This chapter examines the role of the papacy in the history of marriage regulation in a long-term perspective. The core theme of corporeality is investigated between doctrine and practice. On the one hand, the body is a central good whose rights of use are mutually exchanged by the spouses within the framework of the marriage contract; on the other hand, it is a deadly burden, the place where the flesh manifests itself with its law that contradicts reason. In the light of this tension, the position of papal authority – in particular the power to bind and dissolve – is addressed by examining its pronouncements, especially the Decretales, conciliar legislation, and the publication of encyclicals and apostolic exhortations up to the most recent on the subject: Amoris laetitia, by Pope Francis I. Finally, some cases that have been dealt with by courts such as the Penitentiary, the Holy Office, and the Rota are examined.

In the late Roman empire, the papacy’s endorsement of marriage as a divine institution was already explicita. From the mid-fifth century, fundamental importance was attached to the signification by marriage of Christ’s union of the Church, a value shaping the social practice of marriage, underpinning the creation in Roman Catholicism of a marriage system unique in the history of literate societies, one which banned both polygamy and divorce. More flexible laws limited marriage within the “forbidden degrees” of relationship. The aim was to foster social cohesion. These rules could be changed, or dispensed with, in individual cases. Marriage was made by consent, and only from the Council of Trent was the presence of a priest required. Christianity in general and papal law in particular slowly transformed the relationship between slavery and marriage.

Chapter 8 employs Welby’s Meaning Triad to examine the boundary separating girlhood and womanhood under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and its repercussions on the protection of the girl child. It examines the definition of ‘woman’ in international law and the English language, and the life-cycle approach. It notes that the CEDAW fails to provide a parameter for the beginning of womanhood, thus it is not clear whether girls of all ages – young girls and adolescent girls – are covered by this treaty. It observes that female human beings located at the intersection of girlhood and womanhood may fall short of the protection of both the CRC and many provisions of the CEDAW. It applies semioethics theory and considers revising the CEDAW to undoubtedly ensure that girls are covered under this treaty, save for provisions allocating ‘adult rights’.

This chapter explores sacramental fees in respect of baptisms, weddings, funerals, and other life cycle events. One of the most significant aspects of clerical income, these fees were equally a substantial, but vital, financial outlay for the laity, which had meanings that were social, cultural, religious, and personal. This chapter argues that those on either side of the transaction could often value the money involved very differently, a finding that has an important bearing on our understanding of where the balance of power lay between Church and people. This chapter will also emphasise, through its varied examples, that sacramental fees were highly regionalised and could operate very differently depending on the parish or diocese involved.

Women’s agency was contingent on the multiple parties concerned with it, and they formed its gendered understandings and practices. This chapter traces those understandings and practices in the courtroom, where Taiwanese women in premarital sexual relationships expressed their interests. From the early 1920s, more women made their voices heard in civil cases on marital affairs and divorce, which revealed changing attitudes toward marriage and premarital sexual relationships among themselves, their partners and family members, and Japanese judges. The judges joined the male litigants in highlighting the formal state of marriage and wifehood against women’s informal personal status and their sexual histories. Meanwhile, Taiwanese women continued to react against the discriminatory treatment of premarital sexual relationships and eventually won the more flexible treatment of premarital relationships as if they were formal marriages in the mid-1930s. However, this result was achieved only when those women agreed to be submissive to their male partners or otherwise considered promiscuous. Changing the direction of their sexual, marital, and family lives took on a gender-specific tone.

‘The Poetry of Married Life’ reflects on poetic descriptions of the quotidian reality of married life in the light of idealistic notions of ‘companionate marriage’ emerging from contemporary Socialist and Utopian thought and the prevalent sense of what Matthew Arnold called the ‘poetrylessness’ of modern life. Coventry Patmore’s The Angel in the House begins by attempting to dignify the mundane events of married life, but finds, like the other poets whose work is examined in this chapter, that ‘[the] poetry of married life is almost invariably a poetry of postponement and evasion’. The result, in the work of Patmore and others, is a poetry which combines a typically Victorian focus on what Robert Browning calls the ‘moment, one and infinite’ in which the meaning and value of life are revealed with an equally characteristic search for forms capable of embodying the poets’ continual reflection on and reassessment of experience.

Chapter 2 analyzes kinship both between employer and servant and between the female attendant and her other family members in service. Ladies-in-waiting usually owed their positions at court and in great households to connections within their kin group, sometimes through active negotiations and promotions that appear in surviving records, but mostly through maneuverings that occurred behind the scenes. The surviving documents allow me to argue that courtier families used kinship ties to build networks of influence. In return, employers gained new servants from connections already known and trusted. Marriages within the household were well rewarded and female attendants often took advantage of opportunities to wed fellow servants and promote their children, siblings, cousins, and even grandchildren into similar employment. This chapter also asserts that the familial networks of ladies-in-waiting paralleled the dynastic networks that made for effective monarchy. Although only one royal body, usually male, ruled the kingdom, a king could not rule successfully in isolation; rather monarchs employed consorts, siblings, and other kin to govern and enhance royal prestige. Similarly, courtier families worked together to promote members of their kin group and parlay influence into rewards.

