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This book presents a novel framework for studying historical legalisation using quantitative methods, with 10 fully-preserved laws from medieval Sweden, written between c. 1225 and 1350, serving as a case study. By applying a systematic classification scheme to each legal provision, it is possible to investigate the major differences and similarities in structure and content between the 10 laws. This, in turn, allows for the re-assessment of many long-standing problems in Swedish and European medieval legal history that have been challenging to address with traditional methods based on text analyses. Over the course of the thirteenth and fourteenth centuries, major changes in the proportion of legal provisions devoted to different fields of law, and to prescribed consequences, are found. The book shows how the proportions of civil law and public law expanded at the expense of criminal law. Furthermore, a clear transition from casuistic to more abstract law provisions can also be witnessed.
The Dala Law is known through only one remaining medieval manuscript, written c.1335 – 1353, and shows strong influence from older Swedish provincial law. It is one of the oldest known texts revealing details of life and conditions in medieval Dalar during the thirteenth and early fourteenth centuries. Contradicting older assumptions that this might have been an older law of Västmanland, the Dala Law is well adapted to prevailing conditions in medieval Dalarna Dalar. In contrast to most provincial laws where the lawman had a central position, in the Dala Law it is the written word, the law-book, that is addressed and appealed to. Although the text is comparatively short, this English translation is an important tool for facilitating the internationalisation of Swedish research and making Nordic material more accessible for international scholars. Aided by maps which show medieval Dalarna, Västmanland, and the value of the mining industry in the area, this text provides crucial insight into the history, life, and culture of medieval Dalar which has never been seen before in the English language. With an Introduction that places medieval Darlarna Dalar in its geographical, judicial and ecclesiastical contexts, The Dala Law is an essential resource for all students and scholars interested in medieval Swedish history and law.
The first systematic examination of the expectations people had of the law in the middle ages.
This volume offers a cross-period (14th-19th century) European comparison of different property regimes brought into conversation with inheritance patterns and resulting gender-specific negotiations and conflicts.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamäki offers an exciting account of the law in seventeenth-century Livonia, conquered by Sweden. The volume demonstrates how the differences in legal cultures affected the Livonian judiciary and legal procedure in the region.
A strict definition of kinship – a canonical one – was in introduced in to the Nordic medieval legislation. This replaced a looser definition. According to a canonical definition of kinship – constructed after the Church’s incest prohibitions, you were obligated towards all your blood-relatives. This doctrine applies where: 1) The kin group acted as a legal person towards a third party in cases about paying of wergeld, and where the kinsmen collectively took an oath. 2) Rights and obligations between the kindred regulated land transactions either by inheritance, donations or sale. Here the obligations were at their widest. The moral requirement for love and cohesiveness was strengthened by more substantial rules to ensure, that land was not transferred at the expense of kinsmen.
Marriage today is our prime social and legal institution. Historically, it was also the principal economic institution. This collection of essays offers a wealth of original research into the economic, social and legal history of the marital partnership in northern Europe over a 500-year period. Erickson's introduction explores the concept of the marital economy and sketches the legal and economic background across the region. Chapters by Ågren, Gudrun Andersson, Agnes Arnórsdóttir, Inger Dübeck, Elizabeth Ewan, Rosemarie Fiebranz, Catherine Frances, Hanne Johansen, Ann-Catrin Östman, Anu Pylkkänen, Hilde Sandvik and Jane Whittle, are organized according to the three economic stages of the marital life-cycle: forming the partnership; managing the partnership; and dissolving the partnership. In conclusion, Michael Roberts explores how the historical development of modern economic theory has removed marriage from its central position at the heart of the economy.
Swedish medieval marriage formation was a process, written down in the secular laws. However, it started to evolve because of the interaction with the medieval Catholic marriage doctrine, which focused on mutual words of consent. Although first the canon law of marriage, and then Lutheran marriage dogma influenced the Swedish development, the perception of marriage as a process, consisting of several legal acts and accompanied by property transfers, proved remarkably resilient. The pragmatic and rural character of Sweden contributed to this, despite pressure from canon and Roman law and attempts at bringing marriage formation under ecclesiastical control. Marrying by stages was in itself unremarkable in Europe, but the legal foundation and formality make medieval and sixteenth-century Sweden a unique case study.