Jump to ContentJump to Main Navigation
BastardsPolitics, Family, and Law in Early Modern France$
Users without a subscription are not able to see the full content.

Matthew Gerber

Print publication date: 2012

Print ISBN-13: 9780199755370

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199755370.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 November 2019

Jurisprudential Reform of Illegitimacy in Seventeenth-Century France

Jurisprudential Reform of Illegitimacy in Seventeenth-Century France

Chapter:
(p.49) 2 Jurisprudential Reform of Illegitimacy in Seventeenth-Century France
Source:
Bastards
Author(s):

Matthew Gerber

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199755370.003.0002

In the seventeenth century, jurists who wished to circumscribe rights traditionally enjoyed by extramarital offspring achieved this through litigation and case law jurisprudence. While the Edict on the Taille (1600) broke with tradition by excluding bastards from the nobility, it was preceded by sixteenth-century litigation over the issue. In 1656, the watershed case of Bourges v. Roussel determined that extramarital offspring could not receive as much property from their parents through gift or legacy as could a stranger. Several rulings also determined that legitimation by letters-patent of the king did not convey inheritance rights, even if acquired with the consent of the parents. Although reform-minded jurists successfully used judicial precedents to exclude extramarital offspring more fully from the family, they gradually abandoned the doctrine that bastardy was a form of criminal taint and personal degeneracy, replacing it with arguments for exclusion grounded on public decency and social interest

Keywords:   litigation, noble bastards, gifts, legacies, legitimation by royal rescript, public decency, social interest

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .