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<article dtd-version="1.1" article-type="book-review">
    <front>
        <journal-meta>
            <journal-id>TMR</journal-id>
            <journal-title-group>
                <journal-title>The Medieval Review</journal-title>
            </journal-title-group>
            <issn pub-type="epub">1096-746X</issn>
            <publisher>
                <publisher-name>Indiana University</publisher-name>
            </publisher>
        </journal-meta>
        <article-meta>
            <article-id pub-id-type="publisher-id">21.09.42</article-id>
            <title-group>
                <article-title>21.09.42, Horn/Seip (eds.), Lov og lovgivning i middelalderen</article-title>
            </title-group>
            <contrib-group>
                <contrib contrib-type="author">
                    <name>
                        <surname>Helle Vogt</surname>
                        <given-names/>
                    </name>
                    <aff>University of Copenhagen</aff>
                    <address>
                        <email>Helle.Vogt@jur.ku.dk</email>
                    </address>
                </contrib>
            </contrib-group>
            <pub-date publication-format="epub" date-type="pub" iso-8601-date="2021">
                <year>2021</year>
            </pub-date>
            <product product-type="book">
                <person-group>
                    <name>
                        <surname>Horn, Anna Catharina and Karen Arup Seip, eds</surname>
                        <given-names/>
                    </name>
                </person-group>
                <source>Lov og lovgivning i middelalderen: Nye studier av Magnus Lagabøtes landslov</source>
                <year iso-8601-date="2020">2020</year>
                <publisher-loc>Oslo, Norway</publisher-loc>
                <publisher-name>Nasjonalbiblioteket</publisher-name>
                <page-range>Pp. 345</page-range>
                <price>Free download: https://issuu.com/nasjonalbiblioteket/docs/nota_bene_14_layout_issuu__1_</price>
                <isbn>978-827-9654-612 (ebook)</isbn>
            </product>
            <permissions>
                <copyright-statement>Copyright 2021 Trustees of Indiana University. Indiana University provides the information contained in this file for non-commercial, personal, or research use only. All other use, including but not limited to commercial or scholarly reproductions, redistribution, publication or transmission, whether by electronic means or otherwise, without prior written permission of the copyright holder is strictly prohibited.</copyright-statement>
            </permissions>
        </article-meta>
    </front>
    <body>
        <p>In recent years, the Norwegian National Law of King Magnus the Lawmender
                (ON <italic>Lagebøte</italic>) (r. 1263-80) from 1274 has been the subject of intense
            studies leading up to the 750th anniversary. The law was one of the first medieval laws
            given for a whole realm, and was the product of the work of a law commission. This
            anthology is a collection of most of the new studies about the National Law, and in
            addition, the largest collection of research about the law ever published (11). The book
            consists of two introductions and ten chapters.</p>
        <p>The first chapter by the editors sets the scene: the background for the national law is
            presented in a Norwegian-Icelandic context, as well as how law, according to the
            editors, should be understood. In the Middle Ages, what mattered was not the letter of
            the law in a narrow sense, but how that law was understood, which made the author of the
            legal text and discussion about which manuscript contained the “original” less relevant
            (14). At the end of the chapter, the remaining contributions are presented.</p>
        <p>The second chapter by Mette Refslund Witting focuses on the different law manuscripts
            situated at the National Library (Nastjonalbiblioteket) in Oslo, and their history. Most
            of the manuscripts are Danish translations from the sixteenth century, when Norway was
            in union with Denmark and most officials in Norway were of Danish origin. Witting tries
            to trace the history of the manuscripts until they became part of the Library. </p>
        <p>In the third chapter, Else Mundal discuss whether the relationship with Iceland and
            Icelandic law has influenced the legislation process in Norway. After having introduced
            the legislative reforms in Iceland and Norway--Iceland came under the rule of the
            Norwegian king in 1262/64--she focuses on legislation for the poor. It is her claim that
            both Magnus Lagabøte and his father, Håkon Håkonsson (r. 1217-63), were influenced by
            the Icelandic poor law as found in the Icelandic law book Grágás: even if it was not
            directly borrowed, the influence was substantial. The argument is very convincing, but
            one could wish that influence from canon law had also had been discussed, since some of
            the features in both Norwegian and Iceland poor law have parallels in canon law, and
            hence canon law could also be a common source of influence for the poor laws in both
            countries.</p>
        <p>In the fourth chapter, Anna Catharina Horn presents a study of the law manuscripts from
            the second half of the thirteenth century. Her study is a combination of a material
