Summoning to Court

Ordines Iudiciarii and Swedish Medieval Legislation

Bibliographic Data

ID11991778
AuthorsHeikki Pihlajamäki (0000-0003-2240-3858, University of Helsinki, corresponding author)
Year2020
Volume45
Issue5
Pages547-572
Publication date2020-06-21
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueScandinavian Journal of History (JOURNAL)
Journal identifiersISSN: 0346-8755 • E-ISSN: 1502-7716
PublisherRoutledge (PUBLISHER • GB)
DOI10.1080/03468755.2020.1769720
OpenAlexW3036277379
LanguageEN
Citations received1
References cited22

The development of the law of summons demonstrates how the latest international innovations in procedural law, which the twelfth- and thirteenth-century canonists had developed, were adopted first in the Swedish provincial laws and then in the laws of the realm. The canon law of summons, adopted in the Swedish medieval laws, was part of two broader developments. First, the rules on summons were probably part of the canon law idea of ordo iudiciarius, which was also adopted in Sweden. In Sweden, the rules on summons were always accompanied by a separate procedural chapter, which regulated the whole procedure chronologically from beginning to end – although some laws were more elaborate on some details than others were. The article suggests that the procedural chapters were in fact the Swedish equivalent of ordines, although the Swedish ‘ordines’ were of course legislation, not scholarly literature. Second, the Swedish ‘ordines iudiciarii’ with their rules on summons reflect inquisitorial principle and canon law influence making its way into the Swedish procedure. The Swedish rulers, just as their counterparts elsewhere in Europe, were making a conscious effort to organize court procedures into more uniform and efficient form

Legislation · Political science · Procedural law · Realm · Summons · Comparative and International Law Studies · Historical Legal Studies and Society · Judicial and Constitutional Studies · Law

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