Udal Law
Encyclopedia
Udal law is a near-defunct Norse
derived legal system, which is found in Shetland and Orkney, Scotland
and in Manx law
at the Isle of Man
. It is closely related to Odelsrett
.
Udal law was codified by the kings Magnus I of Norway
"the good" and Magnus VI of Norway
"lawmender". The Treaty of Perth
transferred the Outer Hebrides
and Isle of Man to Scots law
while Norse law and rule still applied for Shetland and Orkney.
Scottish Courts have intermittently acknowledged the supremacy of Udal law in property cases up to the present day. Major differences from Scots law
include shore
ownership
rights, important for pipeline
s and cable
s.
Udal law generally holds sway in Shetland and Orkney, along with Scots law
.
Norsemen
Norsemen is used to refer to the group of people as a whole who spoke what is now called the Old Norse language belonging to the North Germanic branch of Indo-European languages, especially Norwegian, Icelandic, Faroese, Swedish and Danish in their earlier forms.The meaning of Norseman was "people...
derived legal system, which is found in Shetland and Orkney, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and in Manx law
Manx law
The legal system on the Isle of Man is Manx customary law, a form of common law. Manx law originally derived from Gaelic Brehon law and Norse Udal law...
at the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. It is closely related to Odelsrett
Odelsrett
The Odelsrett is an ancient Scandinavian allodial title which has survived in Norway as odelsrett and existed until recent times in Sweden as bördsrätt....
.
Udal law was codified by the kings Magnus I of Norway
Magnus I of Norway
Magnus I , known as the Good or the Noble, was the King of Norway from 1035 to 1047 and the King of Denmark from 1042 to 1047. He was an illegitimate son of king Olaf II of Norway, but fled with his mother in 1028 when his father was dethroned. In 1035 he returned to Norway and was crowned king at...
"the good" and Magnus VI of Norway
Magnus VI of Norway
Magnus VI Lagabøte or Magnus Håkonsson , was king of Norway from 1263 until 1280.-Early life:...
"lawmender". The Treaty of Perth
Treaty of Perth
The Treaty of Perth, 1266, ended military conflict between Norway, under King Magnus VI of Norway, and Scotland, under King Alexander III, over the sovereignty of the Hebrides and the Isle of Man....
transferred the Outer Hebrides
Outer Hebrides
The Outer Hebrides also known as the Western Isles and the Long Island, is an island chain off the west coast of Scotland. The islands are geographically contiguous with Comhairle nan Eilean Siar, one of the 32 unitary council areas of Scotland...
and Isle of Man to Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
while Norse law and rule still applied for Shetland and Orkney.
Scottish Courts have intermittently acknowledged the supremacy of Udal law in property cases up to the present day. Major differences from Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
include shore
Shore
A shore or shoreline is the fringe of land at the edge of a large body of water, such as an ocean, sea, or lake. In Physical Oceanography a shore is the wider fringe that is geologically modified by the action of the body of water past and present, while the beach is at the edge of the shore,...
ownership
Ownership
Ownership is the state or fact of exclusive rights and control over property, which may be an object, land/real estate or intellectual property. Ownership involves multiple rights, collectively referred to as title, which may be separated and held by different parties. The concept of ownership has...
rights, important for pipeline
Pipeline transport
Pipeline transport is the transportation of goods through a pipe. Most commonly, liquids and gases are sent, but pneumatic tubes that transport solid capsules using compressed air are also used....
s and cable
Cable
A cable is two or more wires running side by side and bonded, twisted or braided together to form a single assembly. In mechanics cables, otherwise known as wire ropes, are used for lifting, hauling and towing or conveying force through tension. In electrical engineering cables are used to carry...
s.
Udal law generally holds sway in Shetland and Orkney, along with Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
.
See also
- Norn languageNorn languageNorn is an extinct North Germanic language that was spoken in Shetland and Orkney, off the north coast of mainland Scotland, and in Caithness. After the islands were pledged to Scotland by Norway in the 15th century, it was gradually replaced by Scots and on the mainland by Scottish...
- Allodial titleAllodial titleAllodial title constitutes ownership of real property that is independent of any superior landlord, but it should not be confused with anarchy as the owner of allodial land is not independent of his sovereign...
- Ancient Norwegian property lawsAncient Norwegian property lawsTwo Norwegian property laws, which are so ancient that the time of their enactment is lost, govern Norwegian property. These are the Åsetesrett , and the Odelsrett ....
- Odal (rune)
External links
- Historical look at Udal Law - Charles-tait.co.uk Retrieved from Internet ArchiveInternet ArchiveThe Internet Archive is a non-profit digital library with the stated mission of "universal access to all knowledge". It offers permanent storage and access to collections of digitized materials, including websites, music, moving images, and nearly 3 million public domain books. The Internet Archive...
on 10 February 2006. - Udal Law campaign group
- Article including several case references
- Article on Udal Law and coastline ownership
- Scotsman article
- Article highlighting Udal/Feudal Difference
Further reading
- Drever, W.P. Udal Law in the Orkneys and Zetland