Laws on Jews, [Marcus Introduction] Las siete partidas, the Seven-Part Code, is one of the most remarkable law codes of medieval times.
Woodruff Professor of Law; Alonzo L. This Article is drawn in large part from John Witte, Jr. And I express my deep thanks to several fine scholars who helped me with various parts of this text, and the broader project from which it is drawn: Broyde, Rafael Domingo, Mark A.
Goldfeder, Judith Evans Grubbs, R. Reynolds, and Mathias Schmoeckel. Abstract Questions about polygamy are likely to dominate Western family law in the next generation. On the frontier of Western family law are hard questions about extending the forms of valid marriage to include polygamy and extending the forums of marital governance to include religious and cultural legal systems that countenance polygamy.
This Article analyzes the 1, year tradition of Western laws against polygamy and the growing constitutional and cultural pressures to reform these laws today. I show how the traditional Western cases against polygamy and same-sex unions used strikingly different arguments drawn from the Bible, nature, rights, harm, and symbolism.
I conclude that, because these arguments are so different, Western nations can responsibly hold the line against polygamy, even if they choose to accept same-sex marriage and its accompanying norms of sexual liberty, domestic autonomy, equality, and nondiscrimination.
I reject ideological arguments, pro and con, that anti polygamy laws are a form of traditional Christian morality. I reject slippery slope arguments, from the right and the left, that acceptance of same sex marriage must inevitably lead to acceptance of polygamous marriage.
And I reject arguments from domestic and international sources that religious freedom norms command the accommodation, if not validation, of religious polygamy.
The West may, and in my view should, politely say no Las siete partidas laws on jews polygamy. An Appendix to the Article provides a detailed guide to different forms and terms of plural marriage discussed and prohibited in the West—real polygamy, constructive polygamy, successive polygamy, and clerical polygamy.
Introduction For more than 2, years, the Western legal tradition has defined lawful marriage as the union of one man and one woman with the fitness, capacity, and freedom to marry each other. This was the dominant normative teaching of ancient Greeks and Romans, first millennium Jews and Christians, medieval Catholics and early modern Protestants, modern Enlightenment philosophers and liberals, common law and civil law jurists alike.
While monogamous marriage is neither good for everyone nor always good, all these traditions have argued, in general and in most cases, monogamous marriage brings essential private goods to the married couple and their children, and vital public goods to society and the state.
See the Appendix herein, infra notes —86 and accompanying text, for an overview of the shifting and confusing terminology. While a few Western writers and rulers have allowed polygamy in rare individual cases of urgent personal, political, or social need, virtually all Western writers and legal systems have denounced polygamy as an alternative form of marriage and have denounced the occasional polygamous experiments of early Jewish aristocrats, 3See John Witte, Jr.
The historical sources commended monogamy on various grounds. Marriage, Religion, and Law in the Western Tradition 2d ed.
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This latter logic now applies to same sex couples, too, who have gained increasing rights in the West in recent years, including the rights to marry, adopt, and parent in some places.
The historical sources condemned polygamy on a number of grounds. The most common argument was that polygamy was unnatural, unfair, and unjust to wives and children—a violation of their fundamental rights in modern parlance.
Polygamy, moreover, was also too often the cause, corollary, or consequence of sundry other harms, crimes, and abuses.
And polygamy, according to some more recent writers, was a threat to good citizenship, social order, and political stability, even an impediment to the advancement of civilizations toward liberty, equality, and democratic government.
For nearly two millennia, the West has thus declared polygamy to be a crime and has had little patience with various arguments raised in its defense. With the growing liberalization of traditional Western norms of sex, marriage, and family life in recent decades, and with the escalating constitutional battles over same-sex marriage, these traditional Western criminal laws against polygamy are coming under increasing pressure.
Utah holding that Kody Brown and his sister wives faced a credible threat of prosecution for bigamy from Utah authorities and thus had standing to press a federal constitutional case against the county attorney for chilling their First Amendment free speech rights in airing their show and advocating their polygamous lifestyle.
The first sustained scholarly arguments for legal toleration if not state recognition of polygamy have been pressed—with various liberals and libertarians, Muslims and Christians, philosophers and social scientists, multiculturalists and counterculturalists finding themselves on the same side.
The first wave of popular media portrayals of good polygamous families in America has now broken with shows like Big Love and Sister Wives stoking the cultural imagination and sympathy much like Ozzie and Harriet and Little House on the Prairie had done for prior generations of urban and rural families.The Crown of Castile was a medieval state in the Iberian Peninsula that formed in as a result of the third and definitive union of the crowns and, some decades later, the parliaments of the kingdoms of Castile and León upon the accession of the then Castilian king, Ferdinand III, to the vacant Leonese urbanagricultureinitiative.com continued to exist as a separate entity after the personal union in of.
Visigothic law codes regularly included kgislation relating to Jews, and such regulations continued to concern Christian rukrs and jurists in the later Midd/,e Ages. By the thir teenth century, however,Jews were not the only religious minority living under Christian ru/,e, and law codes began to include laws pertaining to Muslim subjects.
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Las Siete Partidas: Laws on Jews, [Marcus Introduction] Las siete partidas, the Seven-Part Code, is one of the most remarkable law codes of medieval times.
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