Gavin Howe
Despite their reputation as raiders, pillagers, and killers, the Vikings had a legal system. They had a democratic society, where free men could gather in their communities to make laws and decide cases in meetings called 'Things'. Each community had its own Thing, and all free men could attend. The Things were dominated by powerful local families, and were led by a law speaker who would recite the law from memory. Viking laws were designed to prevent feuds and maintain social order, protect community welfare, and uphold honour. They included provisions for women's rights, such as the right to divorce, inherit property, and manage finances.
| Characteristics | Values |
|---|---|
| Oral tradition | Laws were memorised and recited by law speakers |
| Written laws | The laws were first written down in 1117-1118 |
| Governance | Laws were made by the law council |
| Dispute resolution | Disputes were resolved through negotiation and compromise |
| Justice | Fairness in dealing with others was essential |
| Equality | Women could own property, initiate divorces, and manage their finances |
| Outlawing | Outlaws were banished from society, had their property confiscated, and could be killed by anyone |
| Fines | Fines were a common punishment, varying in amount depending on the severity of the offence |
| Assembly | Local þing, regional þing, and national þing (Alþing) existed for all free men to attend |
| Appeal | Individuals could appeal verdicts and take their case to a higher assembly |
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What You'll Learn
Women's rights
Viking women had more freedom and held more power in their society than many other women of their day. They enjoyed legal rights and a degree of autonomy and protection that were uncommon in medieval Europe.
Viking women could own property, request a divorce, and reclaim their dowries if their marriages ended. They could also initiate divorce proceedings for various reasons, including failure to provide, mistreatment, or infidelity. The process involved declaring their intent to divorce in front of witnesses. However, women could not appear in court or receive a share of their husband's inheritance. While women were excluded from political and governmental activities, they held significant power and responsibility within the household and the wider community. They managed farms, participated in trade, and occasionally took up arms.
Viking women were also involved in the production of textiles, which was reserved for women, while metalwork and carpentry were typically undertaken by men. They also had the right to choose a husband and later decide not to marry him if they so wished. However, their world was centred around the home and the farm, and their sphere of influence was domestic.
Viking society may have promoted gender equality more than a thousand years ago, challenging common perceptions of gender roles in the Viking Age. While Viking men were renowned for their roles as warriors and traders, stories and literary works also describe female warriors known as "shieldmaidens", who fought alongside men in battles. Recent DNA evidence also suggests that Norse women joined their men for Viking Age migrations and were important agents in the processes of migration and assimilation.
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Outlawing
Some famous figures in Viking sagas, such as Erik the Red, were outlaws. Erik the Red's outlawry led him to confirm the existence of Greenland and establish the first Norse settlement there. Other notable outlaws include Egil Skallagrímsson and Grettir Ásmundarson. Even Odin, the chieftain of the gods, was said to have been outlawed by the other gods on at least one occasion.
Being an outlaw was a dreadful punishment, and it often led to the person fleeing the country and trying to settle elsewhere. Outlawry was considered a form of social death, and it was extremely difficult both physically and emotionally. Outlaws were seen as wild and uncivilized, no longer part of human society. They were at the bottom of the social hierarchy, even below thralls (Viking Age slaves). An outlaw was typically a former freeman who had committed a severe crime that shamed everyone associated with him.
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Fines
Viking law and legal procedures varied from one Norse land to another and changed throughout the Viking period. There was no written code of law during the Viking Age, but a code of fines, duels, and disavowing criminals was the standard across the Scandinavian world. Fines were the most common punishment and could be paid in goods or coin.
In medieval Scandinavia, fines were split three ways: one-third was paid to the wronged party, one-third to the hundred, and one-third to the king. The Norwegian Gulating law, for example, dictates that a king had to pay a fine of 576 auras (48 baugs) for wounding a man, while a freed thrall had to pay 12 aurars (a single baug).
