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Updated: July 11, 2025
If we turn from the Canonists to the writings of a modern like Ellen Key, who so accurately represents much that is most characteristic and essential in the late tendencies of marriage development, we seem to have entered a new world, even a newly illuminated world. For "in the new sexual morality, as in Corregio's Notte, the light emanates from the child."
Besides qadhis who settle legal disputes of a certain kind according to the revealed law, the state requires its own advisers who can explain that law, i.e., official muftis. Firstly, the government itself may be involved in a litigation; moreover in some government regulations it may be necessary to avoid giving offence to canonists and their strict disciples.
Contracts of this kind, though originally chiefly employed in overseas enterprise, afterwards came to be utilised in internal trade and manufacturing industry. The legitimacy of the profits of the commendator never seems to have caused the slightest difficulty to the canonists.
But for these subjects the Khalif is then their true prince, who is temporarily hindered in the exercise of his government, but whose right is acknowledged even by their unbelieving masters. In yet another respect the canonists need the aid of the temporal rulers. An alert police is counted by them amongst the indispensable means of securing purity of doctrine and life.
The Canonists finally allowed a certain supremacy to the husband, though, on the other hand, they sometimes seemed to assign even the chief part in marriage to the wife, and the attempt was made to derive the word matrimonium from matris munium, thereby declaring the maternal function to be the essential fact of marriage.
The political authority makes its deference to the canonists dependent upon their strict obedience. This important change is a natural consequence of the modernization of Mohammedan political life, a movement through which the expounders of a law which has endeavoured to remain stationary since the year 1000 must necessarily get into straits.
Fired by Orsini's example, Bentivogli also took the offensive, and began by ordering the canonists of Bologna University to go to the churches and encourage the people to disregard the excommunications launched against the city.
Hence canonists have maintained that the subjects of other states may even engage in war with the Pope as prince, without breach of their fidelity to him as pontiff or supreme visible head of the church. The church not only distinguishes between the two powers, but recognizes as legitimate, governments that manifestly do not derive from God through her. St.
They speak that, I think, as the Lacedaemonians long since used to say, that it was not possible to find any adulterer in all their commonwealth: whereas indeed they were rather all adulterers, and had no certainty in their marriages, but had their wives common amongst them all: or as the canonists at this day, for their bellies' sake, used to say of the Pope, that forsomuch as he is lord of all benefices, though he sell for money bishoprics, monasteries, priesthood, spiritual promotions, and part with nothing freely, yet, because he counteth all his own, "he cannot commit simony, though he would never so fain."
This conception of marriage as a contract still enjoys a considerable amount of credit amongst us. There must always be contractive elements, implicit or explicit, in a marriage; that was well recognized even by the Canonists.
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