Publication: Approaching the Legal Regime of Consensual Abduction Through History
Authors
Diaz-Bautista Cremades, Adolfo Antonio
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Publisher
STS centre LTD
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DOI
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info:eu-repo/semantics/article
Description
© 2023
STS centre LTD. This document is made available under the CC-BY-NC-ND 4.0 license http://creativecommons.org/licenses/by-nc-nd/4.0
This document is the published version of a published work that appeared in final form in Journal on European History of Law
Abstract
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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Citation
Journal on European History of Law 14(2023)
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