A History of Family Law in Europe, Volume 1: The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories

Author: Saskia Lettmaier; Rebecca Probert
Publisher: Hart Publishing
ISBN: 9781509987184
Published In: January 2027
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This interdisciplinary collection illuminates the religious roots of marriage and divorce in Europe and their divergent history from the 18th century to the present day.

The 18th century was a pivotal period in terms of how the rules governing marriage and divorce were determined, with authority to set and adjudicate on rules shifting from religious authorities to the state. This book evaluates these historical developments, paying particular attention to the waxing or waning influence of religious institutions, values, or norms and whether further suggestions for reform have been made.

Volume 1 of A History of Family Law in Europe examines how, and the extent to which, marriage formation and dissolution are regulated in the written texts of the Catholic, Protestant, and Orthodox traditions. The contributors analyse the respective traditions' teachings on marriage formation, marital impediments, and dissolubility, including these traditions' views as to the socially binding character of these teachings. Jurisdiction-specific chapters focusing on countries across Northern, Central, Southern, and Eastern Europe examine the regulation of marriage formation and dissolution in the context of religious and other cultural influences.

This book brings together the insights of an international team of leading marriage-law scholars across Europe, and will be a significant resource for scholars of family law, legal history, and the history of religion.

Part I: The Formation and Dissolution of Marriage in the Christian Traditions

1a. The Formation and Dissolution of Marriage in the Western Catholic Tradition (From the New Testament to the Council of Trent)

Charles Donahue Jr (Harvard Law School, USA)

1b. The Formation and Dissolution of Marriage in the Western Catholic Tradition (From the Council of Trent to the Present)

Charles Donahue Jr (Harvard Law School, USA)

2. The Formation of Dissolution of Marriage in the Protestant Tradition

John Witte Jr (Emory Law School, USA)

3. The Formation and Dissolution of Marriage in the Orthodox Tradition

Gregg Roeber (Pennsylvania State University, USA)

Part II: The Legal Regulation of Marriage Formation and Dissolution in Europe, 1750 to the Present

I. Northern Europe

4. United Kingdom and Ireland

Rebecca Probert (University of Exeter, UK), Maebh Harding (University College Dublin, Ireland), Gillian Black (University of Edinburgh, UK) and Sharon Thompson (Cardiff University)

5. Denmark

Morten Kjaer (University of Southern Denmark)

6. Norway

John Asland (University of Oslo, Norway) and Katrine Kjærheim Fredwall (University of Oslo, Norway)

II. Western Europe

7. Germany

Saskia Lettmaier (University of Hamburg, Germany)

8. France

Jean-Louis Halperin (Paris Nanterre University, France)

9. Belgium and the Netherlands

Walter Pintens (University of Leuven, Belgium)

10. Austria