The conjugal debt and medieval canon law

Abstract

Marriage in Western European society was the preserve of the Christian Church throughout the later middle ages. The law of the Church played a significant role in the formation of doctrine concerning that institution, including the sexual relationship of spouses. Adopting a debt-model of conjugal relations, the canonists maintained that each partner owed marital coitus to the other. The lawyers emphasized the mutually binding character of this obligation, and consistently dejended the right of spouses to exact their marital due, insisting that this duty could be abrogated only by mutual consent. As heirs to an ascetic patristic tradition, however, the lawyers tended to be suspicious of fleshly pleasure. A peculiar and ambivalent doctrine resulted from this tension between an appreciation of the intrinsic goodness of the married state and a distrust of sex, one of its major constituents.

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