
The Stigmatization As 'bastards' Of Children Born Outside Of Wedlock Is Commonly Thought To Have Emerged Early In Medieval European History. Christian Ideas About Legitimate Marriage, It Is Assumed, Set The Standard For Legitimate Birth. Children Born To Anything Other Than Marriage Had Fewer Rights Or Opportunities. They Certainly Could Not Become King Or Queen. As This Volume Demonstrates, However, Well Into The Late Twelfth Century, Ideas Of What Made A Child A Legitimate Heir Had Little To Do With The Validity Of His Or Her Parents' Union According To The Dictates Of Christian Marriage Law. Instead A Child's Prospects Depended Upon The Social Status, And Above All The Lineage, Of Both Parents. To Inherit A Royal Or Noble Title, Being Born To The Right Father Mattered Immensely, But Also Being Born To The Right Kind Of Mother. Such Parents Could Provide The Most Promising Futures For Their Children, Even If Doubt Was Cast On The Validity Of The Parents' Marriage. Only In The Late Twelfth Century Did Children Born To Illegal Marriages Begin To Suffer The Same Disadvantages As The Children Born To Parents Of Mixed Social Status. Even Once This Change Took Place We Cannot Point To 'the Church' As Instigator. Instead, Exclusion Of Illegitimate Children From Inheritance And Succession Was The Work Of Individual Litigants Who Made Strategic Use Of Christian Marriage Law. This New History Of Illegitimacy Rethinks Many Long-held Notions Of Medieval Social, Political, And Legal History.
This volume investigates the evolution of legitimacy and inheritance rights for children born outside of wedlock in medieval Europe, challenging the assumption that Christian marriage law was the primary driver of exclusion. Sara McDougall, a historian specializing in medieval legal and social structures, utilizes a wide array of primary sources and litigation records to demonstrate that lineage and social status were the dominant factors in determining a child's prospects until the late twelfth century. The author argues that the eventual marginalization of illegitimate children was not a top-down imposition by the Church, but rather the result of individual litigants strategically manipulating legal frameworks to secure or contest inheritances.
What You Will Find
Scope Limits
Scholars and historians recognize this work as a significant revisionist study that complicates traditional narratives regarding the influence of the Church on medieval family law. Readers frequently note the academic rigor of the research and the clarity with which the author navigates complex legal and social developments.
Page Count:
320
Publication Date:
2016-01-01
Publisher:
Oxford University Press
ISBN-10:
0191088846
ISBN-13:
9780191088841
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