By Christine Ekholst
A Punishment for every felony is the 1st in-depth research of ways gender inspired Swedish medieval legislations. Christine Ekholst demonstrates how the legislations codes steadily and inconsistently brought girls as attainable perpetrators for all severe crimes. The legislation demonstrate that legislators not just anticipated women and men to devote varieties of crimes; in addition they punished women and men in numerous methods in the event that they have been convicted. The legislation regularly stipulated diversified tools of executions for women and men; whereas males have been hanged or damaged at the wheel, girls have been buried alive, stoned, or burned on the stake. A Punishment for every felony explores the historical past to the $64000 legislative alterations that came about while ladies have been made individually accountable for their very own crimes.
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Extra info for A Punishment for Each Criminal: Gender and Crime in Swedish Medieval Law
This tendency, which can seem odd in societies that hold persons innocent until proven guilty, is not only found among the property crimes. We find a reverse burden of proof in many parts of the laws, which put the responsibility onto the respondent. 17 To avoid putting yourself in a situation where you could be accused of committing a crime, it was best to bring some company. You should always have others around who could testify to your innocence if it were needed. 18 The laws make it clear that it was best not to travel by oneself at all.
40 Iteration, the repetition of an act, is a recurrent theme in these provisions. The Södermanna Law states that a peasant could testify that he had mistaken where the border between his fields and those of his neighbours was located, and in this case he only would have to pay compensation if he had reaped or cut on his neighbour’s land. In fact, he could do this for up to three land parcels. 41 The compensation is often doubled and then tripled for iteration; for example, three örar each for up to three incidents.
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. In reality, people must have actually lived in a variety of ways that differed quite substantially from this. In practice, one can also find flexibility in the system: if necessary, gender could be of less importance than a person’s position as a master of a household.
A Punishment for Each Criminal: Gender and Crime in Swedish Medieval Law by Christine Ekholst