What Are Viking Funerals?
A traditional Viking funeral typically involves a ceremonial send-off for a deceased member of the Norse community. Historically, a Viking funeral entails one of two practices. The first involves placing the deceased in a small boat, adorned with personal possessions and valuable items, and casting it to sea. The second entails burning the deceased upon a pyre. Neither practice was unique to the Vikings; both were common throughout the known world in their time.
The origins of Viking funerals are unknown. However, it is believed that the tradition began in the Proto-Germanic period of 350 B.C. to 300 A.D. This was a time of great upheaval for the region. In lieu of grave goods in the Alamanni and other proto-Germanic cultures, people buried their dead with weapons, tools, and jewels. Because such a large number of valuables were concentrated in one vessel, grave robbing was common in the area. To protect them, the Vikings took their valuables to sea and set the vessels ablaze.
By 700 A . D, the prevalence of Viking funerals had reached the zenith. Their funerals involved either interment or cremation of their dead. The choice of burial or cremation was largely determined by the social status of the individual. The wealthy Scandinavian elite preferred to be cremated on a ship. Upon performing this ritual, their family would arrange a secondary ceremony to inter their remains in the ground.
Over the course of its 500 to 600-year existence, many other areas of the world embraced elements of the Viking tradition. For example, the Vikings were highly influenced by the Celtic. As they began to settle in England, they adopted aspects of their host culture’s funeral practices. Several Norse burial sites in England feature graves dug by Celtic-style trench.
Eventually, the Viking funeral lost its popularity in favor of Christian customs. With the decline and end of the Viking Age in the 11th century came the waning of the Viking funeral tradition. The last known occurrence of a Viking funeral occurred in the 19th century.
American Funeral Policies and Regulations
American funeral laws and regulations affect practices at bodily disposition sites all across the United States. Such regulation governs and considers interment (e.g., burial, entombment) as the general rule, but other disposal methods such as cremation, alkaline hydrolysis, promession, and resomation, are also addressed in the body of law. Federal or national regulation of bodily disposition does not exist, but some laws, such as compliance with the Clean Air Act and the Clean Water Act, can overlap or have an indirect effect, as does the provision of the Federal Trade Commission that requires funeral homes to comply with funeral merchandise and service price lists.
State laws concerning the disposal of remains are very specific and tend to vary from state to state. For example, North Dakota allows both alkaline hydrolysis and promession, while animated burial or aquamation are not permitted in that state. The burial of remains without restriction is permitted in Arkansas and Oklahoma. Permitted methods of disposition vary by state, as do regulations, prohibitions, and options for disposition sites.
American funeral laws for the most part express a preference for earth burial, but by no means is this the universal rule. The setting of rules for disposition is a state responsibility, not federal. Those rules sometimes cover servicing remains, such as the Facility Licensing Act, which governs businesses that handle and care for dead human remains. Compliance is required only for the described activities. Therefore, if you wish to build a pyre on your property for a Viking funeral, you are generally free to do so.
Federal and state regulations for licensed funeral establishments and funeral directors can impact Viking funerals. For example, burial at sea has particular legal requirements. But, again, if you wish to burn the remains of your beloved uncle on a pyre in the middle of a lake, you simply need to check federal and state environmental regulations to make sure doing so does not affect your local watershed.
Legal Status of Viking Funerals in the U.S
Currently, there is no law that specifically addresses the legality of Viking-style funerals in the United States. However, relevant case law indicates that such practices may be linked to arson as a public nuisance or as obstruction of proper disposal of human remains, regardless of whether the deceased has consented to such treatment.
Federal courts have characterized a Viking funeral as the "intentional burning of human remains on the beach and in full view of the public." (Whitespace New York, Inc. v. Associated Press, No. 9:13-CV-80171-DTKH (S.D. Fla. Jan. 17, 2013)). The Court in Whitespace effectively held that the burning of human remains poses a health hazard, and held that "the ‘wishes of the dead’ do not shield proposed actions from prosecution as a public nuisance." (Whitespace New York, Inc. v. Associated Press, No. 9:13-CV-80171-DTKH (S.D. Fla. Jan. 17, 2013)). In sum, even if the deceased desires to be burned on the beach in front of people with a bow and arrow, such a practice is "distasteful and deeply offensive."
In addition to the Whitespace case, a recent case highlighted the complications raised when someone seeks to cremate the body of a missing person that has not been confirmed as dead. In State v. Campbell (No. 03-14-00433-CR (Tex. App. Nov. 20, 2014)), two of the defendant’s victims went missing, but were not presumed dead. The defendant attempted to argue that he should not be penalized for destroying evidence of a crime, because such destruction tolled the statute of limitations. The court mentioned how the interest of the public outweighed the interest of the defendant, and suggested that proceedings under improper disposal of a corpse statutes would have been appropriate.
In New Jersey, Viking funerals could also give rise to illegal dumping charges. Pursuant to N.J.S.A. 13:1E-1, "the Legislature has determined that the improper disposal of solid waste is potentially harmful to the public health and the environment."
Further, a recent New Jersey appellate court opinion suggests that if the Viking funeral is performed in an area where people gather, it may result in a public nuisance. In State v. Veniero, significant discussion centered around the idea that certain actions may unreasonably interfere with health, safety, comfort or convenience of the public. (No. A-1832-13T3 (N.J. Super. Ct. App. Div. Oct. 8, 2014)). With regard to the deceased, they are still part of community after death. Just like unsafe human habitats, the burial place of a corpse should not endanger the health of local mammals or sea life via decomposition or fire. Such practice would also be disturbing the quiet enjoyment of a natural atmosphere.
