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03.02.2020

Norse legal assemblies

During the Viking Age, politics in Norse societies wasn't solely defined by the raw personal power of chieftains and kings; it also encompassed legal assemblies known as "þing" in Old Norse, which held authority based on law rather than force.

Despite the Vikings' reputation for savagery, their societies placed significant importance on the rule of law. In fact, the English word "law" itself originates from the Old Norse term "lög." The term was used frequently by Vikings in England, eventually making its way into the English language.

Norse legal assemblies were typically conducted outdoors, often marked off by a fence or rope. Participation was open to all free men, although slaves, who occupied the lowest rung of the Viking social hierarchy, were excluded. Women seemed to have a voice when they acted as representatives of male relatives who were unable to attend.

These assemblies were primarily held at the local level, with occasional regional assemblies occurring but less frequently. Iceland was a unique exception, hosting a national assembly during the Viking Age.

At the assembly, the laws were recited and could be amended or augmented by the participants. Disputes were also resolved at these gatherings. Thus, the assembly served functions equivalent to the legislative and judicial branches of modern governments. The content of the laws varied from one political entity to another, meaning there was no uniform set of "Viking laws." Unfortunately, specific details about the procedural workings of these assemblies are scarce in historical records.

Despite combining legislative and judicial functions, these legal assemblies lacked an executive branch to enforce their decisions and laws. When a dispute was settled, it fell to the victorious party and their family to enforce the assembly's decision. Typically, individuals found guilty of a crime were required to pay a fine to the aggrieved party as punishment. However, for more severe crimes or if the guilty party failed to pay the required fine, they could be declared an "outlaw." This meant that legal protection was withdrawn, and they could be legally killed by anyone. In this way, the assembly relied on defendants and the general populace to carry out the enforcement, effectively delegating the "dirty work."

Regarding the relationship between the legal assemblies and rulers, such as chieftains and kings, historical sources are notably silent, leaving modern scholars with limited insights into this aspect of governance during the Viking Age.

Norse legal assemblies

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