北欧中世(スエーデン)における自力救済慣行 : 実力社会の一考察 (開学二十周年記念論文集)

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概要

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• Generally speaking, it is said that the people in the mediaeval Western Europe, who played major role in production, was forced to to live in subordinate condition under the administration of his lord. But how about the people in the mediaval Scandinavia? What sort of social condition did he live in? Now here is self-help discussed as the point at issue, letting related to the establishment of state or state-like authority, because self-help was one of the social customs in those days. Self-help is an act of regaining the infringed rights, honour, and so on by means of the private force. This is a social custom typical in the premodern society. The retaliation organized by the clan is particularly called feud. Feud being a right or a duty belonged to the clan in the acient Germanic society, it was impossible to prohibit itself. But on the costom through the mediaeval period were put step by step such a kind of restrictions in the case of feud as domestic peace, church peace, asylum, and so forth. It was free and at will for which to be chosen, an atonement or feud. But the atonement agreement becomes forced to be contracted in accordance with the establishment of state authority and at the end feud gets abolished. (It, however, never means that self-help in a wider sense of meaning was totally done away with.) The descriptions of the articles in the document called "Aldre Castgotalagen" which was compiled in the early years of the 13th century in sweden clearly verify the feud on one hand in the cases of theft, murder, and so on. But on the other hand they also depict outlawry, atonement agrement, and criminal punishment by law meeting as the optional ways to settle those cases. A certain description, what is more, gives an impression that the atonement agreement and criminal punishment by law meeting a set by compulision, not at option. The option and the compulsion among the ways of settlement are inconsistent with one another. But closer inquiry into the more realistic ways of settlement reveals that the feud is the first and foremost way of settlement and other ways of settlement are after all to depend on the concerned's option. Therefore the article which depicts the compulsory ways of settlement might merely suggest "a priniciple", not reflect the real situation. The university of feud in the society suggests that the united state authority is developed too insufficient to restrict the feud. The political turmoil during the 12th and the 14th centuries also privented the three Scandinavian countries from establishing the united state authority which was to do away with feud. Acoordingly the people essential to productive activities in the mediaeval Scandinavia had to rely upon their own private power and spend their lives under no protection of the state authority. This way of the social life was also basically applied to the manners in the economic fields.

• 1986-02-15

著者

• 伏島 正義

  城西大学経済学部

関連論文

• 北欧中世(スエーデン)における自力救済慣行 : 実力社会の一考察 (開学二十周年記念論文集)
• 北欧中世(スウェーデン)の社会とその土地所有形態 : ウップランド法典を史料として
• 北欧中世(スウェーデン)における土地所有形態 : ヨーロッパ中世成立期の土地制度研究の一階梯として(経済学)
• アングロ=サクソン社会における奴隷の再検討
• アングロ=サクソン社会における奴隷の再検討
• アングロ=サクソン社会における奴隷の再検討
• ウップランド法典(中世スェーデン)における土地所有形態
• The Society and the Form of Land Ownership inMediaeval Scandinavia (Sweden) : In the Light of the Upland-Law

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