            philological method and a more traditional textual critical study of the laws, with the
            purpose of getting a better understanding of what happened to legal texts when they were
            copied.</p>
        <p>Bo Alexander Granbo investigates the use of <italic>nauðsyn</italic>--translated as
                <italic>necessitas</italic> in Latin--in the National Law in the fifth chapter. The
            concept of <italic>nauðsyn</italic> is not easy to translate into modern languages,
            because it holds several meanings: it is a measure for justice in the Aristotelian
            sense, and contains an idea of equity. Granbo shows how the use of <italic>nauðsyn
           </italic> is closely linked to canon law, but it is not used unedited in the National
            Law. Granbo’s results are very interesting, and underline the importance of seeing the
            National Law, not just in a North Atlantic context, but also as a product of a legal
            culture influenced by learned law.</p>
        <p>In chapter six Jørn Øyrehagen Sunde changes the focus from the law to the administrators
            of the law--the <italic>lagmenn</italic>--who in the thirteenth century went from being
            local representatives at public assemblies to being royal officials with the power to
            pass judgments. This not only changed the social standing of the<italic>lagmenn</italic>
            who now became part of the aristocracy; it also changed the judicial and political
            setting of the assemblies, because as the king’s representatives they played an active
            role in the implementation of legal reforms, and due to their long period of service
            they created judicial stability. Sunde interprets the changed role of the officials very
            convincingly as an expression of the legal professionalism that not only arose in Norway
            but all over Europe in the thirteenth century</p>
        <p>Else Mundal’s second contribution focuses on women as legal actors in Norway and Iceland.
            Mundal shows how women in the Norwegian laws had a much more active legal role compared
            with women in Icelandic laws, an important observation in an international context since
            Icelandic law has often been used in the English-speaking world as a model for Nordic
            legal matters in general (237). Mundal has many good observations about women and law,
            and her interpretation of, for instance, why Icelandic women had such limited legal
            rights (235-6) is very convincing. The chapter is highly recommended for those who work
            on gender issues in the North.</p>
        <p>Ole-Albert Rønning-Nordby’s contribution focuses on the compurgator oaths in the
            Norwegian laws. He reflects on why the Norwegian laws in general had few compurgators,
            and why single oaths of refusal given by the defendant alone became widely used in the
            National Law. The reason for the limited number of oath helpers and the single oaths,
            compared with many other Germanic laws where the twelve-men oath dominates, is
            convincingly explained by Rønning-Nordby as a logical consequence of the pattern of
            settlement in Norway with very few villages, and the often long distances between the
            farms.</p>
        <p>In the ninth chapter by Brage Thunestvedt Hatløy, the focus becomes strictly legal when
            he investigates the institution of mortgage in the Norwegian laws. The focus is narrowed
            onto the Norwegian laws, and the changes that took place with the introduction of the
            National Law. The article goes through the different kinds of mortgage as mortgage of
            real estate and pledge. Hatløy shows how the institution of mortgage changed
            substantially in the National Law, and discuss the political background for these
            changes.</p>
        <p>The last contribution, by Johanne Fjesme Nakrem, takes the reader into the narrative
            universe of the sagas and the connected fields of law and literature, by analysing the
            late thirteenth-century <italic>Hænsa-Þóris saga</italic> (the <italic>Saga of Chicken
                Tore</italic>). Legal conflicts are a significant part of the saga written at the
            same time as Iceland got a new law book--Jónsbók--from the Norwegian king. The conflict
            is about whether a legal or moral right exists to sell hay to your neighbours in times
            of need. Nakrem shows how the norms of Jónsbók regarding hay in times of need are
            presented as being just and fair, whereas the system found in Grágás is not, and hence
            she reads the saga as a political text praising the values of the new law. </p>
        <p>In general, the contributions are all well-written and substantial contributions to the
            body of research on Scandinavian law. The publication covers a wide range of
            disciplines, glued together by the focus on thirteenth-century Norwegian and Icelandic
            laws. Scholars of all levels, as well as generalists interested in Norwegian history,
            will--regardless of their background--find contributions of interest in this
            multi-facetted book.</p>
        <p>The book is in Norwegian, and hence only for a limited audience, but an English
            translation of the National Law--the subject of the book--made by Jóhanna Katrín
            Friðriksdóttir is planned for publication in 2024.</p>
    </body>
</article>