Bigamy Research Papers - Academia.edu (original) (raw)

The issue – and rejection – of polygamy is deeply rooted in Western history and legal thought. Influenced by religious and civil concerns, the law's outlook on this practice is as clear in its position as its foundations are ambiguous.... more

The issue – and rejection – of polygamy is deeply rooted in
Western history and legal thought. Influenced by religious and civil
concerns, the law's outlook on this practice is as clear in its
position as its foundations are ambiguous. Since ancient times, European countries have consistently rejected polygamy. However, and especially since marriage became a sacrament, religious and legal thinkers have had to reconcile the biblical patriarchs' polygamy with therejection of the practice in the Christian world. Later, foreign practices and theological differences would feed an ongoing debate which continues to this day. From a pragmatic point of view, the fight against polygamy is mainly expressed through the rejection of mere bigamy. In both civil and common law jurisdictions, the rejection of polygamy goes back to the Middle Ages. Ernest Renan believed, somewhat angelically, that in the early days of Christendom "it wasn't necessary to ban polygamy", since it had already all but disappeared from Jewish customs, being "truly nothing more than an eccentricity, a royal privilege". The few cases of polygamous Jewish unions during the Empire did not attract much moral reprobation from the Jewish and Christian communities. The question did not become the object of Western reflection again until the religious troubles of the 16th century and the colonial era, when the legal straitjacket was somewhat loosened to allow certain polygamous unions, which then were strictly limited in the 19th century.

EDUARDO M. COJUANGCO, vs. ATTY. LEO J. PALMA Adm. Case No. 2474 September 15, 2004 Eduardo and Atty. Palma met sometime in the 70's. Eduardo was a client of well-known law firm and Atty. Palma was the lawyer assigned to... more

While previous examinations of the practice of clerical marriage have usually focused on its ecclesial and theological aspects, this study concretely examines the aspect of the marriage itself in canonical legislation from early church... more

While previous examinations of the practice of clerical marriage have usually focused on its ecclesial and theological aspects, this study concretely examines the aspect of the marriage itself in canonical legislation from early church councils to modern Anglican, Catholic, and Orthodox practice. Marriage, remarriage, and ritual purity of both the cleric and his wife was a matter of concern to canonists and theologians, in ways which shed new light on the intersection between marriage and ordination. In particular, the role of the wife is a prism by which wider conceptions of the utility or validity of married clergy is conceived. By understanding the shifting rhetoric and canonical interpretations, a better understanding of the fundamental questions concerning priesthood, marriage, and ontology contained within this subject are revealed. As the permanent diaconate presents anew in the Roman Catholic church the intersection between ordination and marriage, these underlying concerns have a new relevance with important ecumenical ramifications.

Neste estudo, analisa-se o processo inquisitorial da portuguesa Maria Ferreira, condenada em 1673 pelo tribunal do Santo Ofício, a sete anos de degredo no Brasil. A ré era acusada de bigamia, condição considerada pela Igreja um crime, um... more

Neste estudo, analisa-se o processo inquisitorial da portuguesa Maria Ferreira, condenada em 1673 pelo tribunal do Santo Ofício, a sete anos de degredo no Brasil. A ré era acusada de bigamia, condição considerada pela Igreja um crime, um grande pecado e uma grave suspeita de heresia. A análise do processo é feita sob uma perspectiva histórica, religiosa e jurídica, como também sob uma perspectiva linguística, por meio da descrição e análise dos vocábulos utilizados no processo pelos juízes da Inquisição. A análise do vocabulário inquisitorial tem como objetivo demonstrar que os usos da linguagem revelam a cultura e os modos de pensamento de uma sociedade e de uma época.

