Droit et Cultures (Oct 2004)
Portalis et la prohibition de l’inceste
Abstract
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.
