- 期刊
教會婚姻法的發展與演變－兼論中世紀非婚生子女的法律地位
The Development and Evolution of Ecclesiastical Marriage Law: Including a Discussion on the Legal Status of Children Born out of Wedlock in the Middle Ages
摘要
歐陸法制歷經二千年的發展，各個時期有其各自不同的形態與樣貌。婚姻與家庭的概念亦然。中世紀時的歐洲大陸，政治上受教宗權威左右，法制上主要受教會法影響。古典羅馬法因帝國衰頹，化為一般法律原則，成為具習慣法效力的共通法。羅馬法與教會法都是日後歐洲法律文化中重要的法源。非婚生子女存在於婚姻與家庭制度之外，但卻是人類社會的普遍現象之一。由非婚生子女的現象可以觀察社會對婚姻與家庭的基本看法，反映一般人進入或不進入婚姻與家庭的選擇。中世紀時，教會法與世俗法都排斥非婚生子女，貶之為「私生子」（Illegitime）。教廷的目的在於防止教會財產的私有化，因而採取獨身主義與歧視非婚生子女的措施，但也因而對後者的社會與法律地位造成重大不利的影響，遺禍千年。羅馬天主教會法在1917年制定成文法典，1983年又重新修訂，其重要架構與內容也應一併觀察。
並列摘要
The European legal system has undergone two thousand years of development, with each period having its own distinct forms and characteristics. The concepts of marriage and family have evolved similarly. In medieval Europe, politics were dominated by papal authority, and the legal system was primarily influenced by canon law. Due to the decline of the Roman Empire, classical Roman law transformed into general legal principles and became a common law with customary law authority (ius commune). Both Roman law and canon law have been important sources of legal culture in Europe. Illegitimate children existed outside the marriage and family system, but they were a common phenomenon in human society. The presence of illegitimate children reflects society's fundamental views on marriage and family, as well as the choices individuals make regarding entering or not entering these institutions. In the Middle Ages, both canon law and secular law rejected illegitimate children, labeling them as "illegitimate" (Illegitime). The Church aimed to prevent the privatization of church property and therefore adopted measures of celibacy and discrimination against illegitimate children. However, these measures also had significant adverse effects on the social and legal status of illegitimate children, with repercussions lasting for centuries. The Roman Catholic Church codified its canon law in 1917, and it was revised again in 1983. It is important to examine these structures and contents as well.