Fund og Forskning i Det Kongelige Biblioteks Samlinger最新文献

{"title":"Negotiating Marriage: Before, During, After","authors":"H. Johansen","doi":"10.7146/fof.v44i3.132986","DOIUrl":"https://doi.org/10.7146/fof.v44i3.132986","url":null,"abstract":"What does it means to negotiate marriage? According to the Longman Synonym Dictio-nary the meaning of the word negotiate is complex: “Bargain, make a deal, go back and forth, give and take, compromise, meet halfway, agree on, settle differences, settle, come to terms, contract, conclude, complete, finish.” The Merriam-Webster Dictionary of Synonyms and Anto-nyms mentions that negotiating is connected to arrange: “Negotiate, arrange mean to bring about through an exchange of views and wishes and agreement reached by bargaining and compromise … . Negotiate suggests that the dealings are carried on by diplomatic, business, or legal agencies …”, and “Arrange implies dealings intended for the restoration or establishment of order of those carried out between private persons or their representatives… Arrange a marriage as they did long ago”.Couples today negotiate their relationships and their marriage contract over and over again. They ask: what are my obligations – what are yours? In what way shall we take care of our children? How much time shall we spend outside the home, and as wage earners? What is best, to share property and income, or to retain separate economy and property? There are many de-manding tasks to fulfill in a modern marriage. A critical point is this: Is there really time for sex? Problems and tensions easily arise. Perhaps husband or wife finds comfort in alcohol, or through involvement in extramarital affairs. Some husbands even ventilate their frustration by the use of violence against the spouse and the children. When communication and negotiating fail in the private sphere, there is a good chance that things may go so wrong that negotiating has to con-tinue in the public sphere. Marriage counseling could be a solution or the case ends up in court. As mentioned in the dictionary negotiating may imply that the dealings are carried out by legal agencies. The negotiating couple has to decide on child custody and on how to share belongings and property.The concept “negotiating” is central in the study of modern marriage. Is this also true when we are concerned with the institution of marriage in the early modern period? In the extensive literature on gender and the family in early modern Europe, the study of marriage trouble, marital breakdowns and marriage negotiations have received increasing attention and, as a consequence, the topic of how marriage was negotiated in a legal and public setting has also been explored. The context is then both legal history and history of family and of gender.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"85 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128840358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"European Gender Structures in a Global Perspective","authors":"Merry Wiesner-Hanks","doi":"10.7146/fof.v44i3.132984","DOIUrl":"https://doi.org/10.7146/fof.v44i3.132984","url":null,"abstract":"For many historians, this conference is already extremely large in its scope—ranging over five centuries and across all of Europe, which in the case of the conference actually means all of Europe and not just England, France and Italy. I would like in these opening remarks to do something even broader: to place issues involving gender, power, and authority in Europe during these centuries, especially those issues that set out categories of less favored and more favored, within a global context.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"623 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116403543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Strategien vor Gericht? Die „velleianischen Freyheiten“ im sächsischen Recht (1648-1806)","authors":"Hendrikje Carius","doi":"10.7146/fof.v44i3.132992","DOIUrl":"https://doi.org/10.7146/fof.v44i3.132992","url":null,"abstract":"Im Rechtssystem des Alten Reiches galt der Senatus consultum velleianum als klassi-sches weibliches Rechtsinstitut für gerichtliche Argumentationen, der den Zugriff auf das Eigentum von Frauen verhindern konnte bzw. sollte. In charakteristischer Weise wurde etwa in Zedlers Universal-Lexicon 1747 das Institut damit begründet, dass „Frauen in Ansehung ihrer weiblichen Blödigkeit und Einfältigkeit, daß sie nicht listiglich und mit guten Worten etwan hintergangen werden und in Schaden kommen, […] daß sich das Weib damit helffen kann, wenn sie sich von ihren Mann, oder ihr eigen Gut, oder sich selbst verschreiben, daß solches nicht kräfftig sey, und geachtet wird, als wenn die Verschreibung niemals gesche-hen.“ Der im Usus modernus unter die Begriffe „Rechtswohltaten“ oder „weibliche Freyhei-ten“ subsumierte Senatus consultum velleianum war kein Bestandteil des mittelalterlich-deutschen Bürgschaftsrechts, sondern ging auf eine der wichtigsten Einschränkungsklauseln weiblicher Verpflichtungsfähigkeit im römischen Recht des Corpus Iuris zurück. Schutzbe-dürftig erschien die Frau vor allem wegen ihrer imbecillitas, fragilitas und der infirmitas se-xus, aus der unbedachte und für die Frau ungünstige Rechtsgeschäfte resultieren könnten. Dementsprechend unterlagen Frauen einem Interzessionsverbot für Geschäfte, die im Interes-se Dritter abgeschlossen wurden. Der Senatus consultum velleianum stand sowohl in den Normen als auch Diskursen in engem Zusammenhang mit der Geschlechtsvormundschaft, konnte allerdings auch in Rechtsregionen ohne Kuratel geltendes Recht sein.