Family Law and Society in Europe from the Middle Ages to the Contemporary Era

1. Front Matter

   Pages i-xvii

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2. Christian Influence on Modern Family Law

   • Mathias Schmoeckel

   Pages 1-19

3. The Catalan Sagrada Família: Law and Family in Medieval and Modern Catalonia

   • Tünde Mikes, Tomàs de Montagut

   Pages 21-49

4. Adoption Between Ancien Régime and Codification: Is It in Remission in a Changing World?

   • Maria Gigliola di Renzo Villata

   Pages 51-92

5. A Consilium of Torello Di Niccolò Torelli of Prato on Dos Aestimata

   • Julius Kirshner

   Pages 93-108

6. Property of Spouses in Law in Renaissance Florence

   • Thomas Kuehn

   Pages 109-134

7. The English Law of Marriage and the Family (1500–1640)

   • R. H. Helmholz

   Pages 135-154

8. Towards a New Era of Modernity? Late Scholastic Speculation on Bigamy and Polygamy

   • Stefania T. Salvi

   Pages 155-185

9. The Father’s Right to Kill His Adulterous Daughter in the Late Ius Commune

   • Andrea Massironi

   Pages 187-215

10. Duæ Animæ in Una Carne. The Disqualification of the Spouses in Common Law

    • Yves Mausen

    Pages 217-227

11. Fathers by Law, Fathers by Choice. Paternity and Illegitimacy Between Ancien Régime and Codification in Western Countries

    • Chiara Valsecchi

    Pages 229-255

12. Honour and Guilt. A Comparative Study on Regulations on Infanticide Between the Nineteenth and Twentieth Century

    • Loredana Garlati

    Pages 257-281

13. Children of a Lesser God. The Legalized Exploitation of Child Labour as Revealed by the Liberal Era Judicial Record (Late 19th—Early 20th Century)

    • Filippo Rossi

    Pages 283-312

14. What Can We Learn from a Family Law Course? The Teachings of an Early 20th Century Italian Professor

    • Annamaria Monti

    Pages 313-330

15. Torts of Minor Children and Parental Civil Liability: Cases in Nineteenth and Early Twentieth Century Italy

    • Giovanni Chiodi

    Pages 331-371

16. Back Matter

    Pages 373-374

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This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians.

The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.

• Family law and Society in Europe
• Family Law and Cristian influence
• Adoption Between Ancien Régime and Codification
• Civil Courts and Child Labour (19th- early 20th century)
• Marriage Law-England (16th-17th century)
• Marriage Law-Women's Property- Florence (15th century)
• Impediments to Marriage: Bigamy (16th century)
• Adultery-Father's Rights (late ius commune)
• Infanticide (19th-20th century)
• Parental Civil Liability (19th-early 20th century)
• Paternity and Bastardy (19th century)
• Second Scholasticism
• Education of Children (19th-early 20th century)
• Marriage -Exclusion of Witnes
• Family Society and Juridical Science (early 20th century)
• Marriage Law- England (15th century)

• Department of private law and legal history, University of Milan , Milan, Italy

  Maria Gigliola di Renzo Villata