The church and sexuality in medieval Iceland

Although the Church's regulation of marriage and sex was felt by all Germanic tribes, this subject can be studied most closely in Iceland because of the richness of its source material. Four problems are examined here, from literary, legal, and historical sources, namely marriage, divorce, clerical celibacy and extramarital sex. All three categories of sources agree that marriage was a contractual arrangement between the families of the bride and the groom, as known elsewhere among Germanic tribes. They likewise concur that divorce was possible and easily obtainable. Clerical marriage, among both bishops and priests, was seen as acceptable in the legal and historical sources; the literary sagas do not deal with this issue. That extramarital sexual activities were common, is clear from the legal and historical sources but, in contrast, the literary materials depicts Icelandic couples as largely monogamous and faithful. This discrepancy between the historical and literary sagas, both products of the thirteenth century, can be explained by the growing influence of the Church, which by this time was attempting to introduce clerical celibacy and marital fidelity into Iceland. The thirteenth-century clerical authors of the literary sagas, set in ancient times, provided models intended to improve the sexual behavior of their audiences.     

"It Was Never Good World Sence Minister Must Have Wyves": clerical celibacy, clerical marriage, and anticlericalism in Reformation England

The impact of the Reformation was felt strongly in the nature and character of the priesthood, and in the function and reputation of the priest. A shift in the understanding of the priesthood was one of the most tangible manifestations of doctrinal change, evident in the physical arrangement of the church, in the language of the liturgy, and in the relaxation of the discipline of celibacy, which had for centuries bound priests in the Latin tradition to a life of perpetual continence. Clerical celibacy, and accusations of clerical incontinence, featured prominently in evangelical criticisms of the Catholic church and priesthood, which made a good deal of polemical capital out of the perceived relationship of the priest and the efficacy of his sacred function. Citing St Paul, Protestant polemicists presented clerical marriage as the only, and appropriate remedy, for priestly immorality. But did the advent of a married priesthood create more problems than it solved? The polemical certainties that informed evangelical writing on sacerdotal celibacy did not guarantee the immediate acceptance of a married priesthood, and the vocabulary that had been used to denounce clergy who failed in their obligation to celibacy was all too readily turned against the married clergy. The anti‐clerical lexicon, and its usage, remained remarkably static despite the substantial doctrinal and practical challenges posed to the traditional model of priesthood by the Protestant Reformation.     

‘I'd do it for love or for money’: Vietnamese women in Taiwan and the social construction of female migrant sexuality

Drawing on an ethnographic research in Vietnam and Taiwan, this article seeks to contribute to the global scholarship on migration and sexuality. It reveals interesting contradictions between the seemingly homogeneous stereotypes of Vietnamese women's sexuality, on the one hand, and the multiplicity and fluidity of actual sexual practices in real-life contexts, on the other hand. First, the presence of a number of chaste migrant women in our study challenges the common stereotype of female migrants as hypersexual and promiscuous menaces on the loose. Second, we question the emphasis on women's material greed and instrumentalism in normative discourses about Vietnamese women's engagement in extramarital relationship. While for some women in our research, sexual liaisons outside marriage are indeed orchestrated for financial gains, for others, extramarital sex is principally sought as a form of self-actualisation or an exploration of sexual pleasure and freedom that is absent from their marriage. The article emphasises the highly contextual nature of sexual norms and practices as well as the intersectionality of race, class and gender in the social construction of female sexuality in the context of transnational labour migration.     

The history of marriage and the myth of Friedelehe

The idea that Friedelehe and Muntehe constituted two distinct forms of Germanic marriage was based upon an attempt to reconstruct common Germanic culture with scraps of evidence from widely different times and places. A thorough re-examination of the sources for the institutions that were posited, based on this now outmoded methodology, reveals no evidence that transfer of Munt, or guardianship, distinguished between two different types of marriage, except perhaps in Lombard Italy, under the influence of Roman law. The idea that marriage with a dos is a different institution from marriage without one is not attested until the Carolingian period.     

Reconstructing the past in medieval Iceland

Locating and dating sagas is a difficult but still important task. This paper examines the relationship between the Sagas of Icelanders, which are concerned with tenth‐ and eleventh‐century events, and the contemporary sagas of the mid‐thirteenth century. Drawing upon models from anthropology, it looks at how contemporary ideas permeated these historicizing texts and how genealogy and geography act as structures around which the past is remembered. The many political relationships which occur in Laxdæla saga are analysed in relation to those from contemporary sagas from the same area of western Iceland. Since it appears that there is relatively little in common between the political situations depicted in Laxdæla saga and those portrayed in the contemporary sagas, it is likely that Laxdæla saga and the contemporary sagas were actually written down in different periods. It is possible, therefore, that the Sagas of Icelanders give us a view of the past which originates earlier than is usually suggested.     

