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Women and Family Law in Byzantium : Some Notes

Megalommati, Niki

Historical reflections, 2017-03, Vol.43 (1), p.19-32 [Periódico revisado por pares]

Waterloo: berghahn journals

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  • Título:
    Women and Family Law in Byzantium : Some Notes
  • Autor: Megalommati, Niki
  • Assuntos: Analysis ; Civil law ; Dissolution ; Divorce ; Family law ; Interpretation and construction ; Laws, regulations and rules ; Legal rights ; Legislation ; Marriage ; Middle Byzantine Empire, ca. 650-1024 ; Mothers ; Social aspects ; Wives ; Women
  • É parte de: Historical reflections, 2017-03, Vol.43 (1), p.19-32
  • Descrição: This article addresses the impact of family law on women during the Middle Byzantine period, 726–1204. Restricted to household roles, marriage provided betrothed women, wives, and mothers with certain legal protections. In the Middle Byzantine period conceptions and practices concerning betrothal, marriage, and dissolution of marriage were not consistent because both the church and the state determined sometimes contrasting rules and laws. The civil law protected women with respect to betrothal and marriage; pressure from the church, however, resulted in harsh laws concerning dissolution of marriage. Canon law nevertheless claimed that both sexes had quite identical legal rights in divorce, and women escaped from unhealthy marriages in certain circumstances. It seems that through its own legislation and its impact on civil law, the church enforced women's position in marriage. At issue is whether this favorable treatment corresponded to social changes that improved the position of women in the Middle Byzantine era.
  • Editor: Waterloo: berghahn journals
  • Idioma: Inglês

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