Panel Topic: Religious Studies
“Ius in corpus”/“ius in bello”: Obedience, Corporeality, Subjectivity in Legal and Moral Culture
Authors: Davide Dainese, Fernanda Alfieri, Maria Sole Testuzza, Lorenzo Dore, Riccardo Saccenti, Minoo Mirshahvalad
We aim to interrogate two thematic areas that are historiographically distant but historically close: the legal and moral discourse on marital sexuality and the discourse on war produced in early modern Europe by isolating in particular the “ius in corpus” in the former and the “ius in bello” in the latter. These iura are both part of a sensibility for problematizing minute behavior that invests European legal-moral culture. Indeed, in both normative realms there is a tension between an overwhelming objective law and the dimension of individuality, an active system of hierarchical relationships, the idea of a higher necessity to which individual behavior must be bent, even at the cost of losing one’s life. In the light of recent research, especially in the fields of gender studies and religious war scholarship, we will consider how in early modern Christian Europe the regulation of issues of marriage law and moral theology related to the use, even violent use, of the sexed body and the legal, philosophical, and theological discussions around just war were part of the process of theorizing and building power (i.e. in military treaties, “regulated” rape is fully among the qualifying elements of just behavior in war; in Catholic marriage law, a demand for marital debt is permissible even though it may endanger the life of the spouse). The themes of “ius in corpus” and/or “ius in bello” may be investigated from an interdisciplinary, diachronic, and interconfessional perspective. Chair: Davide Dainese (Alma Mater-Università di Bologna / FSCIRE)Speakers: Davide Dainese (Alma Mater-Università di Bologna / FSCIRE), A survey of ScholarshipFernanda Alfieri (Alma Mater-Università di Bologna), Rights over the body in Catholic moral theological discourse. Hierarchies, powers, subjectivities (16th-17th centuries)Maria Sole Testuzza (Università di Catania), Ius in Suum Corpus and Bellum: the Isomorphism between State and Individual. Notes on Grotius [17th-18th centuries] Lorenzo Dore (Università di Trento), Ius in corpus: The case of Martin BucerRiccardo Saccenti (Università di Bergamo), TBA