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Moving beyond the current flaws in originalism will require developing a genuinely historical approach to reading Founding era texts that draws on the best inter-disciplinary methods available. Reading legal texts historically will require originalism adopt standard historical practices, not reject them. Scholars must get the history right before deciding if any of the historical meanings recoverable from a careful study of the original debate over the Constitution might be relevant to modern law. Determining which meanings might be probative or dispositive for modern legal issues is a separate task from the process of uncovering the legal meaning of Founding era constitutional texts. Deciding what, if any relevance, such historical meaning ought to have in contemporary law is at its core a legal question, and not one that history can answer. Still, if legal scholars are going to cite history as authority, they have an obligation to get the history right.
In Anglo-Saxon and Viking literature swords form part of a hero's identity. In addition to being weapons, they represent a material agent for the individual's actions, a physical expression of identity. In this article we bring together the evidence from literature and archaeology concerning Anglo-Saxon and Viking-age swords and argue that these strands of evidence converge on the construction of mortuary identities and particular personhoods. The placement of the sword in funerary contexts is important. Swords were not just objects; they were worn close to the body, intermingling with the physical person. This is reflected in the mortuary context where they were displayed within an emotive aesthetic. Typically, swords were embraced, placed next to the head and shoulders, more like a companion than an object. However, there are exceptions: graves like Birka 581 and Prittlewell show sword locations that contrast with the normal placement, locations which would have jarred with an observer's experience, suggesting unconventional or nuanced identities. By drawing on literary evidence, we aim to use the words of the Anglo-Saxons and Vikings to illuminate the significance of swords in mortuary contexts and their wider cultural associations.