IV. Innocent III: A Lawyer-Pope and His Consensual “Policy” of Marriage? A Reconsideration

This article intervenes in the previous scholarly conversations of Kenneth Pennington, Charles Donahue, Jr., and Anne J. Duggan and suggests through the reassessment of the surviving evidence, a revisionist interpretation. It argues that Pope Innocent III (1198–1216) was not only a pope with legal expertise reflected in the remarkable consistency of his numerous decisions concerning cases of marriage formation that came to his attention in an ad hoc manner, but also, that he was, and he believed himself to be a legislating pope through his plenitude of power. He, rather than Alexander III (1159–1181), was responsible for creating and implementing the consensual “policy”, in the strictest definition of the term, for the formation of Christian marriage. Through a careful investigation of the pertinent papal letters of Innocent III found primarily in his registers, this article reconfirms and demonstrates Stephan Kuttner’s impression of the consistency of the letters as internal proof of the pope’s legal skill that he suggested long ago in 1974.

Marriage

This chapter examines the establishment of formal marriage, including same-sex marriage, and the legal issues involved in maintaining that relationship. While in the past the marital relationship was wholly defined by the state, now certain aspects of the relationship can be negotiated by the parties, which may result in a more egalitarian relationship. Also, by including the marriage within the world of contract, one effect is to move the status away from its religious roots and aspects and toward its being a secular relationship. The benefit of treating marriage as a special kind of partnership contract is that it emphasizes the individual nature of the relationship and downplays its community aspects. Indeed, the modern marriage is more like an association, in some situations a business association, of two adults who have preserved their individual rights. The chapter then considers freedom to marry as a fundamental right and looks at how states have limited marriage formation throughout history.

Przygotowanie dalsze i bliższe do małżeństwa po Dekrecie ogólnym Konferencji Episkopatu Polski z 2019 r.

Getting married in the Catholic Church should be preceded by preparation divided into three stages: further, closer and direct. In Poland, since June 1st , 2021, an episcopal document is in force, specifying in particular canonical and pastoral talks with the engaged couples. The earlier stages of marriage formation have been discussed in scattered legal acts. These documents have the scope of the universal Church and the others are in force in Poland. This study summarizes the regulations that are in force in Poland, regarding further and closer marriage preparation. Some changes were suggested, for the welfare of marriage.

Marriage in Serbian law and in comparative perspective

According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

Sex

Section 1 considers sexual intercourse outside marriage, known as paillardise. Drawing on two hundred cases, it examines attitudes to sexual sin and the circumstances that aroused suspicion. It looks at the prevalence of sex after engagement, and how sex acted as a step in marriage formation, meaning women could be lured into sex by promises to marry. It also considers sex outside the context of promises to marry, and the cohabitation of unmarried couples. Section 2 considers over a hundred cases of sexual assault, many outside the legal contemporary definition of rape. It considers the identity of the predators, the circumstances of sexual abuse, the use of force and coercion, plus threats, promises, and persuasion. It also considers sexual assault in the context of conditional consent, the consequences of assault for women, and women’s strategies in the context of rape and abuse. It finishes by looking at false accusations.