Reflections on the History and Historians of the black woman’s role in the community of slaves: enslaved women and intimate partner sexual violence

Taking as points of inspiration Peter Parish’s 1989 book, Slavery: History and Historians, and Angela Davis’s seminal 1971 article, “Reflections on the Black Woman’s Role in the Community of Slaves,” this probes both historiographically and methodologically some of the challenges faced by historians writing about the lives of enslaved women through a case study of intimate partner violence among enslaved people in the antebellum South. Because rape and sexual assault have been defined in the past as non-consensual sexual acts supported by surviving legal evidence (generally testimony from court trials), it is hard for historians to research rape and sexual violence under slavery (especially marital rape) as there was no legal standing for the rape of enslaved women or the rape of any woman within marriage. This article suggests enslaved women recognized that black men could both be perpetrators of sexual violence and simultaneously be victims of the system of slavery. It also argues women stoically tolerated being forced into intimate relationships, sometimes even staying with “husbands” imposed upon them after emancipation.     

A gilded cage? Help and control in early Norwegian social policy

Between 1902 and 1972, Norway was the only country in Western Europe in which cohabitation without marriage was forbidden by law ("the concubinage clause"). Thirteen years after his arguably repressive clause was written into the criminal code, the Children Acts were introduced, giving Norwegian children born out of wedlock stronger social rights than in any other country at the time. Norway thus granted strong protection for children born outside marriage while extramarital sex in itself-in some circumstances- was forbidden. How can this paradox be understood? It has been argued that the Children Acts presupposed the concubinage clause, that the silk glove of the welfare state was only made possible by the iron fist of criminal law. This article studies the political debates preceding the two provisions and argues that both grew out of a particular understanding of the relationship between men and women. Extramarital sex was seen as something men did to women; thus, it could be argued that strengthening women's position in relation to that of men would lead to less immorality. Both the concubinage clause and the Children Acts were seen as means to this end.     

Coming of Age: Law,Sex and Childhood in Late Colonial India

This article revisits child‐marriage legislation in colonial India between 1891 and 1929 to re‐envision the ‘child’ as a subject constituted by laws governing sex, rather than as an a priori object requiring protection from patriarchal sexual norms. Focusing on the digital construction of the child in the twentieth century, this essay introduces a new angle from which to examine recent conclusions regarding child‐marriage reform in India. By drawing attention to an understudied figure, this article demonstrates the ways in which the problem of the child might transform understandings of the nation and its women; the universe of rights and the location of culture and the place of age as number in the formulation of legal subjectivities, colonial governmentality and humanitarian accounting in late colonial India.     

清代403宗民刑案例中的私通行为考察

男女私通在清代司法审理中占有相当的比重 ,表明它已构成当时不可忽视的一个社会问题。本文就当事者的年龄、婚姻、家庭状况以及他们之间的关系进行了数量统计和对比说明。根据案例的内容 ,把私通原因归纳为出于感情、家境困难或缺乏劳力、带有某种挟制性通奸和其他四大类 ,其中以前两类案例量最大、情况最复杂。并对私通产生的后果 ,传统道德、政府法律、婚姻家庭制度与私通的关系等等做了探讨。     

‘Partner in his Calamities’: Pastors' Wives,Married Nuns and the Experience of Clerical Marriage in the Early German Reformation

This essay examines what factors led the first clerical wives to marry former Catholic clergy and nuns to marry in the first decade of the Reformation in Germany and seeks to explain the difference that social class, geography and gender made in those decisions. In contrast to the later Reformation, when pastors married same or higher social status women, the majority of women who married former priests and monks during the 1520s were often lower or, in the case of nuns, significantly higher social status than their husbands. Women married clergy for a variety of reasons that were counterintuitive to typical marital strategies for economic security and social networking, since clergy had neither in the 1520s. While sharing a common experience, clerical wives' reasons for marriage to a pastor varied greatly depending on class, local decision about the Reformation and numerous personal factors. Using a variety of sources including letters, civic records, court testimony and published pamphlets, this article demonstrates that these women did exhibit a limited agency that ultimately helped shape larger social and political acceptance of clerical marriage.     

