Courts and Procedure

Rethinking Nordic Courts

Edited by Laura Ervo, Letto-Vanamo · Nylund Anna Pia
Springer-Verlag July 2021

Specifications

ISBN-13
9783030748531
Publisher
Springer-Verlag
Publication
July 2021
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This 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

Rethinking Nordic Courts: An Introduction
Anna Nylund
The Historical and Legal Cultural Underpinnings of Nordic Courts
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, Globalisation and Nordic Courts
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
Privatisation and Flexibilisation of Nordic Court Proceedings
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
Conclusions on Nordic Courts and Court Proceedings
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