Consanguinity as an Obstacle to Marriage in Roman Law and the Christian Tradition of Late Antiquity and the Early Middle Ages

Санжарова, Галина Федорівна and Мацелик, Михайло Олексійович and Санжаров, Валерій Анатолійович (2026) Consanguinity as an Obstacle to Marriage in Roman Law and the Christian Tradition of Late Antiquity and the Early Middle Ages Ukrainian Political and Legal Discourse (23). ISSN 3041-2110

Text H_Sanzharova_M_Macelyk_V_Sanzharov_UPLD_23_FRGF.pdf - Published Version Download (444kB)

Abstract

Purpose. The article is devoted to the study of the formation and development in Roman law and the Christian tradition of late Antiquity and the early Middle Ages of one of the legal and ethical obstacles to marriage in the form of consanguinity, kinship, or adoption. Methods. The methodological basis of the study is a complex of general scientific (analysis and synthesis) and special (linguistic, comparative law and systemic-structural) methods for analyzing the dynamics of the development of late antique and early medieval legal institutions and doctrines, their influence on the spread of marriage prohibitions in cases of blood relationship, and the prospects for modern study of the issue. Results. The different marriage components in the legal monuments of Roman, Roman-Byzantine and early Christian decretal, conciliar and synodal law are analyzed. It has been proven that 1) the idea of the decisive influence of the "primitive hostility of Christianity" to incest on the prohibition of consanguineous marriages is false; 2) the Roman legislative tradition was decisive for the development of medieval marriage law; 3) one of the conditions for the spread of the prohibition of consanguineous marriages was belonging to the Roman Empire and its successor states. It has been noted that among the persons between whom Roman law prohibited marriage due to close kinship were all direct relatives, as well as some collateral relatives; incest was punishable by death during the republic. It has been found that the legislation of the Roman emperors regarding blood relationship as an obstacle to marriage and divorce characterized the oscillation between the new Christian doctrine of marriage and the established tendency to continue the Roman legal tradition. The authors believe that the identification of a single "determining" factor in the emergence and expansion of incest prohibitions has exhausted its explanatory possibilities; the legislative consolidation of blood relationship as an obstacle to marriage was the result of the interaction of various factors. Conclusions. It has been proven that the spread of the ban on consanguineous marriages in both parts of the Christian world in late Antiquity and the early Middle Ages was part of the process of the Church's monopolization of marriage law. It is concluded that the secular and ecclesiastical marriage legislation of the Latin West and Byzantium during the period of late Antiquity and the Middle Ages strengthened the prohibition of consanguineous marriages, relying on the effectiveness of the Roman legal tradition and Christian moral and ethical norms, but primarily corresponded to the interests of the new imperial and post-imperial political elites.

Item Type:	Article
Uncontrolled Keywords:	History of Law; Roman Law; Canon Law; Marriage Law; Christianity; Prohibition of Consanguineous Marriages; Late Antiquity; Early Middle Ages
Subjects:	Статті у базах даних > Index Copernicus Статті у періодичних виданнях > Фахові (входять до переліку фахових, затверджений МОН)
Divisions:	Факультет романо-германської філології > Кафедра романської філології
Depositing User:	Галина Федорівна Санжарова
Date Deposited:	27 Aug 2026 09:39
Last Modified:	27 Aug 2026 09:39
URI:	https://elibrary.kubg.edu.ua/id/eprint/59404

Actions (login required)

View Item