The main sources of this article are 750 matrimonial trials discussed before the ecclesiastical court in Venice (1420-1545). This article analyzes the differing conceptions of marriage held by the laity and by the ecclesiastical hierarchy... more

The main sources of this article are 750 matrimonial trials discussed before the ecclesiastical court in Venice (1420-1545). This article analyzes the differing conceptions of marriage held by the laity and by the ecclesiastical hierarchy as these ideas were expressed in a dialectical relationship in court. Central to this analysis is the concept of consent, since consent, with widely differing interpretations, formed the foundation and the essence of both canonical and lay customary marriage. In the pre-Tridentine ecclesiastical court, custom played a leading role in deciding matters related to the marriage bond. These sources allow access to aspects of marriage that are usually not recorded and make it possible to reevaluate social phenomena which have been defined from a post-Tridentine perspective as transgressive. Practices such as bigamy, concubinage, and stuprum appear not as deviant, but as part of socially accepted marital behavior that is much broader and more heterogeneous than historians have appreciated.

In the 1970s, a debate took place between the two Chief Rabbis, Shlomo Goren and Ovadia Yosef, concerning the granting of permission to a man whose wife was barren to marry a second wife. Israeli law at the time made the granting of such... more

In the 1970s, a debate took place between the two Chief Rabbis, Shlomo Goren and Ovadia Yosef, concerning the granting of permission to a man whose wife was barren to marry a second wife. Israeli law at the time made the granting of such a permission contingent upon the approval of both Chief Rabbis. In one case, which reached the Supreme Court of Israel, R. Goren declined to confirm the permission given by the rabbinical court. The article analyzes the debate that took place between the two rabbis, based among others on archival material that has not been examined before. The article suggests that the debate stemmed from broad and different worldviews represented by the two rabbis.
The debate surfaced again in the late 1970s, when the Knesset amended the existing law and determined that the approval of one Chief Rabbi is sufficient for approving a permit issued by the rabbinical court. Examination of the legislative procedures shows how the Chief Rabbis tried to shape the legislation according to their halakhic conceptions, and how eventually R. Yosef’s position prevailed, which led to an increase in the number of bigamous marriages of Jewish men in Israel.

The Council of Trent established the requirements that a marriage be celebrated by the parish priest and two or more witnesses be present at the marriage (1563), but neglected to specify who the parish priest was. The decrees provoked... more

The Council of Trent established the requirements that a marriage be celebrated by the parish priest and two or more witnesses be present at the marriage (1563), but neglected to specify who the parish priest was. The decrees provoked confusion among both laymen and churchmen. Traces thereof can be found in the hitherto essentially unexplored documentation of The Congregation of the Council. This institution was founded in 1564 specifically to resolve the questions that arose all over the catholic world by the application of the decrees promulgated at Trent. The related records are held in the Vatican Secret Archive. Through an examination of this documentation, complemented by files of the Holy Office the author analyzes how the new rules were understood, experienced, used, circumvented, and manipulated both by laymen and churchmen in order to end an unwanted marriage, to facilitate a union that was socially transgressive, opposed by family, or even heterodox, and to respond to pastoral concerns.

By the 16th century, canon law had long established a regulatory structure for the institution of marriage. Likewise, jurisprudence had developed a solid doctrinal system to deal with the numerous legal issues that marriage presented.... more

By the 16th century, canon law had long established a regulatory structure for the institution of marriage. Likewise, jurisprudence had developed a solid doctrinal system to deal with the numerous legal issues that marriage presented. Thus, it should come as no surprise that late Scholasticism offered very little in terms of totally new solutions to the most relevant problem areas. Nonetheless, the late Scholastic contribution to the specific area of family law was anything but trivial, not only because of its influence on the practice of law during that time, but also because of its importance in the history of legal thought. From this point of view, the jurists/theologians of the siglo de oro left a fundamental legacy to the subsequent doctrines of natural law and the Enlightenment through the methodology they employed.
The aim of this article is to provide an initial account of how exponents of the siglo de oro examined the complex issue of bigamy (more correctly, polygamy), which was of enormous practical impact in an era that was characterized by a high number of secret marriages. As innovators of Thomistic thought during the Counter-Reformation, they reflected on the problematic contrast between pluralitas uxorum and the natural ends of marriage. While they primarily relied on biblical texts and the word of Saint Thomas Aquinas, to a lesser extent they also considered the auctoritates of the ius commune.
Though there were some differences of opinion to be found among the various authors, late Scholastic speculation on this issue generally came to defend the traditional stances of the Church. As such, it was not the formulation of particularly original solutions that characterized this period, but rather the skill and insight that thinkers exhibited in philosophizing on what was rationally justifiable and in discussing the pros and cons of the issue.

