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Home > History and Archaeology > History > European history > Medieval period, middle ages > The Function of Kinship in Medieval Nordic Legislation: (9 Medieval Law and Its Practice)
The Function of Kinship in Medieval Nordic Legislation: (9 Medieval Law and Its Practice)

The Function of Kinship in Medieval Nordic Legislation: (9 Medieval Law and Its Practice)


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About the Book

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.

Table of Contents:
Abbreviations ... ix Kings of Denmark ... xi Kings of Norway ... xiii Kings of Sweden ... xv Maps ... xvii Introduction ... 1 Area of examination ... 4 Methodology ... 5 Part One: The Ideological and Practical Background for the Legislation of the Provincial Laws Chapter One Kinship as Strategy ... 9 Elective- and alliance-based kinship ... 11 Canonical kinship ... 14 Chapter Two The Legal Sources ... 27 Chapter Three The Scandinavian Societies at the Time of the Provincial Laws ... 33 Scandinavia as model of analysis ... 33 The genesis of the Norwegian laws ... 37 The genesis of the Danish laws ... 44 The genesis of the Swedish laws ... 49 Construction of the society ... 53 Resources and prestige—the importance of land in the provincial laws ... 57 Chapter Four The Emergence of the Provincial Laws and their Dating ... 61 Customary law or newly developed law? ... 61 The dating of the provincial laws ... 63 The dating of the Danish laws ... 64 The dating of the Norwegian laws ... 73 The dating of the Swedish laws ... 75 Chapter Five The Fathers of the Laws ... 81 Chapter Six The Peace Ideology ... 87 Chapter Seven The Legislator and the Law ... 95 The king as legislator—The ideological construction ... 95 The king’s power to legislate ... 101 Chapter Eight The Application of the Provincial Laws ... 105 The functions of the laws—Ideology or practice? ... 105 Part Two: The Function of Canonical Kinship in the Provincial Laws Chapter Nine The Function of Kinship in Legal Disputes ... 111 Structure and context ... 111 The kin’s board ... 114 Land and inheritance ... 116 Violence and homicide ... 118 Marriage and incest ... 121 Chapter Ten Collective Sanction ... 125 Crimes that could not be atoned by a fine ... 127 Wergeld ... 133 The Danish legislation ... 133 The Swedish legislation ... 138 The Norwegian legislation ... 143 Personal guilt, collective responsibility, and theological reflections ... 150 Chapter Eleven Inheritance Law in the Provincial Laws ... 155 Dowry ... 157 The capital portion ... 157 Sons and daughters as joint heirs ... 160 Marriage presents ... 168 Male right of priority to inheritance ... 170 Inheritance rights before the arrival of the provincial laws ... 175 Patrilineal tendencies and female inheritance rights ... 177 Chapter Twelve Donations, Pious Donations, and the Right of Disposal of Property ... 185 Danish materials ... 190 Swedish materials ... 198 Norwegian materials ... 204 Chapter Thirteen The Right of Allodium ... 209 Odelsret ... 211 Lovbydelse ... 215 Bördsrät ... 218 The right of first refusal and the tax base ... 222 Chapter Fourteen Fledføring—Elder Care ... 225 Chapter Fifteen Marriage ... 235 Marriage based on agreement—canonical prescriptions ... 235 Marriage law in the provincial laws ... 239 Marriage by force ... 245 Incest, marriage, and canonical kinship ... 249 Incest in the provincial laws ... 253 Nordic or canonical marriage law? ... 255 Conclusion ... 259 Bibliography ... 267 Sources ... 267 Literature ... 268 Index of Names and Places ... 277 General Index ... 280

About the Author :
Helle Vogt, Ph.D. (2005) in law, University of Copenhagen, is associate professor of legal history at the University of Copenhagen. Her main publications are on Nordic legal history 1100-1700.


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Product Details
  • ISBN-13: 9789004189225
  • Publisher: Brill
  • Publisher Imprint: Brill
  • Height: 235 mm
  • No of Pages: 284
  • Returnable: Y
  • Spine Width: 23 mm
  • Width: 155 mm
  • ISBN-10: 900418922X
  • Publisher Date: 24 Sep 2010
  • Binding: Hardback
  • Language: English
  • No of Pages: 284
  • Series Title: 9 Medieval Law and Its Practice
  • Weight: 592 gr


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