1.

Record Nr.

UNINA9910811532603321

Autore

Vogt Helle

Titolo

The function of kinship in medieval Nordic legislation / / by Helle Vogt

Pubbl/distr/stampa

Leiden ; ; Boston, : Brill, 2010

ISBN

1-283-85213-6

90-04-18929-7

Edizione

[1st ed.]

Descrizione fisica

1 online resource (302 p.)

Collana

Medieval law and its practice, , 1873-8176 ; ; v. 9

Disciplina

346.4801/5

346.48015

Soggetti

Kinship (Law) - Scandinavia - History - To 1500

Domestic relations (Canon law) - History - To 1500

Canon law - History - To 1500

Law, Medieval - History

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references (p. [267]-276) and indexes.

Nota di contenuto

Preliminary Material -- Introduction -- Chapter One Kinship as Strategy -- Chapter Two The Legal Sources -- Chapter Three The Scandinavian Societies at the Time of the Provincial Laws -- Chapter Four The Emergence of the Provincial Laws and their Dating -- Chapter Five The Fathers of the Laws -- Chapter Six The Peace Ideology -- Chapter Seven The Legislator and the Law -- Chapter Eight The Application of the Provincial Laws -- Chapter Nine The Function of Kinship in Legal Disputes -- Chapter Ten Collective Sanction -- Chapter Eleven Inheritance Law in the Provincial Laws -- Chapter Twelve Donations, Pious Donations, and the Right of Disposal of Property -- Chapter Thirteen The Right of Allodium -- Chapter Fourteen Fledføring—Elder Care -- Chapter Fifteen Marriage -- Conclusion -- Bibliography -- Index of Names and Places -- General Index.

Sommario/riassunto

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.