Overview

The twelfth and early thirteenth centuries saw some of the most important changes to marriage laws in European history, the foremost being the decision of the Catholic Church to recognize consent as an overriding requirement for marriage. Though this revolutionary position promised far greater personal freedom and individual autonomy, these promises went largely unfulfilled. By Consent Alone explores the developing laws of marriage in this period through the lens of the ""case"" (Kasus), a short narrative form that asks its audience to judge the new laws against the larger ideology of free consent. The book compares literary depictions of romance and marriage in seven canonical German romances with cases in the historical record, focusing on legal questions of consent, coerced consent, impediments to marriage, spousal abuse, and divorce. It argues that medieval German literature advocated for an expansive definition of individual and women's rights in marriage. Comparing the fictional depictions of marriage cases with historical law, By Consent Alone provides a unique window into medieval thought and the culture of marriage, often not as it was, but as it was wished to be.

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9781487560140

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Reviews

“By Consent Alone radically rethinks medieval German romance from around 1200 by viewing the texts as case studies in the strict sense: as speculative arrangements thinking through changing and evolving legal attitudes towards marriage and sexual consent. Jonathan Martin presents a fresh perspective on some of the most important medieval German works of literature. A fascinating read!” - Markus Stock, Professor of German and Medieval Studies, University of Toronto “Reading medieval German courtly romance in light of medieval canon law on marriage explodes entrenched notions about the rise of consent and reveals how radically this imaginative literature portrayed dilemmas between the Church's consensual ideology and aspects of customary marriage law and practice of its time. This study is indispensable for medievalists, literary scholars, those working with medieval Arthurian romance, as well as anyone interested in the history of marriage in the West.” - Ann Marie Rasmussen, Professor of German Emerita, Duke University “By Consent Alone is an impressive study of the intersections of medieval canon law, historical record, and medieval German romance around the issue of consent in marriage. Bringing German vernacular texts into the centre of twelfth- and thirteenth-century debates about marriage and consent, the author’s creative approach juxtaposes legal case studies with literary representations of similar configurations, making a valuable contribution to current scholarship in medieval studies across disciplines.” - Alexandra Sterling-Hellenbrand, Professor of German and Global Studies, Appalachian State University

""By Consent Alone is an impressive study of the intersections of medieval canon law, historical record, and medieval German romance around the issue of consent in marriage. Bringing German vernacular texts into the centre of twelfth- and thirteenth-century debates about marriage and consent, the author's creative approach juxtaposes legal case studies with literary representations of similar configurations, making a valuable contribution to current scholarship in medieval studies across disciplines.""--Alexandra Sterling-Hellenbrand, Professor of German and Global Studies, Appalachian State University ""By Consent Alone radically rethinks medieval German romance from around 1200 by viewing the texts as case studies in the strict sense: as speculative arrangements thinking through changing and evolving legal attitudes towards marriage and sexual consent. Jonathan Martin presents a fresh perspective on some of the most important medieval German works of literature. A fascinating read!""--Markus Stock, Professor of German and Medieval Studies, University of Toronto ""Reading medieval German courtly romance in light of medieval canon law on marriage explodes entrenched notions about the rise of consent and reveals how radically this imaginative literature portrayed dilemmas between the Church's consensual ideology and aspects of customary marriage law and practice of its time. This study is indispensable for medievalists, literary scholars, those working with medieval Arthurian romance, as well as anyone interested in the history of marriage in the West.""--Ann Marie Rasmussen, Professor of German Emerita, Duke University

Author Information

Jonathan Seelye Martin is an assistant professor of German at Illinois State University.

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