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117214430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"“Der Ehehimmel begann schon früh sich zu trüben”: Interdenominational Comparison of Divorce Proceedings","authors":"Birgit Stalder","doi":"10.7146/fof.v44i3.132989","DOIUrl":"https://doi.org/10.7146/fof.v44i3.132989","url":null,"abstract":"The following paper is based on the first provisional results of my doctoral dissertation. For about two years I have been working on an interdenominational comparison of legal records of divorce proceedings. I’ve been comparing resolution records of the civil court in Berne, a Protestant town in a Protestant canton of Switzerland, with the same kind of documents written at the civil court of Freiburg, a Catholic town in a Catholic canton. \u0000Courts are places of social negotiation, where norms are discussed and socially accepted gender-specific behavior is constructed. Divorce cases, in particular, reveal a lot about the relationship between the sexes and about the historical ideas of what a man is and what a woman is. This approach, close to historical anthropological research, begins with the couple and the balance of power in daily life, from whence I try to expand my knowledge to cover a macro-historical level.  I want to know more about the increasing state influence on private institutions such as marriage and family by means of laws and norms and about con-cepts of gender in this period. These concepts not only concern the couples I look at, but they also have an influence on society in general and its structures. \u0000The interdenominational comparison is a new point of view as far as divorce records are concerned. It is an important aspect when one works with documents of the 19th century in the field of Swiss legal History. In 1848, the modern Swiss Confederation was founded after a short war between the supporters of a political centralization, mostly the liberal, Protestant cantons, and the opponents of the new political system, the conservative, Catholic cantons. During the last third of the 19th century this conflict, Kulturkampf, arose again, but only on a political and mental level. The Protestants accused the Catholics of being guided by the Pope and tried to hold them back wherever they could. The Catholics felt suppressed and felt that their traditional values were given away.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121971968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Female Consort as Intercessor in Sixteenth-Century Saxony","authors":"Pernille Arenfeldt","doi":"10.7146/fof.v44i3.133005","DOIUrl":"https://doi.org/10.7146/fof.v44i3.133005","url":null,"abstract":"During the past ten to fifteen years the research interest in queens, female regents and consorts has grown rapidly. Continuing the approach advocated by gender and court historians alike, the analyses of women at the early modern courts have generally focused on informal forms of power. Although the increased emphasis on informal power has proved immensely productive in many respects, it has also resulted in oversimplifications and misleading anal-ogies; for example, in one study the agency of the female consort is reduced to a function of her marital relation and another historian concludes that the position of the female consort resem-bled that of the maîtresse or the court favorite. These conclusions also represent a conceptual – and highly political – problem because power is defined as access to the ruler. This implies that the ruler and other decision-makers are viewed as the “real” authorities. Unwittingly, the narrow view of politics and authority that gender historians persistently have striven to chal-lenge is thereby reconfirmed.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130486331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dowry and Inheritance, Gender and Empowerment in the ‘Notarial Societies’ of the Early Modern Greek World","authors":"A. Kasdagli","doi":"10.7146/fof.v44i3.132994","DOIUrl":"https://doi.org/10.7146/fof.v44i3.132994","url":null,"abstract":"This communication is something of a paradox. The project I am going to discuss here concerns an issue I have been working on for years, but on the other hand it is very much work in progress –and for technical reasons the progress is unfortunately much less advanced than I thought it would be when I first planned my contribution.First of all, the map illustrates what I mean by the term ‘notarial societies’ –mostly the world of the Greek islands – both along the western coast (Ionian islands) and the central Aegean (Cyclades and others), as well as in the south (Crete). The fall of Constantinople (1453) confirmed the Ottoman dominance on the major part of the former Byzantine Empire. However, some islands remained in Venetian hands or under various Latin lords affiliated with Venice (Khios with Genoa): major examples are Crete (until 1669), the Cyclades (to 1566) and the Ionian islands (to 1797). During the 17th century the Venetian presence was still strongly felt in the region. But the local population was – and remained – predominantly Greek in language and Greek Orthodox in religion. Those societies preserved the notarial tradition throughout the period and part of the vast amount of notarial acts has survived, throwing light on aspects of the social life about which there is very little evidence for the ‘non notarial’ parts of the region.Thus, the term ‘notarial societies’ designate those parts of the post Byzantine Greek world that preserved the medieval notarial tradition up to modern times. The extant notarial documents, therefore, outline the realities of populations, which in their majority shared a common language, religious creed and cultural (Byzantine) heritage. At the same time these were societies with differing physical characteristics, varying historical experiences, and different political and administrative framework, which moreover were subjected to variable cultural influences. All these factors are reflected in the significant regional variations that can be observed: take the example of the types of law regulating notarial practice, which offer a vital key for the interpretation of the information gleaned from the documents. At any given place the prevalent legal system might be any mixture of disparate elements: the Venetian law, in territories held by Venice; the customary law, which regulated most legal relations in regions like the Cyclades; and other influences, such as the feudal Frankish code used by the Latin rulers of formerly Byzantine lands; also, the canon law (which was in effect a continuation of Byzantine legal theory and practice) or the Islamic law, in places where Muslims had settled in large numbers.