Outlawry was a severe form of punishment in the Viking Age, primarily used in Scandinavia and Iceland. This term meant that a person was declared outside the protection of the law, making them a target for anyone who wished to harm them without legal repercussions.
The Concept and Consequences of Outlawry
Legal Practices and Social Implications
In Viking societies, where formal state enforcement agencies like police did not exist, it was up to the community to uphold the law. Laws essentially mirrored the societal norms and values of the time.
Leaders and legal assemblies relied heavily on the community to enforce these laws actively. When someone committed acts considered unforgivable, such as murder, theft, or betrayal, the community might declare them an outlaw.
Being declared an outlaw did not just mean a loss of social standing; it meant a loss of all legal protections. An outlaw’s property could be seized, and they could be killed by anyone. In essence, this status was a death sentence carried out by the community or left to the harsh elements outside human settlements. Outlaws often fled to uninhabited areas to escape death.
Types of Outlawry
Not all outlawries were the same. In Iceland, for instance, there were two levels: full and lesser outlawry. Full outlawry was a lifelong banishment often symbolized by the term “going into the forest,” reflecting the literal and figurative isolation from society. Lesser outlawry, however, lasted for three years and offered a possibility of reconciliation with the community.
The term “full outlaw” or skógarmaðr indicated a person completely excluded from society, forced to live in isolation or flee the country. These individuals, stripped of their social identities, faced what was termed a “social death.” They lost all rights to participate in society, akin to becoming a ghost among the living.
Outlawry and Norse Culture
Outlawry deeply intertwined with the cultural and legal fabric of Norse societies. For the Norse, law and society were almost synonymous. Being outside the law meant being outside of society, an outcast with no social support system. This form of punishment was one of the harshest because it attacked the very social identity and survival of an individual.
Famous figures in Norse sagas, such as Erik the Red and Grettir Ásmundarson, were outlaws. Their stories often depict the extreme challenges and occasional heroic exploits associated with living outside the law. These sagas show that, despite their hardships, some outlaws achieved remarkable feats and even led significant explorations and settlements.
In Viking culture, outlawry reflected more than just a legal penalty; it was a fundamental severance from the community that could lead to physical and emotional hardship. Yet, it also highlighted the strong communal bonds and the severe consequences of breaking them. This balance between individual actions and communal well-being was central to understanding Viking social structures and their approach to law and order.