Philosophical and Legal Analysis of the European Institution of Family in the Middle Ages

Abstract

The purpose of the article is to review the historical development of the family institute in the Middle Ages. The main task of this work is to determine the relationship between the social and legal prerequisites for the formation of a family institution and the ideological foundations of this financial institution. Methodology. The pivotal methodological approach to the study is historical. The historical-legal method has allowed us to consider the origins and evolution of the family institute in the Middle Ages. Scientific novelty. The family acts as the basis for the organization of economic activity in society at this time. It is noted that the Christian ideology laid the foundation for the personalization of marital relations, contributed to overcoming the need for biological reproduction to the background. The main idea of the article is that marriage and family are universal forms of organization of relations between people, meeting their needs. It is reported that we (like other scientists) can highlights three great periods in the evolution of the family: 1) Period I – traditional family, 2) Period II – newest family, 3) Period III – modern – or post newest family. One of the striking examples of the period of the newest family is the evolution of the institution of family in the Middle Ages, because of the spread of world religions, especially Christianity, strengthened the ideological bond that connected the family. The text gives valuable information on next: marriage from an economic institution became more and more a union of a man and a woman, based on love and emotional relations. The family became more and more focused on its internal life, and the role of intra-family relations grew. The main functions of the family are providing the needs of marriage, motherhood and the upbringing of children. Thus, it is reported that the family in Middle Ages is considered to be based on marriage or blood-related ties a small social group whose members are related to the commonality of life, mutual moral responsibility, emotional and spiritual affinity. The following conclusions are drawn that 1) in the Middle Ages and during the period of early New age concept of the “family” designated general community of dependent on the primary host people and all the rest of the household, because the pre-industrial social structure was based on the family menage; 2) the family acted as a productive, reproductive and consumer unit, and was the basis for the organization of work, while the form of life of the «whole house» never covered the entire population; 3) at the same time, the Christian ideology lays the foundations for personalization and individualization of family life, forming it on the basis of love and harmony of marital relations; 4) in recent times, family problems are very often viewed from the perspective of the relationship between him and her.

Keywords: family; institution of family; Middle Ages; society; social philosophy; philosophy of law; Christian ideology; marital relations.