Scandinavian law


Scandinavian law

Introduction

      in medieval times, a separate and independent branch of early Germanic law, and, in modern times, in the form of codifications, the basis of the legal systems of Norway, Denmark, Sweden, Iceland, and Finland.

Historical development of Scandinavian law
      Before the Scandinavian states emerged as unified kingdoms in the 9th century, the several districts and provinces were virtually independent administratively and legally. Although social organization in the main was the same, and legal developments followed similar lines, there came into existence a number of separate legal systems, or “laws.” Originally there were no written laws; the legal system consisted of customary law that was conserved, developed, and vindicated by the people themselves at the so-called things (thing), or popular meetings of all free men. Between the 11th and 13th centuries the provincial customary laws were recorded in writing (invariably in the vernacular). These writings were most often private compilations but were occasionally instructions from the king. The best known laws of this period are the Gulathing's law (written in the 11th century, Norwegian); the law of Jutland (1241, Danish); and the laws of Uppland (1296) and Götaland (early 13th century), both Swedish. Other Scandinavian communities and states followed suit.

      The early laws or codes did not have the character of civil codes as they are understood today. In addition to the subjects of private law (matrimony, inheritance, property, and contract), they contained constitutional and administrative law, criminal law, and laws of procedure. Ecclesiastical law was usually excluded and treated separately. In the main, the codes represented collections of customary law; influences from abroad were negligible except for some traces of canon law. Whereas the provincial laws, in common with other early Germanic laws, had tolerated and regulated blood feuds (setting up detailed tariffs for manslaughter and offenses against the body), the codes are, in several respects, more progressive. Thus, King Magnus' Swedish code (1350) abolished private vengeance, declaring that the king's officials should initiate criminal proceedings and provide for the punishment of wrongdoers. Furthermore, presumably under the influence of Christianity, legal provisions were introduced to assist paupers and the helpless. Rules concerning landed property (e.g., the right of redemption belonging to the family) were markedly original.

      In 1380 Norway and Denmark were united under a common king (Olaf IV), but the two countries retained their separate laws. During the next 300 years, before the acquisition of absolute royal power by Frederick III (1660), supplementary laws (law code) were issued by the king in conjunction with an assembly of nobles. Finally, during the reign of Christian V, a comprehensive work of codification was accomplished, and the earlier and often obsolete law was replaced by Christian V's Danish Law (1683) and Norwegian Law (1687). The new codes were mainly based on the existing national laws of the two countries, and the influences of German, Roman, and canon laws were comparatively slight. Like the early codes, the newer codes consisted of public as well as private law and purported to treat exhaustively all more or less permanent legal rules and institutions. They were excellent codes for their times, drafted in a plain and popular style and inspired by respect for individual rights and the idea of equality before the law. The provisions of criminal law were relatively humane when compared with legislation in other European countries.

      In Sweden a revised edition of the original code, issued by King Christopher (1442), was expressly confirmed by Charles IX (1608). The need for more modern legislation, however, made itself increasingly felt, and following the Danish-Norwegian example a royal commission was entrusted with the task of drafting a new code. The result, commonly called “the Law of 1734,” was promulgated by Frederick I.

      Finland, annexed by Sweden in the 13th century and made subject to Swedish law, came under the Swedish code of 1734, which was translated into Finnish as “Law of the Realm of Finland.”

Modern Scandinavian law
      The old codes have been all but completely displaced by modern parliamentary statutes. In Sweden the law of 1734 has been conserved as a formal framework. Elsewhere, plans for new and all-embracing codes are no longer entertained, but an extensive codification of important parts of the public and private law has taken place.

      An interesting feature of Scandinavian law is the organized legislative cooperation that was begun in 1872 and has steadily increased in importance. In this way the Nordic states, including Iceland and Finland, have to a considerable degree obtained uniform legislation, especially regarding contracts and commerce, as well as in such fields of law as those concerned with family, the person, nationality, and extradition.

      While conserving their national character, the Scandinavian legal systems have adopted certain conceptions of civil law (mainly German and French), chiefly through the influence of the law schools; commercial law and the laws of shipping and of companies, for example, conform more or less to common European patterns. Modern social welfare legislation, which has reached a high standard, also has strong international connections. Scandinavian law is pliable and close to life, less dogmatic than other European legal systems, and relatively free of formal rules and exigencies. Great attention is paid to rules and principles that have evolved in practice, especially in the courts. Much of the law is judge-made; and because the principle of stare decisis (i.e., being bound by precedent) does not obtain, the courts have been free to meet the demands of changing social conditions. The extensive participation of laymen in both civil and criminal proceedings may have contributed in some measure to the pragmatic and flexible character of modern Scandinavian law.

Finn Hiorthøy

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Universalium. 2010.

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