AD AGENDAM PENITENTIAM PERPETUAM DETRUDATUR MONASTIC INCARCERATION OF ADULTEROUS WOMEN IN THIRTEENTH-CENTURY CANONICAL JURISPRUDENCE
Medieval canon law recognized detrusion (detrusio in monasterium) as a sentence for women convicted of adultery. Civil law had made adultery a capital crime, so that detrusio was a milder action. This article traces the history of detrusio in canon law, especially in the thirteenth century, and trea...
Main Author: | |
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Format: | Electronic Article |
Language: | English |
Check availability: | HBZ Gateway |
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Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
Published: |
2017
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In: |
Traditio
Year: 2017, Volume: 72, Pages: 301-340 |
Further subjects: | B
Detrusion (detrusio in monasterium)
B Decretals B Bernard of Parma B Corpus Iuris Civilis B Johannes Teutonicus B Justinian B Huggucio of Pisa B Gregory IX B Innocent III |
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Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
Parallel Edition: | Electronic
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Summary: | Medieval canon law recognized detrusion (detrusio in monasterium) as a sentence for women convicted of adultery. Civil law had made adultery a capital crime, so that detrusio was a milder action. This article traces the history of detrusio in canon law, especially in the thirteenth century, and treats further questions that detrusio raised. Detrusio was originally a pastoral provision, meant to provide a woman rejected by her husband for adultery an opportunity to enter religious life. But in the hands of the jurists detrusio became a coercive ecclesiastical penalty for adultery. The practice raised further concerns, for example: how the woman's property was to be treated; whether the woman sentenced to detrusio became a religious; whether a monastery should be a site of confinement for the laity; and, under what conditions a husband could take his adulterous wife back. The case was also raised of a man who accused his wife of adultery so that he could dissolve his marriage and enter a monastery. |
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ISSN: | 2166-5508 |
Contains: | Enthalten in: Traditio
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Persistent identifiers: | DOI: 10.1017/tdo.2017.13 |