Royal Police Ordinances in Early Modern Sweden offers a comprehensive account of the legal regulation of 16th- and 17th-century Swedish society. In comparison to present-day usage, during the early modern period the term âpoliceâ had a broader meaning. It referred to âgood societal orderâ covering a variety of areas of societal life such as public finances, commerce, professions, infrastructure, public health and poor relief, public morality, public security, and so on.
Through an analysis of a large body of ordinances Toomas Kotkas claims that in 17th-century Sweden a new, voluntaristic understanding of law emerged. Royal police ordinances were no longer perceived merely as a means of enforcing older medieval law but instead as an instrument of directing society towards aspired-to goals.
Toomas Kotkas, LL.D. (2004), is Professor of Jurisprudence and Social Law at the University of Eastern Finland. His work comprises monographs and articles on a variety of topics in the fields of legal history, legal philosophy and social law.
Acknowledgements ... xi
Abbreviations ... xiii
I Introduction ... 1
Research on Early Modern Police ... 1
Aims and Objectives of the Study ... 8
Research Material and Method ... 12
II Legislative Theory and Police in Early Modern Sweden ... 21
Development in Germany and France ... 21
Sweden and European Examples ... 26
Konungastyrelsen ... 26
Peder Manssonâs Barnabok ... 29
Johan Skytteâs Een kort Vnderwijsning ... 31
III Royal Police Ordinances between 1523 and 1611: Enforcement of Medieval Law ... 35
Swedish Society during the Sixteenth Century ... 35
Fields of Regulation ... 40
Societal and Social Order, Religion ... 40
Public Safety and Order ... 48
Poor Relief, Public Health, Education and Schooling, Culture ... 55
Economic System and Professions ... 59
Land Division, Public Construction, Real Estate, and Public Institutions ... 68
Justification of Ordinances ... 71
Political Arguments: âBenefit of the Realm and its Inhabitantsâ and âGood Orderâ ... 71
Religious Arguments: âThe Wrath of Godâ ... 75
Logic of Ordinances ... 79
Impetus for Issuing Ordinances ... 79
Addressees ... 82
Recurrence of Ordinances ... 84
Police Ordinances and Medieval Law ... 86
Summary ... 91
IV Royal Police Ordinances between 1612 and 1718: Making of New Law ... 95
Swedish Society during the Seventeenth Century ... 95
Fields of Regulation ... 99
Societal and Social Order, Religion ... 100
Public Safety and Order ... 114
Poor Relief, Public Health, Education and Schooling, Culture ... 124
Economic System and Professions ... 131
Land Division, Public Construction, Real Estate, and Public Institutions ... 150
Justification of Ordinances ... 155
Political Arguments: âBenefit of the Realm and its Inhabitantsâ and âGood Orderâ ... 155
Religious Arguments: âGodâs Blessingâ ... 161
Legal Arguments: Other Legal Sources and Foreign Law ... 164
Economic Arguments: âFlux of Commerceâ ... 167
Logic of Ordinances ... 174
Impetus for Issuing Ordinances and Addressees ... 174
Police Ordinances and Medieval Law ... 176
New Rhetoric: âIntentionsâ and âEffectsâ ... 181
Summary ... 184
Sources and Literature ... 221
Index of Names and Subjects ... 231
Anyone interested in law and the logic of legal regulation in sixteenth- and seventeenth-century Sweden and Europe against the wider background of early modern police, i.e., good societal order.