Norway Law Part II

By | December 17, 2021

Of course it was quite otherwise for canon law. After the introduction of Christianity, canon law, imported from England and Ireland, gradually penetrated into the ancient national law, and we already find it in the codes of the aforementioned lagting, which had special chapters on law. ecclesiastical.

In the late Middle Ages the Church became very powerful in Norway; soon after the king, the most august person in the kingdom was the archbishop of Trondheim. And disputes also arose between the clergy and the crown, and between the clergy and the great lay lords over issues of tithes and other taxes. The peaceful king Magnus reconciled all the disputes with the so-called concordat of Tønsberg of 9 August 1277. At the same time the king and the archbishop agreed on a new ecclesiastical law, and thus the last remains of a state church disappeared, and the church Norwegian became an independent power alongside the state. For Norway 2001, please check

With the legislation of King Magnus, the ancient revenge following murder was completely abolished. The penalties for murder became from that moment offenses punishable by the state, which thus replaced the public persecution of the crime for the revenge of relatives.

When the ancient royal lineage died out in the male line, Norway, by its law of succession to the throne, entered into a series of personal unions with both Sweden and Denmark, both countries, and finally with Denmark alone and gradually the central power of the kingdom, that is, the monarchy, moved out of the country. However, the legislative order remained unaltered. From that moment it undoubtedly had its strongest point of support in the Catholic episcopate, headed by the archbishop, elected and natural leader.

But when the reform was introduced and the archbishop and bishops were driven out of the country and replaced with Protestant superintendents (1536-37), the life of national law also began to waver; having the new class of officials made its education in the University of Copenhagen – and also part in the German universities, especially in Rostock – and Copenhagen being the common capital of the two kingdoms (Norway and Denmark), the ancient law of King Magnus Lagabøter it became hard to understand for the officials and even for the people themselves, so that in 1604 there was a new code, which in reality is only a translation, but less good, of the laws of King Magnus in the new language of the Danish-Norwegian officials. The old chapters on ecclesiastical law were removed “since they were of no utility or use” after the introduction of the reform. The city order, the maritime law and the court law of the old legislation were also omitted. But the rural legislation remained.

The next stage in the evolution of Norwegian law is marked by the Norwegian law of Christian V, made necessary by the introduction of the absolute monarchy in 1660. After a long preparation the new code was promulgated in 1688: on the whole it can be considered a good code; above all the free position of the peasant is maintained. The common feudal system in Europe did not extend to Norway. The free ownership of the peasant’s land was maintained with the so-called allodial right (odelsrett) which, in somewhat changed forms, had been preserved since the Middle Ages, and ensured the family the right to redeem the inherited properties. The position of the Norwegian peasant from 1660 until the century. XIX was undoubtedly freer than in any other country in Europe.

In praise of the absolute Danish-Norwegian monarchy, it must be said that the legal certainty of the citizen was generally greater than elsewhere in Europe in the century. XVIII. The judicial and administrative judiciary was improved with the introduction of a compulsory law degree as a necessary condition to aspire to it.

In paragraph 94 of the new Norwegian liberal statute of 1814 there was the following provision: “A new civil and penal code will be promulgated, in the first, or if this is not possible, in the second ordinary legislature of the Storting”. Of course the national assembly was under the influence of the many modifications made in several countries after the Napoleon code. However, it was soon seen that it was impossible to arrive at a codification in this sense in Norway, and until now a unified civil code has not been made. Norway had the new penal code foreseen by the statute, only in 1842; it was later modified somewhat, and eventually replaced with the new penal code of 22 May 1902. A consolidated text on criminal procedure was also promulgated on 1 July 1887,

With the law of 1 August 1821 the hereditary nobility was abolished in Norway, so that all descendants from noble families, born after that date, lost the right to all titles, privileges and prerogatives. In the nineteenth century and in the beginning of the twentieth century, without having, as we have already said, a new unified civil code, civil legislation was fully or partially reformed and modernized, and special laws were issued on different matters. Among the most important are: the succession law of July 31, 1854, which must be considered an eminent legislative work, inspired by Austrian law; the Maritime Law of March 24, 1860, later replaced by the Law of July 20, 1893, and the Seafarers Act of February 16, 1923; the Bankruptcy and Bankruptcy Proceedings Act of 6 June 1863, with new supplementary laws of May 6, 1899. On May 7, 1880 an excellent bill of exchange was enacted in collaboration with Denmark and Sweden. All these latter laws were slightly modified in 1932 to bring them into line with the new international convention. On 13 August 1915, a single text on civil procedure was also promulgated. Finally, we must remember the law of May 31, 1918 on obligations, mandates and vitiated acts of will: the most important Norwegian law concerning the law of obligations and contracts in general.

The sec. XIX was a golden century for Norway both in the field of legal science and in that of history and poetry. Among the major names in the science of law are AM Schweigaard, whose major works are: Kommentar over den norske kriminallov (Commentary on the Norwegian penal law; 1842) and Den norske proces (vols. 3, 1849-1871); also Fredrik Stang, with the work Norges Konstitutionelle Ret (Norwegian constitutional law), 1833, Th. Aschehoug with the work Norges nuværende Statsforfatning (The Norwegian constitution), vols. 3, 1875-1885; Br. Brandt, with the work Forelæsninger over den norske Rets Historie (Lectures on the History of Norwegian Law), 1880 and 1883; GF Hallager and LMB Aubert, who wrote important works on the law of obligations; He had Hertzberg with his Glossarium til Norges Gamle Love (Glossary of Ancient Norwegian Laws), 1895. A series of works concerns the history of law: like those of GF Hæigrup, whose great activity has left traces in almost all fields of legal science, and finally that of B. Getz, especially known for his works on procedure, criminal law and criminal procedure. These last two writers have made in-depth studies on modern Italian criminal law. To remember: B. Morgenstjerne, Lærebok i den norske forfatningsret (Course on Norwegian Constitutional Law), 1900; 2nd ed., 1909; and OLS Platou, Norsk Arveret (Norwegian law of succession), Norsk Sjøret (Norwegian maritime law), and others.

Norway Law Part II