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- Christensen-Nugues, Charlotte
(författare)
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Och de skall vara ett hjärta : konsensusdoktrinen i medeltida kanonisk rätt
- 2003
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- One of the most important aspects of the marriage legislation in medieval canon law is the doctrine of free choice. According to this doctrine, established by pope Alexander III in the second half of the twelfth century, the validity of a marriage depended solely on the freely given consent of the parties. Neither family nor witnesses, not even the presence of a priest were necessary to form a valid marriage. The consensualist doctrine revolutionized the very conception of marriage and had important consequences for practically all layers of society. At a first glance, it seems astonishingly modern but a study of the underlying theories shows that it was founded on very different, and apparently, non-modern ideas. That these ideas can seem foreign to us should not lead to an underestimation of their actual importance, even from a modern perspective. They gave rise to one of the most fundamental aspects in the western marriage model – the individuals right to marry if, when, and with whomever he or she chooses. This study focuses on the interaction between sacramental theory and marriage legislation, more specifically, the connection between the ascetic tradition within the Church and the consensualist doctrine. Paradoxically, it was to a large extent the ascetic tradition that prompted a personalistic definition of marriage as depending primarily on the personal feelings and aspirations of the spouses. This idea of marriage was the foundation of the consensualist doctrine. Several authors have argued that the ideal of chastity in the medieval Church was incompatible with the idea of married love. This could seem like a common sense argument but in reality the ideal of chastity was a prerequisite for a more spiritual definition of marriage where the emotional relationship between the spouses was emphasized. As Hugh of Saint-Victor puts it, the spouses should not only become one flesh, but, above all, one heart. At the end of the twelfth century, the consensualist doctrine was firmly established in theory. Another question is if and how it was applied in reality and, not least, how the lay population perceived it. To answer these questions, I have studied a register from the Officials’ Court at Cerisy, Normandy, during the period 1314-1346. The importance of consent appears very clearly in the marriage litigation. Neither the family’s wishes nor the persons’ reputation (if, for example, they had previously been fined for fornication by the same Court) not even if and with whom the involved parties had children seem to have had any real bearing on the Courts rulings in these cases. Another important aspect in the register is the extent of the lay population’s knowledge of canon law, even in its more complicated aspects. The register from Cerisy not only shows how the marriage legislation in canon law was applied by the Court, but also that it had become an integrated part of rural society in fourteenth century Normandy.
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| 3. |
- Christensen-Nugues, Charlotte, et al.
(författare)
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Henrik Harpestreng
- 2007
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Ingår i: Dictionary of Medical Biography. - 0313328773
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Bokkapitel (refereegranskat)abstract
- A short biography of the most prominent medical writer in medieval Scandinavia. His life, works and influence on Scandinavian medical history.
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| 4. |
- Broberg, Gunnar, et al.
(författare)
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Vetenskap
- 2008
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Ingår i: Kunskapens kretsar : [essäer om kunskap, bildning och vetenskap genom tiderna]. - 9187896907 ; [Symposier på Krapperups borg], 1100-7095 ; [7]
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The history of the concept "vetenskap" and its possible decline
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| 5. |
- Christensen-Nugues, Charlotte, et al.
(författare)
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"Only to the benefit of some private persons" : The concept of "private" in records from the Swedish estates assembly, 1521-1731
- 2021
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Ingår i: Private/Public in 18th-Century Scandinavia. - 9781350224896
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Bokkapitel (refereegranskat)abstract
- In this article I explore the different and changing meanings of the concept “privat” in records from the Swedish Riksdag (state assembly) from the sixteenth to the beginning of the eighteenth century. I analyze how the concept was used in different contexts, such as questions concerning e.g. private and public religious practices, relations between individuals and communities, and relations between households and the common good. More specifically I analyze the concept of private in relation to and, as was often the case, in opposition to public welfare and the common good; private in relation to secrecy; and, finally, the often ambiguous use of the word “privat” in religious contexts, where it could be used both to describe dangerous and potentially heretic practices, and as something desirable, and even necessary, for a good Christian.
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| 6. |
- Christensen-Nugues, Charlotte, et al.
(författare)
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Bilden av den vise hos Charles de Bovelles
- 2007
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Ingår i: Kunskapens kretsar : Kunskap, bildning, vetenskap. - 9187896907 ; , s. 45-51
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Bokkapitel (populärvet., debatt m.m.)abstract
- In this article I study the thought of French mathematician and philosopher Charles de Bovelles (1479-1553) on wisdom and man's place in creation.
