Feminae: Medieval Women and Gender Index

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Record Number: 28185 Author(s)/Creator(s): Noonan , John T., Jr. Contributor(s): Title: Marital Affection in the Canonists Source: Collectanea Stephan Kuttner. II.  Edited by Giuseppe Forchielli and Alfons M. SticklerStudia Gratiana, 12.  Institutum Gratianum, 1967.  Pages 479 - 509. Description: Article Type: Essay Subject (See Also): Alexander III, Pope Canon Law Gratian, Canonist- Decretum Marital Affection Marriage Award Note: Geographic Area: General Century: 12- 13 Primary Evidence: Illustrations: Table: Abstract: “Maritalis affectio” is a term first used in classical Roman law to mean “intent to marry”. In Justinian it includes an emotion-colored quality not far from love. Undefined by Roman law, the term is a key concept in the Roman approach to marriage and is so recognized by the canonists. In Gratian, the term serves a primarily moral function: it designates a state of mind whose existence establishes a valid union although the couple have not observed the law of the Church or empire. It refers to a quality of consent – of consent not to intercourse or procreation but to the other as spouse. In Alexander III use of the term evolves. It is made the measure of behavior in an existing marriage: the Church, in restoring marriages, orders couples to love each other. In Innocent III the earlier usages are blended so that the phrase describes both consent and quality of behavior in marriage. Problems of proof led the canonists not to make absence of marital affection the main criterion of the invalidity of a union. The concept as developed by the canonists remains open for further application and evolution. Related Resources: Author's Affiliation: Conference Info: - , - Year of Publication: 1967. Language: English ISSN/ISBN: Not available

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