Portalis et la prohibition de l’inceste

In 1803, during a speech presenting articles 161-164 of France’s future Civil Code, Portalis theoretically justified the incest taboo. He drew his arguments mainly from the modern school of natural law, in particular Grotius and Pufendorf. Unlike in Lévi‑Strauss’s thought, this prohibition was seen...

Full description

Bibliographic Details
Main Author: Gérard Courtois
Format: Article
Language:fra
Published: L’Harmattan 2004-10-01
Series:Droit et Cultures
Subjects:
Online Access:http://journals.openedition.org/droitcultures/1690
Description
Summary:In 1803, during a speech presenting articles 161-164 of France’s future Civil Code, Portalis theoretically justified the incest taboo. He drew his arguments mainly from the modern school of natural law, in particular Grotius and Pufendorf. Unlike in Lévi‑Strauss’s thought, this prohibition was seen as a necessity within the family. Portalis’ argumentation is set in the light of current anthropological theories.
ISSN:0247-9788
2109-9421