Common Road, Common Duty – Public Road, Private Space?: King Magnus Eriksson's law and the understanding of road as a space in late medieval Finland and the Swedish realm1

Abstract

The article discusses the understanding of the road as a collective duty and institutionalized public space in late medieval Finland and the Swedish realm, as presented in the legislation of King Magnus Erikssons' law (landslag) of the late 1340s. After an introduction on the nature of past scholarship on the history of roads in Europe and Finland, the theoretical framework on the production and social implications of space on historical roads is discussed. The spatial understanding of the road in late medieval Finland is then studied in the context of medieval normative legislation, of which the main interest here is on King Magnus Eriksson's law, which was the major medieval law code valid in Finland. In the code, issues concerning roads and their maintenance are distributed to various sections of the law, but the main body of the legislation is set in Bygningabalken and Edsöresbalken. The analysis shows that, in the bygningabalken, the road and facilities attached to it such as bridges were rather exclusively discussed in the context of common duty, where the word common seems to be inherently understood as something obliged and insisted by the crown. In the edsöresbalken instead, the spatial dimensions of the road were brought forward in the context of the sworn peace of the realm, where the judicial space produced by the traveller was considered as a product of the road and the actual motives of travelling of the individual using it. The analysis of the respective chapters and decrees of the code shows that, from the point of normative legislation, the road was not only a recognizable space of its own but also constituted a judicial condition capable of producing distinctive social implications for those involved in the maintenance and use of roads in medieval Finland.