“Of the Populousness of Ancient Nations” is by far the longest of Hume’s essays. Although it does not always receive the attention it merits, it is a very important text not only in relation to Hume’s political thought as a whole but also for a full understanding of the intellectual history of the long eighteenth century as it partook in a set of wide-ranging conversations about the causes of demographic growth in which T. R. Malthus, amongst others, became engaged. This chapter first revisits Montesquieu’s position on the issue of the relative populousness of ancient and modern nations to show not only the true nature of the Frenchman’s views and that of the dispute between him and Hume but also the extent to which Hume’s reading of Montesquieu provided the basis for the Scot’s reflections on republics, liberty, the status of women and slavery in that essay and elsewhere. It underscores the centrality of demography to political debates of the period.

Chapter 3 describes Grouchy’s thought during the first four years of the French Revolution. It explores both the philosophical foundations for and the results of the strong political and intellectual partnership that developed with her husband, Condorcet, from around 1790. Grouchy took advantage of the symbolic political power with which marriage was imbued in revolutionary discourse to use her own union as a microcosm of the polity she and Condorcet were advocating. They demonstrated that sentiment not only allowed individuals to reason rights, but created bonds that enabled independent people to work together for the advancement of political goals beyond their basis self-interest. This created the basis from which citizens could contribute to the creation of a just constitution. The state, in turn, had a central role in fostering the emotional faculties of the citizenry. Women, moreover, had an identical capacity for moral and political judgement as men. They made this argument both in the public display of their collaboration, and in texts that they co-authored together. This Chapter makes the case for Grouchy’s co-authorship of Condorcet’s influential 1791 Cinq mémoires de l’instruction publique and argues for her centrality to Condorcet’s revolutionary thinking and career.

This chapter explores the diversity of experiences lived by women during the Vietnam War where they participated as politicians, soldiers, diplomats, covert agents, employees, and active civilian voices. The chapter focuses on the years 1954 to 1975 to illustrate the changing expectations and opportunities for women from the fall of the French colonial government through escalation. The chapter introduces the experiences of women across both the North and South to illustrate similarities and differences that occurred as a result of the large-scale American presence in South Vietnamese urban spaces. In particular, the study explores the lines between civilian and combatant. Through their active participation, women shaped foreign relations through their politics, labor, and interactions with leaders and servicemembers. The military and interpersonal violence of the conflict also had unique and lasting impacts on women. Overall, the chapter seeks to examine women’s roles within the context of the war to understand their influence on the conflict.

This chapter explores two major anthropological ties: sharing food and contracting marriage in the Syrian-Orthodox church and the early Islamic community in the first Islamic century. To consolidate their authority over pagan and Christian Arabs, both early Syrian-Orthodox bishops and proto-Muslim authorities such as the readers of the Qurʾan (qurrāʾ) had to build religious communities. Miaphysite clerics attempted to separate those who were undoubtedly Christians from those who were uncertain. Banning interfaith social bonds among laypeople through canonical rulings proved to be the most effective legal method to confine them to their specific communal church. It seems that Muslim scholars also sought to delimit their own community (umma) by prohibiting their followers from engaging in the same social relations: through restrictions on food and marriage but not here relations with all Christians, as the Qurʾan permits these, but especially with the liminal category of “Christian Arabs.” To prevent the risk of diluting their umma, Muslim scholars, in turn, developed the same argument as Syriac scholars: that (Christian) Arabs were (crypto-)pagans.

This chapter traces the emergence of published women’s rights demands in Western Europe and America. While this history begins with seventeenth-century French debates and broadened through the eighteenth century, it was in the immediate run-up to, and then during the course of, the French Revolution that arguments for women’s civil and political rights flared up and arrived at their modern expression. From Condorcet to Olympe de Gouges, many more writers of both sexes advocated les droits des femmes, demanding legal, educational, economic, and social equality with men. Early expressions of these claims sometimes met with scorn and disbelief, particularly from influential German philosophers, but the claims would nevertheless resurface periodically and gain momentum throughout the nineteenth century, especially during the revolutionary upheavals of 1848 and 1870–1 (and eventually in 1917 Russia), and the women’s suffrage campaigns in the West. Many advocates of women’s rights in France and in the English-speaking world, including Sarah Grimké, made common cause with abolitionists (of Black slavery) and with early social reformers and socialists. As democratic ideas slowly made headway, claims for women’s inclusion and equal rights grew louder and more insistent, ultimately fostering attitudinal changes and proposals for legislative action in many nation-states.

This chapter explores an 1886 judicial decision by Justice Syed Mahmood (d. 1321/1903)—the son of the famous Indian Muslim reformist and educator Sir Syed Ahmed Khan—on a case involving the restitution of conjugal rights, namely, the ability of a husband to sue his wife in court for unlawfully abandoning the martial home. This decision is important for the ways it reflects the operation of Islamic law in a context of British domination, in which premodern Islamic legal norms are read through the lense of the British Common Law tradition, and in which the apparatus and ecosystem of Islamic law have been transformed almost beyond recognition by the emergence of the modern state.

Take a broad look at American family and friendhip ntworks, examining marriage, child-rearing, and other family and personal relations among the consuls and members of the American community in the Mediterranean.