Legal Procedure and Practice in Medieval Denmark (Medieval by Per Anderson, Frederik Pedersen, Sarah Pedersen

By Per Anderson, Frederik Pedersen, Sarah Pedersen

This e-book bargains a accomplished exam of the way the Fourth Lateran Councils prohibition opposed to trial by way of ordeal was once applied in Danish secular legislations and the way it required either a primary restructuring of criminal strategy and a wholly diversified method of jurisprudence in perform. It bargains a broader figuring out of the way ideology may possibly penetrate and alter jurisprudence to start with by means of altering the norms, secondly by means of presupposing new type of felony associations. instead of targeting natural dogmatics, this research will specialise in uncovering the ideological personality of technique in regards to how these discovered in legislations and people preserving political strength suggestion that jurisprudence had to be developed with the intention to make sure that justice used to be performed in medieval Denmark.

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32 chapter one institutionalised royal court of law could also decide criminal disputes. Thus the royal court of law developed into the final court of appeal while it retained its function as a first instance court competing with other courts. As kings increasingly curtailed their travels around the country and stayed in their own royal castles and with magnates, the royal court of law also changed from being an itinerant court to being one primarily based in Copenhagen. 42 The institutions that held sentencing powers will be a part of this study.

Such institutions did not exist in the period covered by this study. The development of the public institutional legal system that we know today has taken a long time and has not always moved at the same pace since the circumstances of legal activity were usually determined by changing balances of power between kings, the Church, noble magnates and the local population. However, for the period as a whole, we can say that there was a clear development from a fundamentally private legal system towards an (embryonic) public legal system.

73–116. 35 See Henrik Lerdam, Danske len og lensmænd 1370–1443 (Copenhagen, 1996), og Olesen, “Middelalderen til 1536”, pp. 24–29. See also Henrik Lerdam, Kongen og tinget. Det senmiddelalderlige retsvæsen 1340–1448 (Copenhagen, 2001), pp. 35–38. 36 E. Ladewig Petersen, “Reformationstiden 1536–96: Modernisering—justering”, eds. Leon Jespersen and E. Ladewig Petersen, Dansk forvaltningshistorie I. Stat, forvaltning og samfund. Fra middelalderen til 1901 (Copenhagen, 2000), pp. 49–93, esp. 50–75.

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