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The Västgöta Laws contains the translation of the oldest of the Swedish provincial law codes and other texts of great relevance to the legal history. The first version, the Older Västgöta Law, is from the first half of the thirteenth century and the earliest example of an indigenous vernacular literacy with the Latin script from Sweden. A second and highly revised version of the law is preserved in a manuscript from the middle of the fourteenth century. This volume also contains a translation of the annotations and proposals made during the complicated negotiations between representatives of the church, the kingdom, and the community of the province. Together, the two versions of the law and the annotations offer a unique possibility to understand the making and transformation of a medieval law. The importance of the regional leaders, the lawmen, is evident from the earliest example of history writing in Sweden, illustrating the legal and political history of Västergötland. With an Introduction that places the province of Västergötland and its law into its political setting, this translation is invaluable for all students and scholars of medieval Swedish legal and political history.
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.
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 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.
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.
This is the first major piece of scholarship to provide an overview of the lives of Sweden’s earliest documented queens, together with some of their most influential female relatives, who lived between 970 and 1330. Spanning a period over 350 years, approximately 40 biographies are included from the semi-legendary Viking queen Sigrid Storråda to Duchess Ingeborg of Norway, the first female de jure and de facto ruler of Sweden. Rather than merely summarising previous research, this study offers new perspectives on the evolution of queenship in medieval Sweden. It tracks the different religious, political, and socio-economic trends which defined and shaped the office of queen and identifies three main phases of development which led to royal women’s economic and political emancipation by the mid-fourteenth century. The study’s main strength lies in its close reading and novel interpretation of the surviving primary sources, enabling readers to understand the importance of these women and wider themes such as state formation, Christianisation, and international politics. The Queens and Royal Women of Sweden, c. 970–1330 is of interest to scholars of queenship and gender studies, medieval historians in general, those with an interest in ecclesiastical history, and anyone studying medieval Scandinavia.
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.
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.