Att lossa band och upplösa samband: Debatten om 1826 års civillagsförslag vid 1828–1830 års riksdag
2026 (Svenska)Doktorsavhandling, monografi (Övrigt vetenskapligt)
Fritextbeskrivning
Abstract [en]
In Sweden, the first half of the 19th century constituted a transitional period between a social structure founded on medieval corporations and a new era of a social structure based on the individual and citizen. It was also a time marked by legal, social, economic and political conflicts concerning how the society of the future should best be shaped. One of the areas in which the conflict between the old and the new manifested itself was in legislation and the legal system.
The aim of this thesis is to examine the ways in which these societal changes influenced the judicial debate about the 1826 Draft Civil Code (1826 års civillagsförslag) at the 1828–1830 session of the Riksdag, the Swedish Parliament. The 1826 Draft Civil Code promoted, among other things, individualised property rights, freedom of contract, equality before the law, individualism, and a strengthening of women’s status.
Drawing primarily on parliamentary records, the thesis focuses on three themes: the need for a new civil code, a reform of the court system, and equal inheritance rights for men and women. All three themes were discussed as separate issues during the 1828–1830 session of the Riksdag.
Different views on impending societal changes had a major impact on how the Draft Civil Code was discussed. The debate mainly followed distinct political viewpoints of three groups. The Radical Reformists advocated that universalist ideals and individualism should be reflected in the legislation. The Corporate Preservationists argued that the corporate-based structure of society was adequate for the law system. The Moderate Reformists largely agreed with the Radicals that some legislative reforms were needed, albeit not as urgently and not as far-reaching as the Radical Reformists wanted.
One other important conclusion in this thesis is that a major dispute arose in the Riksdag between those who wanted to enact partial legal reforms and those who aimed at a comprehensive body of law: a “codification”. Radical Reformists rejected a codification, including the 1826 Draft Civil Code, while the Corporate Preservationists and the Moderate Reformists advocated a codification.
Ort, förlag, år, upplaga, sidor
Uppsala: Department of Law, Uppsala University , 2026. , s. 266
Nyckelord [en]
1826 Draft Civil Code, Codification, Law Committee, Civil Code, Parliamentary Debate, Legislation, Public sphere, 1828–1830 Riksdag, Societal Change, Inheritance, Court System Reform, Corporate-based society, Sweden 1828–1830
Nationell ämneskategori
Historia
Forskningsämne
Rättshistoria
Identifikatorer
URN: urn:nbn:se:uu:diva-594623ISBN: 978-91-506-3186-9 (tryckt)OAI: oai:DiVA.org:uu-594623DiVA, id: diva2:2089496
Disputation
2026-09-18, Universitetshuset sal IX, Biskopsgatan 3, Uppsala, 10:15 (Svenska)
Opponent
Handledare
2026-08-272026-08-032026-08-27