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    The Scandinavian Legal Family

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    Vasix Zoltan
    The document provides an introduction to Scandinavian (Swedish) law. It discusses how Scandinavian law is distinct from both civil law and common law systems. Specifically: - Scandinavian law is not like civil law systems which are based on comprehensive civil codes. Sweden does not have a civil code and many areas of civil law lack clear legislation or systematic coherence. - It is also not like common law systems which are based primarily on judicial precedent (stare decisis). While Swedish courts use analogical reasoning, the Supreme Court defers to Parliament and relies heavily on legislative preparatory works. - Scandinavian law was influenced by Scandinavian legal realism which questioned fundamental legal concepts like rights and justice, viewing them

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    The Scandinavian Legal Family

    Uploaded by

    Vasix Zoltan
    272 views24 pages
    The document provides an introduction to Scandinavian (Swedish) law. It discusses how Scandinavian law is distinct from both civil law and common law systems. Specifically: - Scandinavian law is not like civil law systems which are based on comprehensive civil codes. Sweden does not have a civil code and many areas of civil law lack clear legislation or systematic coherence. - It is also not like common law systems which are based primarily on judicial precedent (stare decisis). While Swedish courts use analogical reasoning, the Supreme Court defers to Parliament and relies heavily on legislative preparatory works. - Scandinavian law was influenced by Scandinavian legal realism which questioned fundamental legal concepts like rights and justice, viewing them

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    The Scandinavian Legal Family

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    The document provides an introduction to Scandinavian (Swedish) law. It discusses how Scandinavian law is distinct from both civil law and common law systems. Specifically: - Scandinavian law is not like civil law systems which are based on comprehensive civil codes. Sweden does not have a civil code and many areas of civil law lack clear legislation or systematic coherence. - It is also not like common law systems which are based primarily on judicial precedent (stare decisis). While Swedish courts use analogical reasoning, the Supreme Court defers to Parliament and relies heavily on legislative preparatory works. - Scandinavian law was influenced by Scandinavian legal realism which questioned fundamental legal concepts like rights and justice, viewing them

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    272 views24 pages

    The Scandinavian Legal Family

    Uploaded by

    Vasix Zoltan
    The document provides an introduction to Scandinavian (Swedish) law. It discusses how Scandinavian law is distinct from both civil law and common law systems. Specifically: - Scandinavian law is not like civil law systems which are based on comprehensive civil codes. Sweden does not have a civil code and many areas of civil law lack clear legislation or systematic coherence. - It is also not like common law systems which are based primarily on judicial precedent (stare decisis). While Swedish courts use analogical reasoning, the Supreme Court defers to Parliament and relies heavily on legislative preparatory works. - Scandinavian law was influenced by Scandinavian legal realism which questioned fundamental legal concepts like rights and justice, viewing them

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    The Scandinavian Legal Family An Introduction

    Mrten Schultz (LLD)


    Faculty of Law, Stockholm University;
    Stockholm Centre for Commercial Law

    Todays Lecture
    Introduction to Swedish/Scandinavian law
    Characteristics of Scandinavian civil law
    Why Scandinavian law is not like the
    continental, civil law systems
    Why Scandinavian law is not like the
    common law systems
    The Scandinavian approach in the era of
    globalization (Europeanization)

    Introduction to Todays Lecture


    Civil law (patrimonial law) where
    differences are most apparent
    (Public law and criminal law, an example
    of a Swedish freedom of press and
    whistle blower protection)
    Emphasis on Swedish law.

    Introduction to Scandinavian Law

    General Observations
    Scandinavia and the Nordic countries
    Language barriers in the Nordic countries
    The use of non-national legal sources
    (from other Nordic countries) in courts,
    preparatory works, academia, etc.

    Brief Remarks on the Constitutional


    Structure of the Scandinavian
    Legal Systems

    Constitution? Swedish examples


    No constitutional court
    Division of powers
    The court system
    The judge career

    Methodological Remarks
    The use of preparatory works
    Analogies
    Legal dogmatics

    Introduction to Scandinavian Civil


    Law

    Introduction to Scandinavian Civil


    Law

    Sweden (Scandinavia): No civil code


    The Swedish law reform from 1734
    Attempts to codify Scandinavian law
    The Swedish law book (lagboken) is not
    a code

    Statutory Law and Judge Made


    Law
    Swedish civil law: A patchwork of
    legislation and general principles
    On the notion of general principles in this
    context
    Systematics of Swedish civil law

    Legislative Gaps

    General law of obligations


    Services (non-consumers)
    Unjust enrichment/the law of restitution
    Negotiorum gestio
    (Qausi-contracts)
    Implications of a void contract

    The Nordic Legislative Cooperation


    The Nordic tradition
    Common legislation: The Act on
    Contracts (avtalslagen), the sales of goods
    act (kplagen), consumer protection
    legislation
    Contemporary projects?

    Statutory Law and Judgemade Law


    a more detailed view

    General contract law


    Property law
    The law of sales
    Consumer protection law
    Tort law

    Why Scandinavian law is not like the


    continental systems

    Characteristics of the Continental


    Systems
    The civil code: BGB; CC; ABGB; BW, etc.
    What is a civil code?
    The legal-cultural importance of
    codification.
    The systematic importance of codification
    The material importance of codification

    Continental and Scandinavian Law


    Compared
    Again: Sweden (Scandinavia): No civil
    code
    Many areas of civil law lack legislation
    General legal principles without (clear)
    statutory support
    Difficult to find systematic coherence

    Why Scandinavian law is not like the


    common law systems

    Common Law
    Judgemade law
    The idea of leading cases
    Distinguishing

    Common Law and Scandinavian


    (Swedish) Law Compared
    The use of analogies in Swedish law as a
    basis for general legal principles
    The loyalty to Parliament of the Supreme
    Court
    Preparatory works

    Concluding Remarks on
    Scandinavian Legal Method

    looking back
    General legal principles and analogies
    The use of preparatory works
    The uneasy place of constitutional
    arguments

    The Heritage from the


    Scandinavian Legal Realists

    The Scandinavian legal realist movement


    Hgerstrm founder of the Uppsala-school
    Olivecrona & Lundstedt (Swedish)
    Alf Ross (Denmark)

    ***
    On the relationship with American legal realism

    Tenets of Scandinavian Legal


    Realism
    Emotivism
    Non-Cognitivism
    Moral anti-realism (value nihilism)

    Consequences for legal


    analysis
    Vicious circles and empty legal language
    Repudiation of fundamental legal
    concepts: Rights, wrongfulness
    (Rechtswidrigkeit), etc.
    The notion of justice

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