Eva, Maria e i diritti delle donne

Abstract

According to Christian doctrine, the damnation of humanity is caused by Eve, and salvation is made possible by Mary My idea is that on the basis of these two female figures, both impossible models, legal doctrine, especially canon law, which is firmly based on theological doctrine but also on the sources of Roman law, builds a framework of possibilities and, above all, prohibitions that justify the reduced legal capacity of women as such and allow for conspicuous exceptions.Since the 12th century, the legal status of women has been one of the most complex problems. The general principle provides a clear division: women cannot do what men are allowed to do. But both jurists and laws have to deal with exceptions and identify particular categories of women or particular situations for which the general principle falls by contingent necessity. This essay investigates the legal origin of the gender distinction in medieval law and the contribution of canonical doctrine. Through the juridicization of scriptural and patristic sources, and canons and decretals, canon law sets some milestones in the construction of women's legal identity and creates the grid of prohibitions and protections that will characterize the history of women's legal status in the West until the first half of the 20th century