Slusher, Jeffrey L. Runic Wisdom in "Njal's Saga."

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  • Author: Slusher, Jeffrey L.
  • Title: Runic Wisdom in "Njal's Saga and Nordic Mythology: Roots of an Oral Legal Tradition in Northern Europe."
  • Published in: Cardozo Studies in Law and Literature 3, 1
  • Year: 1991
  • Pages: 21-39
  • E-text: JSTOR
  • Reference: Slusher, Jeffrey L. "Runic Wisdom in "Njal's Saga." Cardozo Studies in Law and Literature 3, 1 (1991): 21-39.

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Annotation

This work describes Njáll as a lawyer and the legal system he worked within. Slusher discusses the importance of the spoken word in legal disputes in Njáls saga and in the legal tradition of Northern Europe. He compares the magic combination of runes to legal formulas and he likens characters from Njáls saga with gods from Nordic Mythology, e.g. he compares Gunnar with Þórr and Njáll with Óðinn. This article illustrates how the decline in oral tradition in law led to a decrease in respect for the law and its practitioners. Slusher argues that as oral tradition faded and written law became more prominent, the law became more prescriptive and was not as procedural as well as less dependent on the performance of the litigants before the court. He goes on to discuss how law became increasingly esoteric to the layman. He concedes our modern society is too complex for a law speaker to mediate, but he does point out that oral tradition is still present in modern legal systems e.g. the testimony of a witness and oral oaths. He concludes rediscovering oral tradition in law may help us build law both professional and layman can respect.

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See also

References

Chapter 142: þetta voru lög: "The "secret" knowledge of Njal and other "lawyers" in Njal's Saga, often expressed in terms of legal formulas similar to mythological runic incantations, solves many of the legal disputes in the saga. Indeed, recitation of a formula is involved in nearly every legal claim in the saga. At the trial of the Burners, the Law-Speaker was surprised that Thorhall knew the "secret rule" that temporarily saved Kari's claim. Even if this episode is not legally accurate, it does recall similar mythological episodes." (p. 28)

Links

  • Written by: Jesse Barber
  • Icelandic/English translation: