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Legal Procedure and Practice in Medieval Denmark: (11 Medieval Law and Its Practice)

Legal Procedure and Practice in Medieval Denmark: (11 Medieval Law and Its Practice)

          
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About the Book

This book offers a comprehensive examination of how the Fourth Lateran Council’s prohibition against trial by ordeal was implemented in Danish secular law and how it required both a fundamental restructuring of legal procedure and an entirely different approach to jurisprudence in practice. It offers a broader understanding of how ideology could penetrate and change jurisprudence firstly by changing the norms, secondly by presupposing new kind of legal institutions. Rather than focusing on pure dogmatics, this investigation will focus on uncovering the ideological character of procedure with regard to how those learned in law and those holding political power thought that jurisprudence needed to be constructed in order to ensure that justice was done in medieval Denmark.

Table of Contents:
Abbreviations ... ix List of Illustrations and Maps ... xi Kings of Denmark ... xiii Introduction ... 1 Introduction: Medieval Denmark—Part of Europe Chapter One Medieval Denmark ... 11 Denmark’s Political History until c.1300 ... 11 Social Structures in the Time of the Provincial Laws ... 18 Developments after 1300 ... 24 The Geographical Coverage of this Study ... 28 The Administrative Division and Judicial Administration ... 29 Chapter Two The Tradition—and the New Paradigm ... 37 The Traditional and the New Paradigm ... 46 Chapter Three Learned Law and Secular Legislation ... 50 The Universities and Legal Education ... 52 The Announcement of a New Era—Papal and Secular Law-giving ... 55 Learned Procedural Law at the Beginning of the Thirteenth Century ... 60 Summary ... 67 Part One: Legal Institutions and Procedures of the Provincial Laws Chapter Four The Danish Provincial Laws ... 71 Chapter Five The Institutions of Legal Administration ... 84 The Sentencing Functions ... 85 New Directions—The Law of Jylland ... 92 Executive Functions—The Ombudsman ... 118 Summary ... 126 Chapter Six Legal Procedure in the Provincial Laws ... 130 The Book on Inheritance and Heinous Crimes ... 130 The Ordinance on Manslaughter 1200 AD ... 137 The Procedure in the Law of Skåne ... 142 Valdemar’s Law for Sjælland—Following the Tradition ... 153 Towards a New Law of Procedure—Eric’s Law for Sjælland ... 156 Innovative Procedural Law—The Law of Jylland ... 169 Summary ... 188 Conclusion Part One Procedural Law in the Thirteenth Century ... 193 Part Two: Legal Procedure and Practice in Late Medieval Denmark Chapter Seven Learned Tendencies and Practical Considerations ... 205 Centralisation and the Imposition of a Hierarchy ... 206 The Demand for Efficiency—Procedure in the Later Middle Ages ... 212 A Learned Legal Environment in Late-Medieval Denmark? ... 217 The Danish Legal System in the Later Middle Ages ... 220 Sources for the Period c.1300 to 1558 ... 232 Chapter Eight Practice and Regulation at the herredsting ... 242 The Local Court’s Regulation and Organisation ... 242 The Governance of Court—The Official ... 253 Documenting the Activity of the Court—The Court Scribe ... 266 Voting and Decision—The Jurors ... 269 Procedure as Norm and Practice ... 290 Summary ... 310 Chapter Nine Landstinget—between the People and the King ... 314 The Procedure and Running of the Landsting ... 315 The Provincial Court Judge ... 322 The Provincial Court Scribe ... 329 Procedure and Sentencing at the Landsting ... 330 Summary ... 341 Chapter Ten Birkeret, Ting and Local Procedure ... 343 The Patron of the Peculiar, the Foged, the Scribe ... 346 Procedure at the Peculiar Courts ... 349 Summary ... 355 Chapter Eleven The Borough—Continuity and Consequence ... 356 The Law of the Towns—The Town Laws and Practice ... 360 Institutions for the Administration of Justice ... 363 Legal Procedures in the Boroughs—Continuities and Consequences ... 381 Post-Reformation Practice ... 392 Summary ... 396 Chapter Twelve The Royal Court of Law—The Highest Court ... 399 Court and Political Forum ... 400 Procedure and Trial at the Royal Court of Law ... 409 Summary ... 414 Conclusion Part Two Law and Practice in the Late Middle Ages ... 417 Conclusion: Legal Procedure and Practice in Medieval Denmark Conclusion ... 423 Bibliography ... 429 Subject Index ... 445


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Product Details
  • ISBN-13: 9789004204768
  • Publisher: Brill
  • Publisher Imprint: Brill
  • Depth: 25
  • Language: English
  • Returnable: Y
  • Spine Width: 30 mm
  • Width: 160 mm
  • ISBN-10: 9004204768
  • Publisher Date: 23 May 2011
  • Binding: Hardback
  • Height: 240 mm
  • No of Pages: 454
  • Series Title: 11 Medieval Law and Its Practice
  • Weight: 850 gr


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