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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.
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.
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.
A Punishment for Each Criminal is the first in-depth analysis of how gender influenced Swedish medieval law. Christine Ekholst demonstrates how the law codes gradually and unevenly introduced women as possible perpetrators for all serious crimes. The laws reveal that legislators not only expected men and women to commit different types of crimes; they also punished men and women in different ways if they were convicted. The laws consistently stipulated different methods of executions for men and women; while men were hanged or broken on the wheel, women were buried alive, stoned, or burned at the stake. A Punishment for Each Criminal explores the background to the important legislative changes that took place when women were made personally responsible for their own crimes.
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
The Borgarthing Law and the Eidsivathing Law is dedicated to two closely linked medieval laws which were intended to cover adjacent legal provinces in eastern Norway, around and beyond the modern capital, Oslo. The core of this book consists of new translations of the two laws, based on the recent editions and translations into modern Norwegian by Eyvind Fjeld Halvorsen and Magnus Rindal. Individual rules cover subjects such as Church rites, prohibitions, property, and payments, and shed light on medieval ideas relating to matters as diverse as disability, sexual relations, witchcraft, and forbidden foods. The volume contains a general introduction by Torgeir Landro and Bertil Nilsson, in addition to a translator’s introduction by Lisa Collinson, summarizing in English some of the information on manuscripts and relevant linguistic studies outlined by Halvorsen and Rindal. The translated texts in English are also supplemented by footnotes, supplying key readings from the original, in some cases with significant variants from relevant manuscripts. With a commentary on the individual chapters after each translation, drawing on recent scholarship on medieval law, Church history, and other relevant historical fields, this book is an ideal resource for students and scholars of medieval Norwegian legal history.
Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries.
Donations, Inheritance and Property in the Nordic and Western World from Late Antiquity until Today presents an examination of Nordic donation and gift-giving practices in the Nordic and Western world, beginning in late Antiquity and extending through to the present day. Through chapters contributed by leading international researchers, this book explores the changing legal, social and religious frameworks that shape how donations and gifts are given. In addition to donations to ecclesiastical, charitable and cultural institutions, this books also highlights the sociolegal challenges and the tensions that can occur as a result of transferring property, including answering key questions such as who has a right to what. It also presents, for the first time, an insight into the dynamics of donations and the interplay between individual motivations, strategic behaviour and the legal setting of inheritance law. Offering a broad chronological and European perspective and including a wide range of illuminating case studies Donations, Inheritance and Property in the Nordic and Western World from Late Antiquity until Today is ideal for students of Nordic and European legal and social history.
The field of medieval studies has shifted towards a growing degree of inter- and multidisciplinarity during the recent decades. The concept of medieval studies covers in fact a multitude of disciplines, some of them being loyal to their long-established traditions, whereas others are very new and borrow methods from other branches of the humanities or even from modern natural or social sciences. Since this means not only new possibilities but also new challenges, sources and methodology should obviously concern anyone engaged in the history and culture of the Middle Ages. Regardless of what aspects of the medieval world a scholar is dealing with, his or her study has much to gain from a source-pluralistic approach: in order to be able to understand and even combine different types of sources, a scholar must be aware of what methods are relevant and available and how they can be adapted and applied. This collection of essays presents a comprehensive overview of current and fresh approaches to the history of medieval Europe. The topics include, among other things, the complex relationship between the spoken and the written word, explorations in social and geographic space, layers and mental images perceivable in medieval texts, source edition techniques, relics as visual and tangible items, not to mention the possibilities offered by prosopography, zooarchaelogy and the natural sciences. Also the question and significance of ethics, an ever more important issue in present-day academic circles, is discussed. The contributors to this volume themselves form a very inter- and multidisciplinary team: although they can all be labeled as medievalists, they in fact they work within different disciplines and in several different research units in different countries. Geographically, several parts of Europe are covered in the essays – not only the westernmost part of the continent but also the poorly known eastern and northern parts as well. This diversity makes the collection worthwhile reading for students and scholars alike.