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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.
In the Nordic medieval laws a new definition of kinship – a canonical one – was introduced, based on the Church’s incest prohibitions and the requirement to love your kin. It influences the rules for property transfer, inheritance, wergeld and marriage.
The articles in Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explore the significance of inheritance law through the use of topical and in-depth studies that bring life to historical and contemporary Nordic inheritance law practices.
This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.
This book, first in a series of three, examines the social elites in Denmark, Sweden, Norway, and Iceland, and which social, political, and cultural resources went into their creation. The elite controlled enormous economic resources and exercised power over people. Power over agrarian production was essential to the elites during this period, although mobile capital was becoming increasingly important. The book focuses on the material resources of the elites, through questions such as: Which types of resources were at play? How did the elites acquire and exchange resources?
The Danish medieval laws: the laws of Scania, Zealand and Jutland contains translations of the four most important medieval Danish laws written in the vernacular. The main texts are those of the Law of Scania, the two laws of Zealand – Valdemar’s and Erik’s – and the Law of Jutland, all of which date from the early thirteenth century. The Church Law of Scania and three short royal ordinances are also included. These provincial laws were first written down in the first half of the thirteenth century and were in force until 1683, when they were replaced by a national law. The laws, preserved in over 100 separate manuscripts, are the first extended texts in Danish and represent a first attempt to create a Danish legal language. The book starts with a brief but thorough introduction to the history of Denmark in the thirteenth century, covering the country, the political setting and the legal context in which the laws were written. There follows the translated text from each province, preceded by a general introduction to each area and an introduction to the translation offering key contextual information and background on the process of translating the laws. An Old Danish-English glossary is also included, along with an annotated glossary to support the reading of the translations. This book will be essential reading for students and scholars of medieval Scandinavian legal history.
This book offers a comprehensive examination of how the Fourth Lateran Council’s prohibition against trial by ordeal was implemented in Danish secular law and how it required both a fundamental restructuring of legal procedure and an entirely different approach to jurisprudence in practice. It offers a broader understanding of how ideology could penetrate and change jurisprudence firstly by changing the norms, secondly by presupposing new kind of legal institutions. Rather than focusing on pure dogmatics, this investigation will focus on uncovering the ideological character of procedure with regard to how those learned in law and those holding political power thought that jurisprudence needed to be constructed in order to ensure that justice was done in medieval Denmark.
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.
Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.
In Iceland’s Relationship with Norway c.870 – c.1100: Memory, History and Identity, Ann-Marie Long reassesses the development of Icelandic society from the earliest settlements to the twelfth century. Through a series of thematic studies, the book discusses the place of Norway in Icelandic cultural memory and how Icelandic authors envisioned and reconstructed their past. It examines in particular how these authors instrumentalized Norway to explain the changing parameters of Icelandic autonomy. Over time this strategy evolved to meet the needs of thirteenth-century Icelandic politics as well as the demands posed by the transition from autonomous island to Norwegian dependency.