Suchergebnisse

This volume is the first study of the influence of Roman law on the first written law of Iceland. Starting with a presentation of the legislation during the period of the Icelandic free state, Hafliði Másson is presented in detail. Through him influences from Roman law, as well as norms from the Old Testament played a part in the legal codex of Grágás. The work is thus of significance for legal history as well as for German and Byzantine studies. Hans Henning Hoff, Hamburg.

Grein sú sem hér er þýdd birtist í bandaríska tímaritinu Law and Literature á liðnu ári. Hún ber vott um vaxandi þátttöku norrænna fræðimanna á alþjóðlegu rannsóknarsviði laga og bókmennta á síðari árum en er einnig til marks um forvitnilegt og frjótt samstarf tveggja einstaklinga sem tilheyra ólíkum rannsóknarhefðum bókmenntafræði og lögfræði. Birt með leyfi höfunda og Taylor & Francis Ltd. © Cardozo School of Law.

Der Supplementband ergänzt die 2006 bis 2009 erschienene siebenbändige Ausgabe der Constitutional Documents of the United States of America 1776–1860. Er enthält 14 Verfassungsdokumente zu acht verschiedenen Bundesstaaten die erst jetzt in amerikanischen Bibliotheken und Archiven zugänglich wurden. Darunter ist u. a. auch die Verfassung der kurzlebigen, 1832 bis 1835 von New Hampshire abgespaltenen "Republic of Indian Stream", sowie seltene englisch- und spanischsprachige Verfassungsdokumente aus New Mexico und Texas. Die Texte wurden auf der Grundlage der mitunter seltenen Originaldrucke der offiziellen Staats- oder Konventsdrucker unter Hinzuziehung der Originalmanuskripte ediert, annotiert und indexiert

Medieval Icelandic law contains no provisions about copyright. Authors used without hesitation narrative texts by others, but poets were paid for composing laudatory poems about kings and narrators for telling stories at their courts. The art of storytelling became a speciality of Icelanders, who were also hired to write biographies of Norwegian kings. It was considered reprehensible to use the poetry of others as one's own work. Two Norwegian poets may have got the cognomens skáldaspillir (Destroyer of poets?) and illskælda (Bad or Evil poet?) for plagiarism. An Icelandic poet composed a laudatory poem about a woman but changed it to fit another one, receiving a bitter revenge. In Icelandic sagas stanzas occur frequently and, unlike borrowings in prose, their authors are usually named. In the medieval law of Iceland it is forbidden to compose about people not only derogatory but also laudatory poetry. Conceivably it has been considered to give the author some kind of power over the person who was the subject of the poetry. Proper copyright, though, does not occur in Icelandic law until the beginning of the twentieth century.

Erlendis hafa þverfaglegar rannsóknir á sviði laga og bókmennta verið blómlegar á undanförnum ártugum. Á fyrstu áratugum tuttugustu aldar mótaðist meðal bandarískra lögfræðikennara hreyfing í kringum þetta efni (e. the law and literature movement) sem hafði framan af þann tilgang að bæta húmanískan bakgrunn lögfræðinema. Um miðjan þriðja áratuginn voru færð rök fyrir mikilvægi þess að lögfræðingar kynntu sér skáldskap og bókmenntir. Þar sem starf stéttarinnar snerist að verulegu leyti um skriftir (að semja sóknar- og varnarræður, lög og dómsorð) væri yfirgripsmikil þekking á stíl og stílbrögðum gagnleg hverjum þeim sem vildi ná árangri í faginu. Ekki leið á löngu þar til bandaríska fræðiumræðan fór að hafa áhrif víðar, meðal annars í Evrópu. Meginmarkmið með þessu þemahefti Ritisins er að kynna þessa fræðahefð hérlendis og vekja áhuga á margháttuðum tengslum lögfræðinnar við bókmenntafræði, sagnfræði og heimspeki. Í heftinu birtast fjórar frumsamdar og tvær þýddar greinar þar sem lög og bókmenntir fléttast saman.

The aim of this article is to discuss two contemporary Icelandic novels, Kata by Steinar Bragi and Gott fólk by Valur Grettisson, in connection to interpretations of revenge literature and films in the field of Law and literature. Both novels deal with shortcomings in the legal system and judiciary in dealing with and proving crimes involving rape and sexual abuse. This analysis focuses on how the two novels are connected to the advocacy for change, both for the legislator and the judicial system in Iceland. The novel Kata is named after the protagonist, whose daughter is kidnapped, raped and murdered. Kata decides to revenge her daughter and murder the perpetrators, one by one. Throughout the story the reader is made aware of the necessity of avenge, but still the question of righteousness remains. In Gott fólk the narrator, Sölvi, is put through the accountability process by Sara and her friends, after she accuses him of both mental and sexual misconduct during the time of their relationship. Sölvi experiences the process as revenge, but to the reader it is clear that he is guilty and cannot cope with that realization. The two novels offer a basis for discussion on sexual offence, the legal system, revenge and justice.

The article recounts the account from the Árna saga about Loftur Helgason's trip to Bergen in 1282 and his stay there over winter, explained in terms of the formal sources about the organization of the government and changes in the law in the latter half of the 13th century. These changes were aimed at introducing into Iceland the power of both the King and the Church and in fact marked the actual changes throughout the Norwegian state. Loftur was Skálholt's official and the story about him was part of a long-standing dispute about the position of the chieftains versus the new power of the Church and the opposition to its introduction. The article defines the political confusion described in the Árna sagain Bergen in the winter of 1282-1283 as, on the one hand, changes in the constitution and, on the other hand, legislation, and at the same time whether the Kings Hákon Hákonarson and his son Magnús had systematically pursued a policy of having the Church be an independent party to the government of the state from 1247 onward until the death of the latter in 1280. When the disagreement is looked at as continuing, it is seen that Icelanders had made preparations for changes in the constitution with assurances of introduction of the power of the Church beginning in 1253 and the power of the King from 1262, but, on the other hand, the disagreements in both countries disappeared in the 1270s in the face of the conflict of interests that resulted from the laws that followed in the wake of the constiututional changes. Árna saga tell of this and how the disputes were described, but also that their nature changed as King Erikur came to power in 1280, as he gave the power of the King a new policy that was aimed against the power of the Church. Ousting of the archbishop from Norway and the Christian funerals of the excommunicated chieftains are examples of the conditions of government that could not have been, if the King had no longer had executive power over Christian concerns, as he had already conceded power over spiritual issues to the Pope in Rome with the Settlement at Túnsberg in 1277.