Helle Vogt's ambitious book discusses the role of kinship in medieval Scandinavian (Danish, Norwegian, Swedish) provincial and some nationwide laws roughly covering the period 1150–1350. A study of the Icelandic Grágás and the law of Gotland are omitted. Vogt's main sources are the Scandinavian medieval laws in modern editions supplemented with other material: some statutes, documents, chronicles, and sagas. No unpublished sources are referred to.
According to Vogt, the Scandinavian kings and the intellectual university-trained clerical elite shared common concerns for peace and, considering the canonical notion of kinship as the best tool for spreading it, joined forces in infiltrating this ideology into the provincial laws.
The volume is divided into two main parts. First, Vogt presents her interpretation of the “ideological and practical background for the legislation.” The second part assesses and examines “the function of canonical kinship” in the laws: the role and criminal responsibility of kin in legal disputes, inheritance, ownership of property, land law, marriage, and caring for the elderly.
The book is very useful for an English-speaking audience as few books contain such an excellent overview of medieval Scandinavian provincial laws. It also gives the readers an introduction to some of the recent Nordic discussions concerning medieval law and society.
The book is written by a researcher with a strong vision. Helle Vogt's research is polemical, starting from its very title. To what extent the medieval provincial laws can be called “legislation” is debatable – and has been debated for decades. She paints her canvas with bold and generalizing brush strokes.
Vogt is undoubtedly at her best when engaging in debates concerning interpretations of Danish development and laws. Her strength here is also reflected in her literature list including slightly fewer than sixty titles on Denmark. For Norway, the number is half. Especially discussing Sweden, Vogt fails to refer to all relevant literature. Reflecting this, only about twenty titles in her literature list focus on Sweden.
Concerning Sweden, which I know best, some assertions may go two steps too far in light of the evidence. For example, why would the thirteenth-century church have introduced notions of collective guilt for crime? After all, these had already become antiquated in canon law stressing individual guilt. Similarly, were the main functions of the provincial laws really to “introduce this ideology [ecclesiastical concept of kinship]” (63), to “enhance the position of the king and … create the foundation for a uniform and precise establishment of legal norms that should prevail?” (63). Would thirteenth-century kings have had the authority to mastermind and enforce ideological takeovers of the provincial laws? Still, Vogt's book will certainly spur others on to new research and discussion.
One of my major remarks concerns the book's premise that Scandinavian laws can be treated as an ideological entity. The development of the three kingdoms was different. Their size and scope and number of laws varied considerably. Whereas Danish towns were rich and blooming around the year 1150, missionary bishops could still expect martyrdom by pagan Finns in the eastern part of the vast and sparsely inhabited Swedish kingdom. Only in medieval Denmark did something resembling serfdom develop. Research must consider the differences in the political and economic structure among the countries. For example, Vogt discusses the effects of later Christianization and state formation in Sweden. However, its electoral monarchy and constant political instability (only one Swedish medieval king rose to power without a coup and remained undeposed) restrained the legislative pretensions of kings needing the support of provinces and nobles.
Another reason for cautiousness is the book's somewhat casual attitude to references and footnotes. The more novel or polemic the interpretations, the more meticulously they need to be grounded in sources and previous research, and carefully argued to persuade. Unfortunately, on many occasions the reader is left wondering what sources or researchers the author is referring to. In other places, Helle Vogt uses expressions such as “several studies and legal theories try to explain” (62) or “many historians and legal historians claim” (13) without specifying who and what are meant.
Because of the book's importance as an English overview, its language and terminology should have received more attention. For example, it has three different variants for the Swedish provincial laws' chapters on the church and instead of “kin's board” one might talk of a “panel of kinsmen.” Both the Swedish lagman, higher judge, and häradshövding, local judge, have been translated as “provincial governor”—as misleading as calling a legal guardian “warden.” An extra round of proofreading would have reduced the number of typographical errors.
The Function of Kinship is likely to interest those seeking to understand the dynamics of law-making in the Middle Ages, the interaction among church, royal power, and society, and the spreading of the canonical computation of consanguinity in Europe. The book can also be warmly recommended to those generally interested in medieval Scandinavian law.
