Conquest and the law in Swedish Livonia, Ca. 1630 -1710 : a case of legal pluralism in early ... modern europe.

In 'Conquest and the Law in Swedish Livonia (ca. 1630-1710)', Heikki Pihlajamäki offers an exciting account of the law and judiciary in seventeenth-century Livonia. Immediately after Sweden conquered the province in the 1620s, a reorganization of the Livonian judiciary began. Its legal order became largely modelled after Swedish law, which differed in important ways from its Livonian counterpart. While Livonian legal tradition was firmly anchored in the European 'ius commune', the conquerors' law was, by nature, not founded in legal learning. The volume convincingly demonstrates how the differences in legal cultures decisively affected the way Livonian judicial and procedural systems were shaped. Based on archival sources, the study presents an important contribution to the comparative legal history of the early modern period.

Print version record.

Conquest and the Law in Swedish Livonia (ca. 1630-1710): A Case of Legal Pluralism in Early Modern Europe; Copyright; Contents; Acknowledgements; 1 Introduction; 1.1 The Research Questions; 1.2 Archival Material; 1.3 Previous Research; 1.4 The Structure of the Book; 2 The Outset: The Livonian and Swedish Legal Orders at the Time of the Swedish Conquest; 2.1 Livonian Administration, Judiciary, and the Legal Procedure before the Swedish Conquest; 2.2 Livonian Law and the Legal Sources: The European Context; 2.3 Swedish Law before the Conquest of Livonia; 2.4 Summary.

3 The Reorganisation of the Livonian Judiciary under the Swedish Rule3.1 The Alternatives: Colonial Systems and Their Judicial Organisations; 3.2 Sweden's Other Overseas Possessions: Organizing the Judiciary in Estonia and the Reich; 3.3 Reforming the Livonian Judicial Structure; 3.4 The Personnel in Charge: Judges, Lawyers, and Administrators; 3.5 Summary; 4 The Procedure in the Livonian Courts of the Swedish Era; 4.1 The Classification of Cases into Civil and Criminal; 4.2 The Civil Procedure in the Lower Courts; 4.3 The Criminal Procedure in the Lower Courts.

4.4 The Cases and the Procedure at the High Court of Dorpat4.5 The Revision Procedure; 4.6 Summary: Legal Procedure in Seventeenth-Century Livonia; 5 Transplanting Swedish Law? The Legal Sources at the Livonian Courts; 5.1 The Theory of Legal Spheres; 5.2 The Ius Commune in the Livonian Court Records; 5.3 The Influence of Swedish Law in Livonia; 5.4 The Livonian Legal Sources; 5.5 Divine Law and Natural Law; 5.6 The Theory and the Practice of Legal Sources: Europe and Livonia; 6 Conclusions; 6.1 The Starting Point: Livonian and Swedish Law before the Conquest.

6.2 The Organization of the Judiciary in Swedish Livonia6.3 The Judicial Procedure; 6.4 Legal Sources in the Courts of Swedish Livonia; Sources and Bibliography; Archival Sources; Printed Sources; Literature; Index.

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