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Chapter Summary

This study of the older Danish procedural law consisted of two parts: one concerning the normative procedural law and administration of justice that we find in the medieval provincial laws from the thirteenth century and one concerning their development and legal practice in the period around 1300 to just after the Reformation. The aim here is to investigate how these two periods and these collections of law imagined legal procedure and whether there was an agreement between normative precepts and the way in which procedure was practiced in reality. Danish procedural law conformed closely to the law of procedure initiated by the Church in the thirteenth century and replaced, so far as it was possible, formal proof such as hot irons and compurgation with substantial proof intended to decide whether an injurious action had actually taken place and, if that was the case, who was the perpetrator.

Keywords: Church; Danish procedural law; law of procedure; Reformation



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