Scandinavian Legal System
The Scandinavian legal system is a form of legal system that is widely used in northern European countries. There are also scholars who consider it a legal system that is part of the Roman-German legal family. But most scholars distinguish Scandinavian law as an independent legal family between the Anglo-Saxon legal family and the Roman-German legal family, not including this legal family.
The legal structure and concept of the Roman-German legal system are widely used in most countries of Northern Europe. Scandinavian law follows the rule of law. The resemblance of this character to the Roman-German legal system has led scholars to think of the Scandinavian legal system as “a form of the Roman-German legal family or a branch of the regional legal system”.
Roman law, on the other hand, plays a smaller role in the development of the legal systems of the Scandinavian countries than in France and Germany. This is because in France and Germany, civil codes are in force, and in Scandinavian countries, the judiciary has a greater role to play.
Nor can the Scandinavian law be linked to the Anglo-Saxon legal system. This is because of the fact that there is a difference in the way they look at common law.
While most scholars demand that the Scandinavian legal system be recognized as an “intermediate” legal system, the Swedish lawyer A. Malmusrong considers it “belonging to the Roman-German legal system,” while Russian professor A.F. Shmidt argues that the Scandinavian legal system is more unchanged due to the pragmatism of Anglo-Saxon laws.
In general, this controversial issue still remains unresolved. However, the Scandinavian legal system is often considered to be a separate legal system that differs from others.
Leyli ARAPOVA,
1st Year Student of the
Faculty of International Law of the
Institute of International Relations of the
Ministry of Foreign Affairs of Turkmenistan