A Punishment for Each Criminal: Gender and Crime in Swedish by Christine Ekholst PDF
By Christine Ekholst
A Punishment for every legal is the 1st in-depth research of ways gender encouraged Swedish medieval legislation. Christine Ekholst demonstrates how the legislation codes steadily and erratically brought ladies as attainable perpetrators for all severe crimes. The legislation show that legislators not just anticipated women and men to devote sorts of crimes; additionally they punished women and men in several methods in the event that they have been convicted. The legislation continually stipulated various equipment of executions for women and men; whereas males have been hanged or damaged at the wheel, ladies have been buried alive, stoned, or burned on the stake. A Punishment for every felony explores the history to the real legislative alterations that happened whilst ladies have been made in my view liable for their very own crimes.
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Additional info for A Punishment for Each Criminal: Gender and Crime in Swedish Medieval Law
22 SdmL, Byggningabalken 31. 23 ÖgL, Byggningabalken 41 §1. DL,Tjuvabalken 2 §2. In DL it is allowed for a traveller, whose horse is exhausted, to help himself to some hay. To break open another person’s barn when it was uncalled for was expressly not accepted. DL, Tjuvnadsbalken 14. VmL, Manhelgdsbalken 26 §11. SdmL, Byggningabalken 10 §2, 28 §2. But compare: SdmL, Byggningabalken 10 §1 and 10 §3–4. 24 ÖgL, Byggningabalken 27, 49. DL, Byggningabalken 28. 25 ÄVgL, Förnämessaker 2 §3. YVgL, Förnämesbalken 14.
The free self-owning peasant of the laws actually had a counterpart in real life. Self-owning peasants were far more common in Sweden than elsewhere in medieval Europe. From an economic perspective, the peasants corresponded to the societal group that pays tax to an authority. However, as noted, the peasant, as we meet him in the laws is, to a certain extent, a legal fiction. ’ These positions were interlinked in society, and in the laws they created an abstract figure, ‘the peasant,’ which is the basis for the laws.
A tool to achieve this was the ‘kinship right to land’ (bördsrätten). This legal right meant that any sale of inherited land should be announced at the local assembly and the land should be publicly offered to relatives before it was sold to people outside the family. One consequence of the strong connection between the family and the land was that spouses did not inherit directly. If a married couple were to die without children, then their inherited land went back to their respective original families.
A Punishment for Each Criminal: Gender and Crime in Swedish Medieval Law by Christine Ekholst