Nordic Law in European Context

Nordic Law in European Context

Author: Pia Letto-Vanamo

Publisher: Springer

Published: 2018-12-12

Total Pages: 212

ISBN-13: 3030030067

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Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other. The idea of “Nordic” law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of “Nordic” law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.


Indigenous Rights in Scandinavia

Indigenous Rights in Scandinavia

Author: Christina Allard

Publisher: Routledge

Published: 2016-05-23

Total Pages: 364

ISBN-13: 1317117271

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This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.


The Making and Circulation of Nordic Models, Ideas and Images

The Making and Circulation of Nordic Models, Ideas and Images

Author: Haldor Byrkjeflot

Publisher: Routledge

Published: 2021-10-19

Total Pages: 306

ISBN-13: 1000504034

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This critical and empirically based volume examines the multiple existing Nordic models, providing analytically innovative attention to the multitude of circulating ideas, images and experiences referred to as "Nordic". It addresses related paradoxes as well as patterns of circulation, claims about the exceptionality of Nordic models, and the diffusion and impact of Nordic experiences and ideas. Providing original case studies, the book further examines how the Nordic models have been constructed, transformed and circulated in time and in space. It investigates the actors and channels that have been involved in circulating models: journalists and media, bureaucrats and policy-makers, international organizations, national politicians and institutions, scholars, public diplomats and analyses where and why models have travelled. Finally, the book shows that Nordic models, perspectives, or ideas do not always originate in the Nordic region, nor do they always develop as deliberate efforts to promote Nordic interests. This book will be of key interest to Nordic and Scandinavian studies, European studies, and more broadly to history, sociology, political science, marketing, social policy, organizational theory and public management. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.


Nordic Inheritance Law through the Ages

Nordic Inheritance Law through the Ages

Author:

Publisher: BRILL

Published: 2020-07-13

Total Pages: 430

ISBN-13: 9004435581

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Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that bring life to historical and contemporary inheritance practices. The contributions cover three themes: status of persons and options in the process of property devolution; wills, gift-giving and legal disputes as means to shape the working of the law; processes of inheritance legislation. The authors focus on instances where legal strategies of various actors particularly reveal inheritance law as a contested and yet constrained space of action, and somewhat surprisingly show similar solutions to family law issues dealt with in other Western European countries. Contributors are: Simone Abram, Gitte Meldgaard Abrahamsen, Per Andersen, Agnes S. Arnórsdóttir, John Asland, Knut Dørum, Thomas Eeg, Ian Peter Grohse, Marianne Holdgaard, Astrid Mellem Johnsen, Már Jónsson, Mia Korpiola, Gabriela Bjarne Larsson, Auður Magnúsdóttir, Bodil Selmer, Helle I. M. Sigh, and Miriam Tveit.


Legal Realism

Legal Realism

Author: Michael Martin

Publisher: Peter Lang Incorporated, International Academic Publishers

Published: 1997

Total Pages: 264

ISBN-13:

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As one of the most important movements in twentieth century legal thought, legal realism continues to be a source of controversy and inspiration. This study provides the first critical comparison and evaluation of American and Scandinavian legal realism. Presenting, evaluating, and reformulating the basic ideas of American legal realists such as Karl Llewllyn, Walter Wheeler Cook, Herman Oliphant, Jerome Frank, and Underhill Moore in the first part of the book, the author devotes the second part to a critical appraisal and reformulation of the major doctrines of Scandinavian legal realists such as Axel Hägerström, A. V. Lundstedt, Karl Olivecrona, and Alf Ross. The book also reveals the misunderstanding of legal realism by legal philosophers such as H. L. A. Hart and Ronald Dworkin and the connections of legal realism to the critical legal studies movement.


Narrating Law and Laws of Narration in Medieval Scandinavia

Narrating Law and Laws of Narration in Medieval Scandinavia

Author: Roland Scheel

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2020-01-20

Total Pages: 592

ISBN-13: 3110662329

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Disputes lie at the heart of the sagas. Consequently, literary texts have been treated as sources of legal practice – narrations of law – while the sagas themselves and the handling of legal matters by the figures adhere to ‘laws of narration’. The volume addresses this intricate relationship between literature and social practice from the perspective of historians as well as philologists. The contributions focus not only on disputes and their solution in saga literature, but also on the representation of law and its history in sagas and Latin historiography from Scandinavia as well as the representation of laws and norms in mythological texts. They demonstrate that narrations of law provide an indispensable insight into legal culture and its connection to a wider framework of social norms, adjusting the impression given by the laws. The philological approaches underline that the narrative texts also have an agenda of their own when it comes to their representation of law, providing a mirror of conduct, criticising inequity, reinforcing the political and juridical position of kings or negotiating norms in mythological texts. Altogether, the volume underlines the unifying force exerted by a common fiction of law beyond its letter.


Scandinavian Penal History, Culture and Prison Practice

Scandinavian Penal History, Culture and Prison Practice

Author: Peter Scharff Smith

Publisher: Springer

Published: 2017-07-28

Total Pages: 537

ISBN-13: 1137585293

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This book draws on historical and cross-disciplinary studies to critically examine penal practices in Scandinavia. The Nordic countries are often hailed by international observers as ‘model societies’, with egalitarian welfare policies, low rates of poverty, humane social policies and human rights oriented internal agendas. This book, however, paints a much more nuanced picture of the welfare policies, ideologies and social control in strong centralistic states. Based on extensive new empirical data, leading Nordic and international scholars discuss the relationship between prison conditions in Scandinavia and Scandinavian social policy more generally, and argue that it is not always liberating and constructive to be embraced by a powerful welfare state. This book is essential reading for researchers of state punishment in Scandinavia, and it is highly relevant for anyone interested in the ‘Nordic Model’ of social policy.


Rethinking Nordic Courts

Rethinking Nordic Courts

Author: Laura Ervo

Publisher: Springer Nature

Published: 2021-08-01

Total Pages: 311

ISBN-13: 3030748510

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This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.