IDEAS home Printed from
MyIDEAS: Log in (now much improved!) to save this paper

Approach to European Law in Norwegian Legal Doctrine

Listed author(s):
  • Hans Petter Graver
Registered author(s):

    This paper discusses European influence on Norwegian legal doctrine in a historical and scholar perspective. Legal relations to Europe are perhaps more conspicuous today than ever before, represented by Community law as well as the European convention of human rights. However, Norwegian juridical scholars have always looked to Europe for juridical principles and precedence. As shown in the article, transitions in legal doctrine occur slowly and in accordance with broader economic and political forces. Up till 1945, Norwegian juridical tradition drew upon various European influences, German-continental Roman law as well as (more fundamentally) the constitutional principles laid down in the USA and France. Interestingly, in the postwar decades Norwegian juridical scholars pursued a choice of autonomy and isolation. Thus, in a period where internationalization was the common trait in the political, economic and military doctrine, the scholarship of public law represented a counteracting trend. This apparent anomaly may be explained not primarily by a nation-building project but rather by the strong influence of Scandinavian legal realism. While commercial and private law continued to develop along Europeanized lines, public law was thus national or Nordic in its perspective. Finally, with the 1990s the scope and speed of Europeanization took on a different speed and ambition. Where exchange and export of legal principles had been the rule, supranational harmonization of principles started to take over. This introduces new issues of legitimacy and judicial adaptation – and a bold step towards a Europe united in judicial principles. Hitherto, however, Community law remains insufficiently exhaustive to enforce a fully coherent European legal doctrine.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    File Function: Full text
    Download Restriction: no

    Paper provided by ARENA in its series ARENA Working Papers with number 18.

    in new window

    Date of creation: 15 Oct 2003
    Handle: RePEc:erp:arenax:p0058
    Contact details of provider: Web page:

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:erp:arenax:p0058. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Sindre Eikrem Hervig)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.