In Sweden, the Forsaringen, an iron ring from the door of the church of Forsa in Hälsingland, is the earliest written law. The inscription seems to list fines, with the fine doubling for each new offence.
In Iceland, disputes and laws were settled at the national Thing, or the Althing. Malefactors found guilty at the Thing were fined, declared semi-outlaws, or fully outlawed. Outlawry effectively exiled wrongdoers from society, stripping them of their rights and making it legal for anyone to harm them without repercussions.
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Consensus and negotiation
Viking law, or "Viking-age law", was a subset of Germanic law practised by North Germanic peoples. During the Viking Age, the Norse had an oral culture, and laws were memorised by appointed law speakers. These laws were recited at assemblies called "Things", where disputes were settled and laws were made. Each community had its own independent Thing, which was open to virtually all free men. At these assemblies, complaints were heard, decisions were rendered, and laws were passed. The Thing was a democratic institution that upheld the legal and social order, allowing even ordinary free men to have a say in the governance of their community.
The Icelandic settlers were opposed to a central state dependent on the authority of a lord or king. Instead, they set up a system of laws whereby people were governed by consensus and where disputes were resolved through negotiation and compromise. This system was reflected in the laws and practices of Viking society, which ensured that legal decisions reinforced these key values. For example, if a dispute over land ownership arose, it would be brought to the Thing, where a decision would be made based on testimony, evidence, and the application of core principles such as the maintenance of peace within the community, the protection of community welfare, and the upholding of honour.
While violence and duelling were permissible and even required in some instances to maintain one's honour, adherence to the law was highly regarded. The most common means of justice were fines, with the amount varying depending on the severity of the offence. Outlawing was also a form of punishment, which carried severe consequences. An outlaw was put outside of Viking law, banished from society, and had their property confiscated. They were to receive no help, food, or support from anyone, and they could be killed by anyone.
In 1117, the Althing decided that all the laws should be written down, resulting in the Gray Goose Laws (Icelandic: Grágás). These laws were a collection of civil laws and laws governing the Christian church in Iceland. As Christianity spread throughout Scandinavia, monks played a significant role in committing Viking laws to writing.
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Oral tradition
The Skalds, or saga poets, were revered storytellers and poets in Viking societies. They played a crucial role in preserving and interpreting myths, legends, oral histories, and sagas—intertwining history, mythology, and cultural values. Skalds were highly respected and their performances at feasting halls or family gatherings helped reinforce what it meant to be a "Viking". The oral histories developed by the Skalds were eventually translated into literary forms, preserving the heritage of the entire region of Norse influence.
In Viking assemblies, the oral tradition was not just a means of communication but a vital tool for maintaining law and order. The law speaker, or "lögsögumaður", was responsible for the preservation and clarification of the legal tradition. They had to memorise and recite the numerous rules of society at communal meetings and gatherings. Over their three-year term, the law speaker would have recited the entire law code. The law code, or "Grágás", contains oaths and other formulae composed with rhythmic elements and alliterative patterns, making the laws easier to remember when they existed only in oral form.
Viking sagas, which began as spoken stories passed down through generations, also played a role in transmitting laws and legal procedures. These sagas were a blend of fact, fiction, and tradition, capturing cultural memory and lived experiences. They were not created solely for entertainment but served as moral and social tools, shaping how people thought, behaved, and judged others. Icelandic family sagas, written down hundreds of years after the Norse era, also provide valuable insights into the legal procedures of the Viking Age.
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Frequently asked questions
Viking laws were called the Thing, or the Althing in the case of Iceland.
Things were open to virtually all free men. Local chieftains, called goði, would also attend to judge and settle disputes.
Punishments for breaking Viking laws included fines and outlawing. Outlaws were banished from Viking society, had their property confiscated, and could be killed by anyone.
Viking laws were based on fairness, equity, and social order. They also upheld personal and family honour.
Viking law included provisions for women's rights, such as the right to divorce, inherit property, and manage their finances.