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| 7. |
- Christensen-Nugues, Charlotte
(författare)
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Force, Fear and Consent to Marriage : Theory and Practice in Late Medieval Europe
- 2019
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Ingår i: ; , s. 1-1
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Konferensbidrag (refereegranskat)abstract
- In the last half of the twelfth century, canon law established the rule that a marriage could be declared invalid if the consent had been given through force or fear. This ruling was a natural consequence of the insistence on free consent as the only requirement for a valid marriage. It did, however, entail a number of both practical and theoretical problems. It could be difficult to prove force and fear within the family, but also to define what should count as sufficient force and fear to invalidate a marriage. In Roman law, the fictional figure of the ”constant man” (constans vir) was used to determine different degrees of coercion. The constant man standard was however difficult to use in marriage cases that often involved very young people, dependent on those most likely to use force and fear against them. Already in the thirteenth century, canonists and theologians, such as for example Hostiensis, Raymundus of Penyaforte, and Thomas of Chobham, acknowledged the particular difficulties to assess force and fear in marriage cases, where the parties were economically, socially, and even emotionally dependent on those most likely to use force and fear against them (i.e. parents/guardians).In this article I investigate how the theoretical discussions concerning force and fear, from the early twelfth century and onwards, compares to the application of this impediment in actual court practice. By drawing on a number of examples from North Western Europe, I compare arguments used in court with definitions and explanations developed in canonistic literature, penitentials and theological treatises from the same period.
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| 8. |
- Christensen-Nugues, Charlotte
(författare)
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Parental Authority and Freedom of Choice: The Debate on Clandestinity and Parental Consent at the Council of Trent
- 2014
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Ingår i: Sixteenth Century Journal. - 0361-0160. ; 45:1, s. 51-72
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Tidskriftsartikel (refereegranskat)abstract
- After a long debate the Council of Trent decided, in 1563, against the validity of marriages contracted informally, without a public ceremony. Marriages without parental consent, however, remained valid. These decisions are frequently described as a pragmatic compromise, where one controversial reform was rejected in favor of another, equally controversial. Yet there was, as this article will show, a significant difference in how the delegates addressed the questions of publicity and parental consent. While the discussion of the former mostly concerned how (not if) a reform could be carried out, the discussion of the latter concerned the very principle of mandatory parental consent. The ensuing debate reflects the clash between two opposing views of marriage in sixteenth-century Europe: on the one hand, the couple-oriented, consensualist conception of classical canon law; and on the other, the family-oriented conception of both Protestant and Catholic reformers with its emphasis on order, stability, and parental authority.
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| 9. |
- Christensen-Nugues, Charlotte, et al.
(författare)
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Tvång och rädsla. Om äktenskapshinder i medeltida kanonisk rätt
- 2008
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Ingår i: Förklaringar och förbistringar : festskrift till Anders Piltz. - 9187976293 ; , s. 168-178
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- According to medieval canon law, a marriage could be declared invalid if the consent had been given through force or fear. This ruling was a natural consequence of the insistence on free consent as the only requirement for a valid marriage. It did, however, entail a number of both practical and theoretical problems. It could be difficult to prove force and fear within the family, but also to define what should count as sufficient force and fear to render a marriage non valid. In Roman law, the fictional figure of the ”constant man” was used to determine different degrees of coercion. The constant man standard was however difficult to use in marriage cases that often involved very young people, dependent on those most likely to use force and fear against them In this article, I examine - through the development of papal legislation in force and fear cases and their subsequent commentary - how the constant man standard was reinterpreted during the Middle Ages, and how social reality and the requirement of freedom in spiritual matters redefined the concepts of coercion and consent.
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| 10. |
- Christensen-Nugues, Charlotte, et al.
(författare)
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Tvång och rädsla som äktenskapshinder. Tomás Sánchez De sancto matrimonii sacramento
- 2010
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Ingår i: Dygder och laster. Förmoderna perspektiv på tillvaron. - 9789185509447 ; , s. 78-94
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- According to medieval canon law, a marriage could be declared invalid if the consent had been given through force or fear. This ruling was a natural consequence of the insistence on free consent as the only requirement for a valid marriage. It did, however, entail a number of both practical and theoretical problems. It could be difficult to prove force and fear within the family, but also to define what should count as sufficient force and fear to render a marriage invalid. In this article I examine the post-Tridentine discussion of force and fear as impediment to marriage, with special focus on Tómas Sánchez and his very influential De sancto matrimonii sacramento from 1603. A key element in Tómas discussion of force and fear is the relationship between parents and children, and how it influences the freedom of consent. How should force and fear be assessed in to relation to the "reverential fear", timor reverentialis, that children feel (and ought to feel) towards their parents, and how can filial duty be combined with their right to free choice in marriage?
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