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Law, Sex, and Christian Society in Medieval Europe (Paperback)

~ (Author) "Scholars since the 1820s, following in the wake of such pioneers as Rawlinson, Champollion, and Scheliemann, have gradually uncovered and deciphered the records of the..." (more)
Key Phrases: coital theory, reform canonists, fornicatione nati, New York, Johannes Teutonicus, Joannes Faventinus (more...)

4.0 out of 5 stars See all reviews (3 customer reviews)

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Product Description

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

About the Author

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.

Product Details

Paperback: 698 pages
Publisher: University Of Chicago Press (January 15, 1990)
Language: English
ISBN-10: 0226077845
ISBN-13: 978-0226077840
Product Dimensions: 9.4 x 6.7 x 1.5 inches
Shipping Weight: 2.7 pounds (View shipping rates and policies)

Average Customer Review: 4.0 out of 5 stars See all reviews (3 customer reviews)

Amazon.com Sales Rank: #931,695 in Books (See Bestsellers in Books)
Popular in this category: (What's this?)
#76 in Books > Health, Mind & Body > Sex > Sex & Religion > Christian Sexual Ethics

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Inside This Book (learn more)

First Sentence:
Scholars since the 1820s, following in the wake of such pioneers as Rawlinson, Champollion, and Scheliemann, have gradually uncovered and deciphered the records of the Mediterranean civilizations that preceded the classical world of Greece and Rome. Read the first page

Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
coital theory, reform canonists, fornicatione nati, mariage pr�sum�, ritu nup, quod religiosi, impedimentum impotentiae, statu sociali, coitu damnato, sponsa duorum, primis hominibus, abjuration sub pena nubendi, medieval sex law, sancto matrimonio, penitential writers, temps pour embrasser, marriage decretals, canonical tribunals, early decretists, penitential authors, matrimonial jurisprudence, dossier antimatrimonial, naturalibus liberis, tractatus varii, propter fornicationem

Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Johannes Teutonicus, Joannes Faventinus, Thomas of Chobham, Stephen of Tournai, Raymond of Pe�afort, Bernard of Pavia, Pierre de La Palude, Nicholas of Lyra, William of Pagula, Clarendon Press, Frankish Society, Thomas Aquinas, Bernard of Parma, Sicard of Cremona, Lex Julia, Liber Extra, Stephan Kuttner, Peter Damian, Council of Trent, Glossa Palatina, Peter Lombard, Guido de Baysio, John Chrysostom, Studia Gratiana

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Citations (learn more)

100 books cite this book:

To Have and to Hold: Marrying and its Documentation in Western Christendom, 400-1600 by Philip L. Reynolds on 6 pages
Fallen Bodies: Pollution, Sexuality, and Demonology in the Middle Ages (The Middle Ages Series) by Dyan Elliott on 4 pages
The Wages of Sin: Sex and Disease, Past and Present by Peter Lewis Allen on 4 pages
Virgin Martyrs: Legends of Sainthood in Late Medieval England by Karen A. Winstead on page 58, page 98, and Back Matter
Getting Medieval: Sexualities and Communities, Pre- and Postmodern (Series Q) by Carolyn Dinshaw in Back Matter (1), Back Matter (2), and Back Matter (3)

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15 of 16 people found the following review helpful:

5.0 out of 5 stars An Amazing Accomplishment in Historical Research, December 16, 2003

By	Renee L. Goethe "hroswitha" (Iowa City, Iowa USA) - See all my reviews (REAL NAME)

I have difficulty believing this book has been listed this long on Amazon without gaining even the most cursory review. Nevertheless, serious students of the medieval period should seek out this book, if only to see how true academic scholarship should be performed.

For those not familiar with this text, Brundage transcribed, translated, edited, and summarized a vast corpus of materials from the medieval period and presents his results here. He consulted everything from medieval penitentials (confessors' manuals) to Roman law codes, from Germanic statutes to patristic doctrine, but does so without ever simplifying his source beyond recognition. In each chapter, he covers similar ground: marriage statues; laws regarding fornication and adultery; clerical marriage and celibacy regulations; prostitution, homosexuality, and concubinage. So, for example, he might outline in brief the arguments found in Gratian's Decretum regarding the legally binding aspects of marriage, followed by his arguments opposing divorce. Brundage was always careful not to generalize, and the ideas he presents are always attributed to their sources. The footnotes are meticulous, and his research apparatus impeccable.

This work is astounding. It is not the kind of text intended for a light summer's read, but the culmination of a career of research and analysis. While it should not substitute for primary source research on the part of the academic historian, it is nevertheless an essential summary of ideas and trends in law during the past. It is a remarkable achievement.

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3 of 3 people found the following review helpful:

5.0 out of 5 stars Not Now Dear - it's Wednesday, October 28, 2008

By	Curt Emanuel (Frankfort, IN USA) - See all my reviews (REAL NAME)

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.

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5 of 25 people found the following review helpful:

2.0 out of 5 stars Sexual Laws of the Middle Ages, September 4, 2003

By A Customer

This book is a detailed, difficult to read chronology of sexual morality laws from ancient times to about 1563. It deals mostly with canon law. It explains civil laws as well but not as in dept as I was expecting. It is filled with footnotes. The information provided in the book pretty much answered all the questions I had on sexual laws in the Middle Ages. The problem lies at the end of the book. I do not recommend reading Chapter 12. It is filled with the author's own liberal and modernist opinions of which I was not impressed. As a matter of fact I was highly offended as a practicing Catholic. Do not be deceived by the Catholic award on the back cover as I was. The author's views are clearly not Catholic. Had the author not expressed his own liberal opinions and suggestions I would have enjoyed the book more.

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