Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Consequences of changing expectations to law and its institutions


No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Illustrated by the role and background of judges in Norway


The paper focuses on the reasons for and effects of the establishment of appellate courts in Norway. Based on the assumption that the introduction of an appellate system was caused by – and at the same time produced – expectations of law, the author reconstructs central features of the Norwegian legal order and its surrounding legal culture. By especially looking at the crucial role of the legal office of the lawman (lagmann), both in the development of the judicature in general and especially in the courts of appeal, the legacy of the medieval popular assembly (þing / ting) is traced back to its historical roots. The author identifies a close relationship between the increasing influence of state power, the demand for an effective judiciary and prevailing ideals of justice. The result was a not always intended but continuous professionalisation of the judges until the 19th century. The introduction of a jury – consisting of lay judges – appears on this background as aberration. However, as expectations on law had changed, the participation of lay judges had become a political desire in Norway from approximately 1830. To support this political claim the judiciary was restructured by applying a deeply unhistorical perception of the judiciary’s historical roots. Due to contradicting political tendencies it took about 60 years to finally establish the jury-system. Despite the fact that the institution of the jury was constantly criticized by legal scientists and legal practitioners alike and despite losing its political backing already decades ago, it still continues to exist. Obviously, the romantic notion of folks-courts still has not lost its attraction jet. The paper demonstrates that this notion is – seen from a historical perspective – unsustainable.


Affiliations: 1: Ass. Prof. Dr. jur. Sören Koch, University of Bergen, Faculty of Law, Magnus Langabøtesplass 1, N-5020 Bergen, Norway
soren.koch@jur.uib.no


10.1163/15718190-08334p06
/content/journals/10.1163/15718190-08334p06
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/15718190-08334p06
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/15718190-08334p06
Loading

Article metrics loading...

/content/journals/10.1163/15718190-08334p06
2015-12-10
2017-11-20

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation