Gripla - 20.12.2018, Page 222

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to resolve the many contradictions that existed between individual laws
of different background and outlook. the bishops and priests who were
involved with compiling the older Christian Law of Iceland had surely
learned the basics of canon law when they studied to become clerics. their
lawbook looks like they freely formulated what they thought was impor-
tant in that law without following a continental model. the comparison I
would like to suggest would be if a group of modern scholars who possess
driver’s licenses would sit down together and compile a code of traffic law.
What these scholars might come up with would draw on their memories
of learning the basics of this law, often many years ago, and also on their
concrete experiences of driving. the result would, by and large, be correct,
but not in every detail. and it would certainly not look like the official
Code of traffic law (if such a thing even exists). I suspect that the older
Christian Law of Iceland came about in a comparable way.
In this paper, I have only been able to scratch the surface of the rela-
tionship between Icelandic canon law and European canon law by focusing
on details in two areas of law. I have largely left out other Scandinavian
Christian laws for simplicity’s sake, although we must remember that both
versions of Icelandic Christian Law were closely related to contemporane-
ous norwegian Christian law.66
Much remains to be done in exploring the relationship between canon
law in Iceland and in Europe. It should be done and this would help us
better understand medieval Icelandic law, and not only its Christian Law
sections. the last scholar to examine comprehensively and systematically
the relationship between Icelandic canon law, as written down in the two
Icelandic canon lawbooks, and European canon law, was Grímur Jónsson
thorkelin for his editions of the two Icelandic Christian laws published in
1775 and 1777.67 thorkelin’s edition of Árni’s Christian Law is especially
66 for relations between the older Christian Law and norwegian law, see most recently
Sveinbjörn Rafnsson, Af fornum lögum og sögum; for relations between Árni’s Christian Law
and norwegian law, see the references in “Kristinréttur Árna,” 78–122, and see also Nyere
norske kristenretter.
67 Jus ecclesiasticum vetus sive Thorlaco-Ketillianum constitutum An. Chr. MCLXXIII:
Kristinnrettr in gamli edr Þorlaks oc Ketils Biscupa ex mss. Legati Magnæani cum versione
latina, lectionum varietate notis, collatione cum jure canonico, juribus ecclesiasticis exoticis, ed.
and trans. by Grímur Jónsson thorkelin (Havniæ: typis frider. august. Stein, 1775); Jus
ecclesiasticum novum sive Arnaeum constitutum anno Domini MCCLXXV: Kristinnrettr in
nyi edr Arna Biskups ex mss. Legati Magnaeani cum versione latina, lectionum varietate notis,