La costruzione del genere nel diritto medievale: norme e dottrina

Abstract

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.