As it begins to reflect on man, the Holy Scripture places him in the context of marriage. In both stories about the creation of the world in the early passages of the Bible-Genesis 1 (authored by the sacerdotal class) and Genesis 2... more

As it begins to reflect on man, the Holy Scripture places him in the context of marriage. In both stories about the creation of the world in the early passages of the Bible-Genesis 1 (authored by the sacerdotal class) and Genesis 2 (authored by the non-sacerdotal class)-the creation of man is de facto a creation of the first marriage. In biblical, dogmatic, moral or pastoral theology, these normative texts are treated as a biblical norm of the institution of matrimonium. Meanwhile, "normality" was different, and it is only against its backdrop that the profound novum addressed in the above-mentioned works emerges. In the present article I will discuss the main - in my opinion - difficulties of marriages in the Bible.

La moralidad sexual era un problema de suma importancia y muy recurrente en Nueva España; tomando en consideración que las prácticas sexuales lícitas estaban reservadas a la vida conyugal, cualquier actividad de matiz erótico realizada... more

La moralidad sexual era un problema de suma importancia y muy recurrente en Nueva España; tomando en consideración que las prácticas sexuales lícitas estaban reservadas a la vida conyugal, cualquier actividad de matiz erótico realizada fuera del matrimonio se consideraba como una desviación.
Para las autoridades eclesiásticas del siglo XVIII, la violación a un acto sacramental, como lo es el matrimonio, denotaba herejía, pero ¿realmente el dúplice matrimonio tenía tintes heréticos? ¿Transgredía el sacramento?

This article provides a solution to one of the most vexing textual problems in the study of the Damascus Document: the understanding of the phrase ‫בחייהם‬ in CD IV 20-21. It will be suggested that the pronominal suffix is to be... more

This article provides a solution to one of the most vexing textual problems in the study of the Damascus Document: the understanding of the phrase ‫בחייהם‬ in CD IV 20-21. It will be suggested that the pronominal suffix is to be understood as a feminine dual referring to two women in their lifetime, thus disambiguating the phrase to mean a prohibition against bigamy while obviating the need to emend the text. Behind the phrase "by taking two wives in their lifetime" are the law of incest of Lev. 18:18 and the story of Rachel and Leah who were rival sisters and who were married at the same time to Jacob. The use of the feminine dual in the book of Ruth is a key to this solution. The Damascus Document interprets Leviticus 18 to be advocating an ideal monogamous partnership, ignoring other biblical laws that govern polygamous relationships.

In the year 1685, the conformist culture of Leipzig was scandalized by Christian Thomasius' lessons on the topic of bigamy. The German philosopher made a clear distinction between human law, divine positive law and natural law, and while... more

In the year 1685, the conformist culture of Leipzig was scandalized by Christian Thomasius' lessons on the topic of bigamy. The German philosopher made a clear distinction between human law, divine positive law and natural law, and while he admitted that bigamy went against the principles of the first two, he sought to rationally demonstrate how polygamous conduct (both for men and women) was not in any way forbidden by natural law. Indeed, polygyny did not hinder the sociality of a man, nor did it impede the aims of conjugal society; and polyandry, which was especially opposed by the doctrine of the time, was not incompatible with the ascertainment of paternity or the mutual support of spouses.

The Council of Trent had insisted in regulating marriage and had ratified its status as a sacrament and therefore its indissolubility. The Council of Trent had established the rituals for the solemn celebration of marriage and it had... more

The Council of Trent had insisted in regulating marriage and had ratified its status as a sacrament and therefore its indissolubility. The Council of Trent had established the rituals for the solemn celebration of marriage and it had insisted in controlling it through the parish registers. However, life followed its own rules and women, sometimes left alone, seek their own way of survival; the most common being marriage, symbol of protection, company, and especially of subsistence. This lead to the continuation of a crime that experts have defined as successive bigamy as opposed to simultaneous bigamy. That is the profile of bigamous women in the inquisitorial district of Seville during the Modern Era.

