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The article examines the evolution of marriage and family law from sacramental to contract-based models in Western society.

April 15, 2026Open Access

From Sacrament to Contract: The Legal Transformations of the Western Family

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The article examines the evolution of marriage and family law from sacramental to contract-based models in Western society.
Analyzes historical transformations from the 16th century Protestant Reformation to the 19th century Enlightenment.
Evaluates a Lutheran case study of Johann Apel to illustrate changes in marital ideals.
Explores the discourse between James Fitzjames Stephen and a liberal philosopher regarding marriage.
Assesses the impact of the shift from sacramental marriage to private contracts on family law.
Identifies the shift from medieval sacramental marriage to Protestant family ideals governed by the state.
Highlights the emergence of a contract-based model of marriage that influenced modern family law reform.
Discusses the implications of these transformations for both clergy and laity in society.

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Early Article explores marriage and family law changes in Western society, highlighting their implications.

Witte, Jr., John (1995) studied this question.

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