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129301368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Empress Agnes of Poitou (1043-1077). Reflections on the Legal Basis of Her Regency","authors":"Eva-Maria Butz","doi":"10.7146/fof.v44i3.133006","DOIUrl":"https://doi.org/10.7146/fof.v44i3.133006","url":null,"abstract":"During the 10th and 11th century Ottonian and Salian queens and empresses became more influential than ever before in the East-Frankish and German Empire. Evidence of female participation in governance is documented by the large number of interventions in royal charters, in addition to the designation of the empress as consors regni, as the co-partner in the reign. However, female rulers were not accepted on an equal footing with male rulers. Agobard of Lyon described already in the 9th century the empress as an essential assistant to the ruler, helping him in ruling and managing the court and empire.. At the beginning of the 11th century, Wipo, a writer at the royal court, denoted queen Gisela as necessaria comes, an indispensable companion of Conrad II. In her role as necessaria comes she was first and foremost the wife who proved to be an eminently efficient counsellor. To her 11th century contemporaries, a queen not only had the right but also the duty to be involved in ruling. However, she could not legally claim her share in power.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114295489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"More favored - less favored? Women and men in different marital property right systems: A comparative study of marital property rights in the Habsburg Empire during the 18th century","authors":"Gertrude Langer-Ostrawsky, Margareth Lanzinger","doi":"10.7146/fof.v44i3.132987","DOIUrl":"https://doi.org/10.7146/fof.v44i3.132987","url":null,"abstract":"Our paper focuses on several central points concerning pre-nuptial negotiations, the results of which were finalized in marriage contracts.There are two opposing systems of the law governing marital property regimes: the regime of matrimonial community of property or joint marital property, Gütergemeinschaft, and the regime of separation of marital property, Gütertrennung We compare two territories of the Habsburg Empire – the County of Tirol with the regime of separation of marital property dominating, and the Archduchy of Austria South of the River Enns (Lower Austria), with matrimonial community of property dominating in rural areas. For each territory, we concentrate on a single landed estate: Fridau-Weißenburg in the case of Lower Austria, and Innichen in the case of Tirol. Innichen was a small market town with a mixed economy based on agriculture and the trades; while the estate of Fridau-Weißenburg was more rural and agricultural and also preindustrial since the middle of the 18th century.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127615890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"„Doch das bei weitem schwierigste Ehehindernis ist das der Verwandtschaft“: Forbidden Marriage Between Incest Taboo and the Fortune of the Noble Family in 17th-18th-Century Germany","authors":"S. Schraut","doi":"10.7146/fof.v44i3.132998","DOIUrl":"https://doi.org/10.7146/fof.v44i3.132998","url":null,"abstract":"During the 17th and 18th century the German nobility called a planned marriage a pro-ject of marriage, because marriages had a long phase of planning, in which more then two people were involved. Noble projects of marriage had at least the function to create ever-lasting friendship between two noble families. This custom was part of the economic and po-litical strategies of the families involved and had often effects on the development of whole territories. Noble projects of marriage consequently concerned the family law as well as the law of the nobility and the church.I shall discuss the strategies of marriage of a special social group, the so-called Cath-olic German Reichsritterschaft during the 17th and 18th centuries. This noble group was re-garded as a strong partner of the German Imperial Catholic Church, the Reichskirche. Last but not least its members owed their remarkable political careers to the Church, but their idea of marriage were never-the-less in opposition to the canonical marriage laws; in fact, in planning exactly these political careers, which they owed to the Church, their concept of marriage clashed with the impediments to marriage that too close kinship posed. My paper aims at ana-lysing the marriage law of the Church as a papal instrument of influence over this special group of nobles.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131962230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Less Favored – More Favored: Queenship and the Special Case of Margrete of Denmark, 1353-1412","authors":"G. Jacobsen","doi":"10.7146/fof.v44i3.133003","DOIUrl":"https://doi.org/10.7146/fof.v44i3.133003","url":null,"abstract":"Some ten years ago, the German historian Armin Wolf published an article on reigning queens, that is, queens ruling in their own right not as spouse or widow of a king in medieval Europe. Among the women, he dealt with, was the Danish queen Margrete whom he considered representative of a general European pattern according to which women could inherit the throne and under special circumstances remain there. Margrete, however, does not fit into this pattern. She was regent and for a brief period reigning queen of three countries with different traditions and legislation concerning royal succession. The legal foundation of her reign was not inheritance, but a combination of traditional regency for a minor king and exceptional regency for the three kingdoms of Denmark, Norway and Sweden in general. The career of Margrete was founded on a mixture of rules and practices for female exercise of power, which combined with her great political intelligence produced an unusual career. The history of Margrete illustrates well the legal conditions in which gender could offer women advantages as well as disadvantages.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127852604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}