Abstract

In the eleventh and twelfth century a sacramental doctrine for the entire Catholic Church was established. It responded to a desire to clarify and consolidate an official theology. In this article I examine the concrete implications of this doctrine in twelfth century Canon Law, notably in the marriage legislation. The theories which, developed within the Church from the eleventh century and onwards put the emphasis on the personal side of marriage. The consent of the spouses became its sole legal foundation. I bring to the fore the role of sacramental doctrine in this development and its importance in the evolution towards the modern conception of marriage. In a wider perspective it can be regarded as part of the construction of the idea of human rignts.

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