L’irresistibile ‘audacia’ di un pensatore moderno : Il De crimine bigamiae di Christian Thomasius (1685)

In the year 1685, the conformist culture of Leipzig was scandalized by Christian Thomasius’ lessons on the topic of bigamy. The German philosopher made a clear distinction between human law, divine positive law and natural law, and while he admitted that bigamy went against the principles of the first two, he sought to rationally demonstrate how polygamous conduct (both for men and women) was not in any way forbidden by natural law. Indeed, polygyny did not hinder the sociality of a man, nor did it impede the aims of conjugal society; and polyandry, which was especially opposed by the doctrine of the time, was not incompatible with the ascertainment of paternity or the mutual support of spouses.