Approaching the Legal Regime of Consensual Abduction Through History
Abduction was considered a way to access marriage in the ancient world. Even if it wasn’t lawful, Mythology leaves us traces of this conduct, which was acceptable in Roman society when the kidnapped woman’s consent was present. Constantine, for reasons that we can only suppose harshly prohibited th...
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| Format: | Article |
| Language: | German |
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STS Science Centre Ltd.
2023-07-01
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| Series: | Journal on European History of Law |
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| Online Access: | https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/14 |
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| author | Adolfo Antonio Díaz-Bautista Cremades |
| author_facet | Adolfo Antonio Díaz-Bautista Cremades |
| author_sort | Adolfo Antonio Díaz-Bautista Cremades |
| collection | DOAJ |
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Abduction was considered a way to access marriage in the ancient world. Even if it wasn’t lawful, Mythology leaves us traces of this conduct, which was acceptable in Roman society when the kidnapped woman’s consent was present. Constantine, for reasons that we can only suppose harshly prohibited this practice, punishing it with the death of all those involved (even the raped woman). Its regulation went back to the Middle Ages but it was modulated, accepting the remission of the sentence in case of agreement between the parties. This way, a private crime was established in modern times which allowed the woman to take action against the abductor unless they married, thus forcing him to fulfil his marriage promises.
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| format | Article |
| id | doaj-art-40cf54cd5e364078bb24e4d0311a8897 |
| institution | Matheson Library |
| issn | 2042-6402 3049-9089 |
| language | deu |
| publishDate | 2023-07-01 |
| publisher | STS Science Centre Ltd. |
| record_format | Article |
| series | Journal on European History of Law |
| spelling | doaj-art-40cf54cd5e364078bb24e4d0311a88972025-08-03T21:46:54ZdeuSTS Science Centre Ltd.Journal on European History of Law2042-64023049-90892023-07-01141Approaching the Legal Regime of Consensual Abduction Through HistoryAdolfo Antonio Díaz-Bautista Cremades0Universidad de Murcia, Spain Abduction was considered a way to access marriage in the ancient world. Even if it wasn’t lawful, Mythology leaves us traces of this conduct, which was acceptable in Roman society when the kidnapped woman’s consent was present. Constantine, for reasons that we can only suppose harshly prohibited this practice, punishing it with the death of all those involved (even the raped woman). Its regulation went back to the Middle Ages but it was modulated, accepting the remission of the sentence in case of agreement between the parties. This way, a private crime was established in modern times which allowed the woman to take action against the abductor unless they married, thus forcing him to fulfil his marriage promises. https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/14AbductionConsentMarriageWomen in RomeRoman Criminal Law |
| spellingShingle | Adolfo Antonio Díaz-Bautista Cremades Approaching the Legal Regime of Consensual Abduction Through History Journal on European History of Law Abduction Consent Marriage Women in Rome Roman Criminal Law |
| title | Approaching the Legal Regime of Consensual Abduction Through History |
| title_full | Approaching the Legal Regime of Consensual Abduction Through History |
| title_fullStr | Approaching the Legal Regime of Consensual Abduction Through History |
| title_full_unstemmed | Approaching the Legal Regime of Consensual Abduction Through History |
| title_short | Approaching the Legal Regime of Consensual Abduction Through History |
| title_sort | approaching the legal regime of consensual abduction through history |
| topic | Abduction Consent Marriage Women in Rome Roman Criminal Law |
| url | https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/14 |
| work_keys_str_mv | AT adolfoantoniodiazbautistacremades approachingthelegalregimeofconsensualabductionthroughhistory |