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A History of Family Law in Europe, Volume 1: The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories

Edited by: Saskia Lettmaier, Rebecca Probert

ISBN13: 9781509987184
To be Published: January 2027
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00





This interdisciplinary collection illuminates the religious roots of marriage and divorce in Europe and their divergent history from the 18th century to the present day.

The 18th century was a pivotal period in terms of how the rules governing marriage and divorce were determined, with authority to set and adjudicate on rules shifting from religious authorities to the state. This book evaluates these historical developments, paying particular attention to the waxing or waning influence of religious institutions, values, or norms and whether further suggestions for reform have been made.

Volume 1 of A History of Family Law in Europe examines how, and the extent to which, marriage formation and dissolution are regulated in the written texts of the Catholic, Protestant, and Orthodox traditions. The contributors analyse the respective traditions' teachings on marriage formation, marital impediments, and dissolubility, including these traditions' views as to the socially binding character of these teachings. Jurisdiction-specific chapters focusing on countries across Northern, Central, Southern, and Eastern Europe examine the regulation of marriage formation and dissolution in the context of religious and other cultural influences.

This book brings together the insights of an international team of leading marriage-law scholars across Europe, and will be a significant resource for scholars of family law, legal history, and the history of religion.

Subjects:
Legal History
Contents:
Part I: The Formation and Dissolution of Marriage in the Christian Traditions
1a. The Formation and Dissolution of Marriage in the Western Catholic Tradition (From the New Testament to the Council of Trent)
Charles Donahue Jr (Harvard Law School, USA)
1b. The Formation and Dissolution of Marriage in the Western Catholic Tradition (From the Council of Trent to the Present)
Charles Donahue Jr (Harvard Law School, USA)
2. The Formation of Dissolution of Marriage in the Protestant Tradition
John Witte Jr (Emory Law School, USA)
3. The Formation and Dissolution of Marriage in the Orthodox Tradition
Gregg Roeber (Pennsylvania State University, USA)

Part II: The Legal Regulation of Marriage Formation and Dissolution in Europe, 1750 to the Present
I. Northern Europe
4. United Kingdom and Ireland
Rebecca Probert (University of Exeter, UK), Maebh Harding (University College Dublin, Ireland), Gillian Black (University of Edinburgh, UK) and Sharon Thompson (Cardiff University)
5. Denmark
Morten Kjaer (University of Southern Denmark)
6. Norway
John Asland (University of Oslo, Norway) and Katrine Kjærheim Fredwall (University of Oslo, Norway)

II. Western Europe
7. Germany
Saskia Lettmaier (University of Hamburg, Germany)
8. France
Jean-Louis Halperin (Paris Nanterre University, France)
9. Belgium and the Netherlands
Walter Pintens (University of Leuven, Belgium)
10. Austria
Karin Neuwirth (Johannes Kepler University, Austria)
11. Switzerland
Andreas Thier (University of Zurich, Switzerland)

III. Southern Europe
12. Spain
Carlos Martínez de Aguirre (University of Zaragoza)
13. Italy
Mark Seymour (University of Otago, New Zealand)
14. Greece
Evdoxios Doxiadis (Simon Fraser University, Canada)

IV. Eastern Europe
15. Poland
Piotr Fiedorczyk (University of Bialystok, Poland)
16. Hungary
Orsolya Agnes Szeibert (ELTE, Hungary)
17. Bulgaria
Simeon Groysman (Sofia University, Bulgaria)
18. Estonia and Latvia
Marju Luts-Sootak (University of Tartu, Estonia) and Susann Liin (Supreme Court of Estonia)

Conclusion: Marriage Formation and Dissolution in Europe in Historical-Comparative Perspective
Rebecca Probert (University of Exeter, UK) and Saskia Lettmaier (University of Hamburg, Germany)