‘That's What Being A Woman Is For’: Opposition To Marital Rape Law Reform In Late Twentieth‐Century Australia

From 1976 until 1994, Australian states and territories introduced a raft of reforms to sexual assault laws. Most of these were welcomed, and were seen to reflect women's changing status within a modernising society. One reform, however, was especially contentious. The British law had proclaimed that a woman could not be raped within marriage: the marital bond included a husband's right to sexual access to his wife. Following South Australia's lead, all Australian jurisdictions introduced changes to this law, making it a crime to rape a woman within marriage, either before or after separation. It was a fundamental challenge to the way familial authority was conceptualised, established and policed. In a period where feminism had infiltrated many layers of political and social life, we might expect that this change to the law would have been greeted with relief and even celebration. The response to changes to marital rape laws was, however, both muted and ambivalent. Even feminist groups did not offer unequivocal support, and in general public opinion was at best reserved. Further, many conservative groups understood the new laws as an assault on the sanctity of the family itself. Drawing on a wide range of sources in the mainstream and alternative media, as well as parliamentary debates, government enquiries, academic studies and legal reports, this paper will explore the multifarious responses to legislative change. It uncovers the complex ways sexual violence and female bodily autonomy were understood within and beyond the borders and boundaries of the home and family.     

Marriage and the family in a Maltese parish: St. Mary's (Qrendi) in the eighteenth century

This article addresses the Maltese traditional family, taking St. Mary's (Qrendi) as a test case. It results that couples married in their early twenties, while a high proportion of men and women never married at all. Marriage was not popular so that one-fifth of all marriages were remarriages. Very few widows remarried and it was only for some economic reason that they sought another man. There is no evidence though that a high rate of celibacy resulted in flagrant promiscuity even if there is evidence that the Qrendin were not so particular about their sex life. No birth control was practiced within marriage and children followed one another regularly. This brings into relief the parents' unconcern for their offspring's future as well as the inferior status of women because husbands made their wives several offspring. Relations between the spouses were poor so that dissatisfied couples went their own ways.     

Critiquing the heteronormativity of the banal citizen in New Zealand's mediated civil union debate

This article extends Billig's (1995) landmark thesis on banal nationalism by considering how processes of national deixis circumscribe the boundaries of citizenship and forms of belonging within nation-states. Drawing on critical analyses of sexual citizenship, the article provides a discursive analysis of the debate over civil union in the New Zealand mainstream press during 2004–2005. It argues that this mediated debate represented an historical moment where the routine deictic flagging of the nation, and the correlated flagging of the ‘banal citizen’, fundamentally broke down, thereby allowing this unmarked and ‘ordinary’ process to be systematically examined. Four major discourses are identified in press coverage: ‘Homosexual’ subjects as abnormal and disordered, tolerance, equality and human rights, the sanctity of marriage and the preservation of the family (and the social order). Although the passing of the Civil Union Act does mark a (faltering) step forward in sexual equality, we argue that the presence of these discourses suggests that forms of both ontological and cultural heterosexism persist in New Zealand society. Despite the Act conferring new legal rights, ultimately we conclude that the four discourses act to restrict the extent to which ‘homosexual’ subjects are considered ‘valid’ and ‘legitimate’ citizens. In continuing to structure the public politics of sexual citizenship in New Zealand, these discourses have influenced recent debates over legislative moves towards ‘marriage equality’ in ways that raise concerns over the continuation of heterosexist norms, as well as exclusionary forms of homo-nationalism. More generally, this research demonstrates the effectiveness of Billig's work as a valuable and productive analytic lens to explicate concerns over the exclusionary nature of citizenship itself.     

Defining paganism in the Carolingian world

Generations of scholars have looked for evidence of ‘paganism’ in continental sources from the eighth and ninth centuries. This paper surveys some of the key problems in defining and conceptualizing the available literary evidence for such a project. Part one argues for a return to the sources to help escape the intellectual baggage created by discussions of ‘pan‐Germanic paganism’, interpretatio Romana and, more recently, folk practices. From the perspective of the sources’ producers, paganism needs to be understood as a category of difference employed to provide a better definition of Christianity itself. In part two this line of thought is pursued through a brief study of the ways in which classical learning framed not only Carolingian attitudes to paganism, but also related strategies of moralizing.     

