Rethinking Nordic Courts

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.

This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership –where the Nordic countries have made different choices at different times – and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region.

Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

A Finnish journalist, now a naturalized American citizen, asks Americans to draw on elements of the Nordic way of life to nurture a fairer, happier, more secure, and less stressful society for themselves and their children Moving to America in 2008, Finnish journalist Anu Partanen quickly went from confident, successful professional to wary, self-doubting mess. She found that navigating the basics of everyday life—from buying a cell phone and filing taxes to education and childcare—was much more complicated and stressful than anything she encountered in her homeland. At first, she attributed her crippling anxiety to the difficulty of adapting to a freewheeling new culture. But as she got to know Americans better, she discovered they shared her deep apprehension. To understand why life is so different in the U.S. and Finland, Partanen began to look closely at both. In The Nordic Theory of Everything, Partanen compares and contrasts life in the United States with life in the Nordic region, focusing on four key relationships—parents and children, men and women, employees and employers, and government and citizens. She debunks criticism that Nordic countries are socialist “nanny states,” revealing instead that it is we Americans who are far more enmeshed in unhealthy dependencies than we realize. As Partanen explains step by step, the Nordic approach allows citizens to enjoy more individual freedom and independence than we do. Partanen wants to open Americans’ eyes to how much better things can be—to show her beloved new country what it can learn from her homeland to reinvigorate and fulfill the promise of the American dream—to provide the opportunity to live a healthy, safe, economically secure, upwardly mobile life for everyone. Offering insights, advice, and solutions, The Nordic Theory of Everything makes a convincing argument that we can rebuild our society, rekindle our optimism, and restore true freedom to our relationships and lives.

This book examines the meanings of gender that underpin policies in the Scandinavian welfare states, historically and today, and raises the question whether the hallmark of the Scandinavian welfare model is a special combination of gender equality and gender differentiation.

This collection addresses the ways that Nordic countries have approached the issue of bringing ethnic minorities into the societal mainstream. With multicultural incorporation as an option, the authors explore the potential impact of the politics of identity in societies with social democratic welfare states committed to redistributive politics.