Ultimately, making a case for the legalization of a Viking funeral will have to rely on convincing a court that human remains are not "solid waste." However, decisions involving the destruction of evidence are also favorable to Vikings.
Therefore, if you want to host a Viking funeral, it is best to choose some place that does not have a lot of people nearby, and an area where it would be safe for bodies to decompose for long periods of time without affecting the environment.
Environmental and Safety Issues
The burning of a body has obvious implications for environmental and public safety. Traditional cremains emit gas and particulates that could be harmful to the environment. Current state-of-the-art crematoriums have powerful filters that can capture 99% of particulates including dioxins, mercury, benzene and styrene. Certain of these pollutants can persist for years in the soil and are considered pollutants. There is little or no science on the issue of the environmental impact of open-air cremations but the risk to the ecosystem remains. The traditional alternative to open-air cremation is burial; however, burial has negative environmental consequences as well. Standard burials of a body requires approximately 25 gallons of formaldehyde, whereas the Viking funeral would require none. Thus, environmentalists are supportive of exploring new, more environmentally-friendly methods of disposal .
From a public safety standpoint, the Viking funeral also presents problems, principally with the use of fire. While Viking funerals are typically conducted at sea, the potential for fire is nonetheless an issue. Especially given that older wooden ships are often used for the purpose, the risk of an intense conflagration brings into question the safety of Viking funerals. The fire poses a risk to the participants in the funeral, the vessel and other boaters who may encounter the remains of the funeral in an area that isn’t expressly designated for that purpose. Just as a matter of course in maritime law, for example, the person responsible for these funerals should be mindful of the risk of being held liable if another boater is injured as the result of a collision with the ship participating in the Viking funeral.
Alternative Ceremonies and Cultural Compromises
While the idea of a Viking funeral often appeals to many, legal issues and environmental concerns make it virtually impossible to have a traditional send-off, even for those of Norse heritage. However, this doesn’t mean that you can’t get creative with your own final resting place. Many alternative ceremonies can be performed to memorialize your desire for a traditional Viking funeral, but in a more modern way.
Burial at sea: Many large lakes, rivers, and oceans have approved burial locations, allowing for a water burial. A vessel is placed on the water to allow the family to say their final goodbyes as it’s set adrift, and then a floral wreath is placed on the water to symbolize the final resting place.
Cremation services: Many eco-friendly cremation services have begun to incorporate Viking themes into their practices. Instead of using fire through cremation, they’ll use elements such as water and air, such as cremating a body in a cardboard box, and then scattering the ashes over a body of water or disperse them into the air with a sky burial. Other services include hydro cremation, which uses one of the most eco-friendly chemical processes for cremation. Your ashes are then kept in a biodegradable urn with plants and seeds so they can grow into a tree.
Symbolic ceremonies: You can still incorporate many of the elements of a traditional Viking funeral into a symbolic service. Many people opt for some components of a burial at sea, where they set a boat into the water, say their goodbyes, and then set a wreath of flowers onto the water to symbolize the burial of their loved one. Others may opt for a cremation service, and then place the remains into a biodegradable urn as described above and then spread the ashes over the lake or feed them to a tree. You may also place the ashes into a Viking-style barrel, and then set that on fire (again under appropriate supervision) as part of a "burning" ceremony to allow friends and family to say their final farewells.
While there are many alternatives to the traditional Viking funeral, some in your family may still not be satisfied. Therefore, if you insist on a Viking burial, it’s imperative to do them safely and legally, which means you’ll have to compromise for alternatives.
How to Legally Pursue a Viking-Style Funeral
For those still fascinated enough to pursue the experience of a Viking funeral, steps can be taken to do so under current U.S. law. While the process is far from simple, the intrigue and awe of experiencing a 1,000-year-old tradition could be enough to make the effort worthwhile.
The first step in pursuing a viking-style funeral is to contact an attorney that specializes in death care services, environmental, or maritime law. State law varies on how body disposal is regulated, and most funeral directors are unlikely to provide assistance in setting up a non-traditional funeral service.
If the location is near water, waterway permits and regulations must be obtained and followed. Many rivers under the purview of counties, states, or federal government will not allow cremains to be scattered on or into the water, and this may be prohibited in any waterway. The cremains can, however, be buried on the banks. All paperwork associated with this must also be filed. In some locations, planting a memorial tree at the place where the cremains are to be buried must be recorded.
Viking funerals are typically considered a maritime activity, even if it’s done on a waterway such as the Ohio River. Because of this, it’s important to obtain a permit to start the process for obtaining Coast Guard approval. If planning to send off a Viking ship, or a hand-made or non-UL rated boat, each state or county will have specific inspection requirements .
Following permit and state approval, federal United States Coast Guard approval will be required for any procession. The process begins with the planning for the disposal of the cremains in a broadcast location that has the least risk for the environment, people, and nautical activities. Following this, the detailed plans of where the burning will occur must be submitted to program manual authorities. Live guns and smoke signals must also be approved and licensed by masters for the Coast Guard.
This is perhaps the most difficult aspect, but one that can be achieved if creative thinking is applied. If you plan to have the deceased Viking ship float away after the cremation, it must be done where it is not a danger to other vessels on the water. The smokestacks and pipes must not create pollution or toxicity in the air. To get around this problem, your Viking ship can be created with cans or other removable items. The smokestacks can be replaced with pop bottles or made from paper so that they burn quickly and leave no trace of toxicity.
Ideally, this location will be a lake or other sturdy body of water. The ship should be built to last for most of the cremation. The fire is set ablaze after the cremains have been placed in it but before it is set adrift. This will ensure that the cremains are incinerated to avoid being dumped into the water.