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Dying Prepared in Medieval and Early Modern Northern Europe
How did people of the past prepare for death, and how were their preparations affected by religious beliefs or social and economic responsibilities? Dying Prepared in Medieval and Early Modern Northern Europe analyses the various ways in which people made preparations for death in medieval and early modern Northern Europe, adapting religious teachings to local circumstances. The articles span the period from the Middle Ages to Early Modernity allowing an analysis over centuries of religious change that are too often artificially separated in historical study. Contributors are Dominika Burdzy, Otfried Czaika, Kirsi Kanerva, Mia Korpiola, Anu Lahtinen, Riikka Miettinen, Bertil Nilsson, and Cindy Wood.
Legal Literacy in Premodern European Societies
This book analyses the legal literacy, knowledge and skills of people in premodern and modernizing Europe. It examines how laymen belonging both to the common people and the elite acquired legal knowledge and skills, how they used these in advocacy and legal writing and how legal literacy became an avenue for social mobility. Taking a comparative approach, contributors consider the historical contexts of England, Finland, France, Germany, Italy and Sweden. This book is divided into two main parts. The first part discusses various groups of legal literates (scriveners, court of appeal judges and advocates) and their different paths to legal literacy from the Middle Ages to the nineteenth century. The second part analyses the rise of the ownership and production of legal literature – especially legal books meant for laymen – as means for acquiring a degree of legal literacy from the eighteenth to the early twentieth century.
Law Addressing Diversity
Of late, historians have been realising that South Asia and Europe have more in common than a particular strand in the historiography on "the rise of the West" would have us believe. In both world regions a plurality of languages, religions, and types of belonging by birth was in premodern times matched by a plurality of legal systems and practices. This volume describes case-by-case the points where law and social diversity intersected.
Learning Law and Travelling Europe: Study Journeys and the Developing Swedish Legal Profession, c. 1630–1800
In Learning Law and Travelling Europe, Marianne Vasara-Aaltonen offers an exciting account of the study journeys of Swedish lawyers in the early modern period. Based on archival sources and biographical information, the study delves into the backgrounds of the law students, their travels through Europe, and their future careers. In seventeenth-century Sweden, the state-building process was at its height, and trained officials were desperately needed for the administration and judiciary. The book shows convincingly that the studies abroad of future lawyers were intimately linked to this process, whereas in the eighteenth century, study journeys became less important. By examining the development of the Swedish early modern legal profession, the book also represents an important contribution to comparative legal history.
Between Betrothal and Bedding
Swedish medieval marriage formation was a process, written down in the secular laws. However, it started to evolve because of the interaction with the medieval Catholic marriage doctrine, which focused on mutual words of consent. Although first the canon law of marriage, and then Lutheran marriage dogma influenced the Swedish development, the perception of marriage as a process, consisting of several legal acts and accompanied by property transfers, proved remarkably resilient. The pragmatic and rural character of Sweden contributed to this, despite pressure from canon and Roman law and attempts at bringing marriage formation under ecclesiastical control. Marrying by stages was in itself unremarkable in Europe, but the legal foundation and formality make medieval and sixteenth-century Sweden a unique case study.
Propertied Women’s Economic Agency in Norway c.1400-1550
In this first comprehensive study of women as economic actors in medieval Norway, Susann Anett Pedersen analyses the economic agency of unmarried heiresses, wives and widows c.1400-1550. Drawing on sources such as sales contracts and private letter correspondence, the book investigates elite women’s formal and informal roles in decision making processes and their ability to make independent economic choices. In particular, the book stresses the importance of looking beyond the legal regulation of women’s economic activities and rather analyses women’s own actions, in order to better grasp the complexity of their economic agency.
Understanding the Sources of Early Modern and Modern Commercial Law
The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.
A Companion to Western Legal Traditions
This volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way. Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.
Marriage Litigation in the Western Church, 12151517
Examines how late medieval church courts were used for marriage cases, and how this varied dramatically across Europe.
The Function of Kinship in Medieval Nordic Legislation
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.
