{"title":"十六世纪路德神学家和法学家对秘密婚姻的重新定义","authors":"P. Astorri","doi":"10.1017/S073824802300010X","DOIUrl":null,"url":null,"abstract":"Abstract Within the medieval Catholic Church, the term ‘clandestine betrothal’ was associated with the absence of witnesses, solemnities, and other formalities. Parental consent was not a legal requirement for betrothal or marriage, which was based on the free decision of the spouses. However, Martin Luther held that the will of the parties was not sufficient, because the couple was joined by God, and God’s will was reflected in parental consent. Luther intended the parents to be a public authority, and he therefore proposed a different definition of clandestine marriage that combined the absence of witnesses with the lack of parental approval. Medieval canonists had enumerated numerous types of clandestine betrothal. However, in their treatises, the jurists Johannes Schneidewin, Conrad Mauser, and Joachim von Beust translated Luther’s definition into legal terms, reducing the types of clandestine betrothal to only two. The first type, absence of witnesses, continued to be regulated by canon law, with some exceptions. The second, lack of parental approval, was governed by Roman law reinterpreted according to Scripture. Cardinal Bellarmine criticized this definition as confused, prompting the Lutheran theologians Paul Tarnov and Johann Gerhard to reply that ‘clandestine’ had acquired a new meaning: violation of the law imposing parental approval.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8000,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Redefinition of Clandestine Marriage by Sixteenth-Century Lutheran Theologians and Jurists\",\"authors\":\"P. Astorri\",\"doi\":\"10.1017/S073824802300010X\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Within the medieval Catholic Church, the term ‘clandestine betrothal’ was associated with the absence of witnesses, solemnities, and other formalities. Parental consent was not a legal requirement for betrothal or marriage, which was based on the free decision of the spouses. However, Martin Luther held that the will of the parties was not sufficient, because the couple was joined by God, and God’s will was reflected in parental consent. Luther intended the parents to be a public authority, and he therefore proposed a different definition of clandestine marriage that combined the absence of witnesses with the lack of parental approval. Medieval canonists had enumerated numerous types of clandestine betrothal. However, in their treatises, the jurists Johannes Schneidewin, Conrad Mauser, and Joachim von Beust translated Luther’s definition into legal terms, reducing the types of clandestine betrothal to only two. The first type, absence of witnesses, continued to be regulated by canon law, with some exceptions. The second, lack of parental approval, was governed by Roman law reinterpreted according to Scripture. Cardinal Bellarmine criticized this definition as confused, prompting the Lutheran theologians Paul Tarnov and Johann Gerhard to reply that ‘clandestine’ had acquired a new meaning: violation of the law imposing parental approval.\",\"PeriodicalId\":17960,\"journal\":{\"name\":\"Law and History Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-02-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and History Review\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://doi.org/10.1017/S073824802300010X\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"HISTORY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and History Review","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1017/S073824802300010X","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"HISTORY","Score":null,"Total":0}
The Redefinition of Clandestine Marriage by Sixteenth-Century Lutheran Theologians and Jurists
Abstract Within the medieval Catholic Church, the term ‘clandestine betrothal’ was associated with the absence of witnesses, solemnities, and other formalities. Parental consent was not a legal requirement for betrothal or marriage, which was based on the free decision of the spouses. However, Martin Luther held that the will of the parties was not sufficient, because the couple was joined by God, and God’s will was reflected in parental consent. Luther intended the parents to be a public authority, and he therefore proposed a different definition of clandestine marriage that combined the absence of witnesses with the lack of parental approval. Medieval canonists had enumerated numerous types of clandestine betrothal. However, in their treatises, the jurists Johannes Schneidewin, Conrad Mauser, and Joachim von Beust translated Luther’s definition into legal terms, reducing the types of clandestine betrothal to only two. The first type, absence of witnesses, continued to be regulated by canon law, with some exceptions. The second, lack of parental approval, was governed by Roman law reinterpreted according to Scripture. Cardinal Bellarmine criticized this definition as confused, prompting the Lutheran theologians Paul Tarnov and Johann Gerhard to reply that ‘clandestine’ had acquired a new meaning: violation of the law imposing parental approval.
期刊介绍:
Law and History Review (LHR), America"s leading legal history journal, encompasses American, European, and ancient legal history issues. The journal"s purpose is to further research in the fields of the social history of law and the history of legal ideas and institutions. LHR features articles, essays, commentaries by international authorities, and reviews of important books on legal history. American Society for Legal History