The creation of a Scandinavian provincial law: how was it done?
It is well known that lawmaking was inseparable from kingship in England and on the continent and, therefore, there has been a predominant tendency to see medieval laws in Scandinavia in a regal context. In this light, the initiators of laws have been kings and men belonging to the upper stratum of...
| Publicado en: | Historical Research Vol. 86; no. 233; pp. 432 - 443 |
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| Formato: | Artículo |
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Oxford University Press / USA
Aug2013
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=88799894&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 88799894 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 09503471 7QY jtl: Historical Research issn: 09503471 maglogo: N pubinfo: dt: Aug2013 vid: 86 iid: 233 pid: 622 pub: Oxford University Press / USA artinfo: ui: 88799894 10.1111/1468-2281.12006 ppf: 432 ppct: 11 formats: fmt: – @attributes: type: T – @attributes: type: P size: 157KB tig: atl: The creation of a Scandinavian provincial law: how was it done? aug: au: Brink, Stefan affil: University of Aberdeen su: Common law Customary law Medieval law History of the codification of laws Thirteenth century Fourteenth century Scandinavian history, to 1397 Kings & rulers Civilization Scandinavia sug: subj: Scandinavia Common law Customary law Medieval law History of the codification of laws Thirteenth century Fourteenth century Scandinavian history, to 1397 Kings & rulers Civilization ab: It is well known that lawmaking was inseparable from kingship in England and on the continent and, therefore, there has been a predominant tendency to see medieval laws in Scandinavia in a regal context. In this light, the initiators of laws have been kings and men belonging to the upper stratum of society, and the laws themselves are seen as reflecting the societal situation when they were written down. This article focuses on 'peripheral' laws, such as the Icelandic Grágás, the main Svea Law, the Uppland Law and the Hälsinge Law. It attempts to show that such laws were not inventions of any one person or group in the thirteenth or fourteenth century, and that they cannot only be mirroring the time in which they were written down. Rather there are complex layers in the versions of these laws that survive: some old customary law, some probably newly composed law, some having their roots in Roman legal tradition and some in canon law. The picture which emerges is much less clear-cut than has been supposed, showing many regional differences and peculiarities. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: © 2020 Institute of Historical Research. item: Historical Research holder: Oxford University Press / USA dt: @attributes: year: 2013 holdings: @attributes: islocal: N |
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