage Law and the Economic Interests of the Medieval Church

Appendix 3: Survivals of Medieval Sex Law in the United States and Western World

List of Manuscripts Cited

Select Secondary References

Index