Rethinking Nordic Courts

Laura Ervo · Pia Letto-Vanamo · Anna Nylund

2021년 6월 · Ius Gentium: Comparative Perspectives on Law and Justice 90권 · Springer Nature

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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.

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Laura Ervo has been a Professor at Örebro University since 2010. Her experience spans 30 years of working at various universities throughout the Nordic countries. She is also an Adjunct Professor of Procedural Law at the Universities of Turku, Helsinki, and Eastern Finland. Her research output includes some 170 publications, many of them addressing human rights within the field of procedural law. In 2011, she was awarded the title Excellent Teacher by Örebro University. Pia Letto-Vanamo is a Professor at the University of Helsinki. A legal historian and comparative lawyer specializing in European and Nordic legal history, Nordic legal culture(s) and transnational law, she is currently serving as Dean of the Faculty of Law at the University of Helsinki. She has published several books and articles on European and Nordic legal history, the history of legal integration, on legal cultures around the world, and on questions concerning access to justice and the ADR. Anna Nylund is a Professor of Law at the University of Tromsø. Her main research interests are in comparative and European aspects of civil procedure law, alternative dispute resolution, and child law. She has co-directed several research projects on e.g. EU and national civil procedure and Scandinavian mediation. She presents regularly at international conferences and is a member of several international scholarly associations.