New Approaches To Early Law In Scandinavia

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 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.

This book brings together the cumulative results of a three-year project focused on the assemblies and administrative systems of Scandinavia, Britain, and the North Atlantic islands in the 1st and 2nd millennia AD. In this volume we integrate a wide range of historical, cartographic, archaeological, field-based, and onomastic data pertaining to early medieval and medieval administrative practices, geographies, and places of assembly in Norway, Sweden, Denmark, Iceland, the Faroe Islands, Scotland, and eastern England. This transnational perspective has enabled a new understanding of the development of power structures in early medieval northern Europe and the maturation of these systems in later centuries under royal control. In a series of richly illustrated chapters, we explore the emergence and development of mechanisms for consensus. We begin with a historiographical exploration of assembly research that sets the intellectual agenda for the chapters that follow. We then examine the emergence and development of the thing in Scandinavia and its export to the lands colonised by the Norse. We consider more broadly how assembly practices may have developed at a local level, yet played a significant role in the consolidation, and at times regulation, of elite power structures. Presenting a fresh perspective on the agency and power of the thing and cognate types of local and regional assembly, this interdisciplinary volume provides an invaluable, in-depth insight into the people, places, laws, and consensual structures that shaped the early medieval and medieval kingdoms of northern Europe.

Disputes lie at the heart of the sagas. Consequently, literary texts have been treated as sources of legal practice – narrations of law – while the sagas themselves and the handling of legal matters by the figures adhere to ‘laws of narration’. The volume addresses this intricate relationship between literature and social practice from the perspective of historians as well as philologists. The contributions focus not only on disputes and their solution in saga literature, but also on the representation of law and its history in sagas and Latin historiography from Scandinavia as well as the representation of laws and norms in mythological texts. They demonstrate that narrations of law provide an indispensable insight into legal culture and its connection to a wider framework of social norms, adjusting the impression given by the laws. The philological approaches underline that the narrative texts also have an agenda of their own when it comes to their representation of law, providing a mirror of conduct, criticising inequity, reinforcing the political and juridical position of kings or negotiating norms in mythological texts. Altogether, the volume underlines the unifying force exerted by a common fiction of law beyond its letter.

Drawing together an international team of historians, lawyers and historical sociolinguists, this volume investigates urban cultures of law in Scotland, with a special focus on Aberdeen and its rich civic archive, the Low Countries, Norway, Germany and Poland from c. 1350 to c. 1650. In these essays, the contributors seek to understand how law works in its cultural and social contexts by focusing specifically on the urban experience and, to a great extent, on urban records. The contributions are concerned with understanding late medieval and early modern legal experts as well as the users of courts and legal services, the languages and records of law, and legal activities occurring inside and outside of official legal fora. This volume considers what the expectations of people at different status levels were for the use of the law, what perceptions of justice and authority existed among different groups, and what their knowledge was of law and legal procedure. By examining how different aspects of legal culture came to be recorded in writing, the contributors reveal how that writing itself then became part of a culture of law. Cultures of Law in Urban Northern Europe: Scotland and its Neighbours c.1350–c.1650 combines the historical study of law, towns, language and politics in a way that will be accessible and compelling for advanced level undergraduates and postgraduate to postdoctoral researchers and academics in medieval and early modern, urban, legal, political and linguistic history.

In recent years, the field of Memory Studies has emerged as a key approach in the Humanities and Social Sciences, and has increasingly shown its ability to open new windows on Nordic Studies as well. The entries in this book document the work-to-date of this approach on the pre-modern Nordic world (mainly the Viking Age and the Middle Ages, but including as well both earlier and later periods). Given that Memory Studies is an ever expanding critical strategy, the approximately eighty contributors in this volume also discuss the potential for future research in this area. Topics covered range from texts to performance to visual and other aspects of material culture, all approached from within an interdisciplinary framework. International specialists, coming from such relevant fields as archaeology, mythology, history of religion, folklore, history, law, art, literature, philology, language, and mediality, offer assessments on the relevance of Memory Studies to their disciplines and show it at work in case studies. Finally, this handbook demonstrates the various levels of culture where memory had a critical impact in the pre-modern North and how deeply embedded the role of memory is in the material itself.

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.