Aile bir kadın ve erkeğin, ömürlerinin kalan kısmını beraber geçirmek üzere sevgi, saygı ve güven üzerine kurulan evlilikleriyle başlayan ve toplumun en küçük ve temel birimi olan kurumdur. Birlikte geçirilen yıllar çocuk, torun ve... more

Aile bir kadın ve erkeğin, ömürlerinin kalan kısmını beraber geçirmek üzere sevgi, saygı ve güven üzerine kurulan evlilikleriyle başlayan ve toplumun en küçük ve temel birimi olan kurumdur. Birlikte geçirilen yıllar çocuk, torun ve akrabaların artmasıyla aileyi genişletir. Ancak tarih boyunca hemen her toplumda yaşanagelmiş bir durum vardır ki, çoğu zaman aile içinde benzer sebeplerle ortaya çıkmış ve benzer olaylarla sonlanmıştır. Bu durum özellikle ataerkil toplumlarda erkeğin ikinci evlilik yapması ve bunu ya ilk eşinden ayrılarak ya da iki eşli yaşayarak sürdürmesidir. Batı medeniyetinin kültürel başkenti olarak kabul edilen ve genelde tek eşliliğin benimsendiği Antik Yunan toplumunda erkeklerin ikinci evlilikleri, iki Antik Yunan trajedisinde iki mitolojik öykü üzerinden değerlendirilecektir. Sophocles'in Trakhisli Kadınlar'ında Herakles gençlik ve güzellik, Euripides'in Medea'sında Jason güç ve para gerekçesiyle ikinci kez evlenir. Sırasıyla eşleri Deianeira ve Medea'nın ikinci eş konusundaki kıskançlık dolu tepkileri ve kabullenemeyişleri, kocalarının mantık ve bencillik dolu ikna çabaları, o toplumun sağduyusu ve akıl hocası rolündeki koronun yorum ve telkinleriyle bu iki oyun, yaklaşık 2500 yıl önceki Yunan toplumunun aileye ve çok eşliliğe bakışını net bir şekilde yansıtmaktadır. Tiyatronun toplumun aynası olduğu düşünüldüğünde, bu çalışmada ele alınacak oyunlar tarihsel, antropolojik, folklorik ve kültürel çalışmalara katkıda bulunacak ve bugünle karşılaştırma şansı sağlayacaktır. Ayrıca kadın ve erkeğin evlilik kurumuna bakışı, buradaki konumu ve rolü ile ataerkil toplumda evlilik anlayışı çalışmada ele alınacaktır.

The Witch of Edmonton, a 1621 domestic tragedy by Thomas Dekker, John Ford and William Rowley, dramatizes the cruel social logic by which the innocent second wife of a bigamist could be labelled a whore for having carnal relations outside... more

The Witch of Edmonton, a 1621 domestic tragedy by Thomas Dekker, John Ford and William Rowley, dramatizes the cruel social logic by which the innocent second wife of a bigamist could be labelled a whore for having carnal relations outside of a legitimate marriage, and could experience relief when her death releases her from this paradox. Much has been written about this play’s depiction of women who suffer because they do not fit into the strict categories delineated by conventional morality, and recent studies have debated the extent to which its climactic image of social harmony allows some voice for such women, but this article proposes an overlooked context within which the original audience might have experienced the character of the second wife. Early modern English plays about bigamy are normally reluctant to address directly the problem of the second wife and her status, but William Rowley’s tragedy All’s Lost by Lust (c.1619-20), based on an Italian tale about violent revenge upon a bigamist, prefigures The Witch of Edmonton in its detailed representation of a second wife. Rowley’s highly unusual play takes the character in a very different direction by having her violently contest her elision from the drama’s conclusion. Nonetheless, reading The Witch of Edmonton in the light of All’s Lost by Lust shows how Rowley and his collaborators were reworking in a more conventional form his representation of the bigamist’s second wife as a disruptive presence who challenges the moral structures that oppress her.