ABSTRACT

The term 'crimen' can also mean a rule of criminal law itself. In that case the expression 'crimen contra naturalem legem' describes a criminal offence which, for its part, transgresses nature. What is meant here are the attempts, in particular of the so-called 'more recent law of nature', to correct existing positive criminal law by means of arguments based on the law of nature. The prohibition of bigamous marriage occupied not only the authors on criminal law but above all the theologians. In the early modern era matrimonial law was primarily canon law and not the reserve of secular lawyers. Psychological considerations are used to point out the senselessness of polygamous marriage which, it is claimed, results necessarily in jealousy among the wives and thus destroys domestic peace. 'Natural science' is the physical anthropology of that period. According to Christian Wolff's comments in the general part, the prohibition of the opposite follows, by contrary inference, from this precept.