Subjectivity and representation in descartes: The origins of modernity

Although ‘Burke and Irish history’ is a theme which has long been known to modern commentators, it has not necessarily been addressed sufficiently. This essay seeks to put forward a more comprehensive account of Burke's views on Irish history than has previously been offered by scholars. According to Burke, the protection of Christianity had brought flourishing science to seventh- and eighth-century Ireland. Nevertheless, the nation was plunged into a barbarous state after the invasions of the Danes and other northern tribes. Burke's sympathy with the Brehon law was possibly unique, although he was not uncritical of it. Unlike the Irish patriots, his chief concern with historical Ireland was not the origins of the Irish legislature. He was rather most interested in the religious affairs which had continued to plague the nation during history. Throughout his career, Burke considered the Irish Rebellion of 1641 to have been ‘provoked’, and continuously endeavoured to remove the penal laws imposed on the Roman Catholics after the Williamite Conquest of 1689–1691. In his view, despite the substantial increase in prosperity after 1688/9, the series of religious persecutions, as well as other oppressive policies, had still obstructed the further progress of Irish society.     

Sara Ruddick's theory of maternal thinking applied to traditional Irish mothering

This paper uses Sara Ruddick's theory of maternal thinking to explain patterns of Irish mothering that developed in Ireland following the Great Famine of 1845-1852. Ruddick's central thesis, that maternal thinking develops strategies for preserving the life of the child, fostering the child's growth, and shaping an acceptable child, is applied to the intersecting influences of famine memory, religion, education, and emigration in post-famine Ireland. The strict, moralistic, and highly inhibiting features of Irish culture that dominated the nineteenth and twentieth centuries are traceable to patterns of mothering that developed after the famine. While Irish mothers are often blamed for instilling values that stressed sexual repression and guilt, other cultural factors influenced maternal thinking. Mothers did foster highly repressive moral values that encouraged permanent celibacy and delayed marriage. This paper examines the larger cultural features that derived from political oppression and the famine as they imprinted these values.     

Speakers in the 17th-Century Irish Parliament*

In Ireland in the 17th century before the Battle of the Boyne, there were only five parliaments held. For these parliaments there was a total of 16 different individuals who acted as Speaker or made an attempt to become Speaker in the Commons or the Lords. This article will attempt to consider the possible criteria that may have been important in assessing the suitability of the candidates and also to see how many of those 16 are found to be suitable according to these conditions. We can be assured that the vast majority of those appointed and selected were politically reliable and that other issues such as legal training and legal experience are also common among most. However, ethnicity, religion (including attitudes to others' religion), family and marriage contacts, and administrative experience show that the Speakers did not always share a common background. To a certain extent, it may be deduced that these differences may be reflective of the changing political scene in Ireland over the course of this short 17th century. The performance and attributes of those who failed to become Speaker can also be useful in a study that attempts to understand the qualifications deemed desirable in a Speaker in 17th-century Ireland.     

On the origins and role of ‘wise women’ in causes for annulment on the grounds of male impotence

By 1215 the medieval Church's doctrine of marriage was established. The requirements for and impediments to marriage had been articulated and ecclesiastical courts began to enforce the canon laws governing marriage. One of the impediments to the formation of the bond was male impotence. This impediments posed difficulties to the courts, which used a variety of means to substantiate the allegation. One innovation of English origin was the use of wise women to examine the husband. How this practice developed and later spread to other parts of Europe can be explained by piecing together fragments of evidence from ecclesiastical courts, confessors' manuals, and other sources. The use of wise women helped to alleviate the problems which such cases could pose and, in the process, gave women a prominent role in the legal system. This investigation provides insights into the social and psychological as well as legal contexts of sexuality in the Middle Ages.     

‘Las Vegas is not where we are’: Queer readings of the Civil Partnership Act

This article interrogates the United Kingdom's new Civil Partnership Act, which is intended to create a new legal status of ‘civil partner’. The Act confers benefits and imposes legal responsibilities on those same-sex couples who register their relationships. Analysing the Governmental material produced in support of the legislation, as well as Parliamentary debates, the article provides a critical analysis of the ideological underpinnings of civil partnership. A series of dichotomies—marriage/not marriage; sex/no sex; status/contract; conjugality/care; love/money; responsibilities/rights—informs the Government's construction of the category of ‘same-sex partner’. Those dichotomies lend themselves to a deconstructive analysis, applying the insights of queer theory. The result is a skepticism regarding the Act's replication of a marriage model for same-sex couples. Instead, the article concludes by advocating the search for more pluralistic and flexible legal models that better represent the diversity of relationship forms found today.