Rethinking Nordic Courts.

• Superior document: Ius Gentium: Comparative Perspectives on Law and Justice ; v.90
• Author: Ervo, Laura.
• TeilnehmendeR: Letto-Vanamo, Pia.; Nylund, Anna.
• Year of Publication: 2021
• Language: English
• Series: Ius Gentium: Comparative Perspectives on Law and Justice
• Physical Description: 1 online resource (304 p.)
• Notes: Description based upon print version of record.

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

Table of Contents

Courts and proceedings : some Nordic characteristics / Pia Letto-Vanamo -- Courts, law, language and culture / Ditlev Tamm -- The history of Nordic legal culture and court culture : the story of what should not have been, but still came to be / Jørn Øyrehagen Sunde -- Sources of inspiration of Nordic procedural law : choices and objectives of the legal reforms / Maria Astrup Hjort -- Culture and mentality in East-Nordic courts / Laura Ervo -- Europeanisation of Nordic civil procedure : does the map match the terrain? / Anna Nylund -- Nordic and European judicial cooperation in criminal matters / Dan Helenius -- Globalisation and court practice in Iceland : new case law of the Supreme Court in relation to the EEA Agreement and European Convention on Human Rights / Halldóra Thorsteinsdóttir -- The changing role of Nordic courts / Martin Sunnqvist -- Institutional aspects of the Nordic justice systems : striving for consolidation and settlements / Anna Nylund -- The public policy-implementing role of Nordic courts in civil dispute resolution / Clement Salung Petersen -- Mediation : a change in Finnish court culture? / Kirsikka Linnanmäki -- Plea bargaining changing Nordic criminal procedure : Sweden and Finland as examples / Laura Ervo -- Small claims procedures in the Scandinavian countries / Christina Jensen -- The past, present and future of Nordic courts / Anna Nylund.