By Consent Alone : Marriage Law and German Romance, 1186-1210
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The twelfth and early thirteenth centuries saw some of the most important changes to marriage laws in European history, the foremost being the decision of the Catholic Church to recognize consent as an overriding requirement for marriage. Though this revolutionary position promised far greater personal freedom and individual autonomy, these promises went largely unfulfilled.
By Consent Alone explores the developing laws of marriage in this period through the lens of the "case" (Kasus), a short narrative form that asks its audience to judge the new laws against the larger ideology of free consent. The book compares literary depictions of romance and marriage in seven canonical German romances with cases in the historical record, focusing on legal questions of consent, coerced consent, impediments to marriage, spousal abuse, and divorce. It argues that medieval German literature advocated for an expansive definition of individual and women's rights in marriage.
Comparing the fictional depictions of marriage cases with historical law, By Consent Alone provides a unique window into medieval thought and the culture of marriage, often not as it was, but as it was wished to be.
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