ENGLISH

The Function of Kinship in Medieval Nordic Legislation

By Helle Vogt

Book information

Publisher
BRILL
Year
2010
ISBN
900418922X, 9789004189225
Language
english
Format
PDF
Filesize
1 MB (1460853 bytes)
Series
Medieval Law and Its Practice, 9
Pages
XX+282\304
Topic
History
Time added
2019-12-01 18:35:30

Description

Translation: Jens Ulff-Møller. 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. Abbreviations ix Kings of Denmark xi Kings of Norway xiii Kings of Sweden xv Maps xvii Introduction 1 PART ONE. THE IDEOLOGICAL AND PRACTICAL BACKGROUND FOR THE LEGISLATION OF THE PROVINCIAL LAWS Chapter One. Kinship as Strategy 9 Chapter Two. The Legal Sources 27 Chapter Three. The Scandinavian Societies at the Time of the Provincial Laws 33 Chapter Four. The Emergence of the Provincial Laws and their Dating 61 Chapter Five. The Fathers of the Laws 81 Chapter Six. The Peace Ideology 87 Chapter Seven. The Legislator and the Law 95 Chapter Eight. The Application of the Provincial Laws 105 PART TWO. THE FUNCTION OF CANONICAL KINSHIP IN THE PROVINCIAL LAWS Chapter Nine. The Function of Kinship in Legal Disputes 111 Chapter Ten. Collective Sanction 125 Chapter Eleven. Inheritance Law in the Provincial Laws 155 Chapter Twelve. Donations, Pious Donations, and the Right of Disposal of Property 185 Chapter Thirteen. The Right of "Allodium" 209 Chapter Fourteen. "Fledføring" — Elder Care 225 Chapter Fifteen. Marriage 235 Conclusion 259 Bibliography 267 Index of Names and Places 277 General Index 280

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