Abstract

The article deals with judicial torture, which was prohibited in the Danish legal system in the early modern period, essentially focussing upon the time from the Lutheran Reformation in 1536 to the introduction of a comprehensive statute book for the entire kingdom in 1683. The author’s perspective is comparative, especially looking for parallels and contrasts in Sweden during approximately the same period, but to some extent also including the case of England. The common feature of the three kingdoms is that they were outside the regions governed by the Romano-canonical ius commune.The article is based upon an analysis both of Danish legislation relating to torture and of the limited number of cases in which torture was applied, in most of these cases in contravention of current legislation. The author concludes that if 16th- and 17th-century Denmark saw extremely little use of torture, the main reasons are: in the first place, an internal political climate that was far more stable and peaceful than in Sweden and England, both of which were affected by dynastic rivalries and succession crises during this period; secondly, the fact that commissions of inquisition with extraordinary judicial powers were not used in Denmark also contributes to the Danish development.

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