Jurisprudence is a generic term denoting the science and philosophy of law. In this respect, the word “jurisprudence” is often used to distinguish studies focusing on aspects of legal form and method from investigations concentrating on the content of the law, i.e. substantive law issues. In the Scandinavian countries, the latter often are referred to as studies in legal dogmatics.
In the Scandinavian legal education, jurisprudence is a compulsory subject for most legal degrees. In the academic curricula, the discipline is referred to as the “General Theory of Law” (in Swedish, allmän rättslära). Not surprisingly, its content and objectives are often discussed. The argumentation at times has been intense, as advocates for the various theories articulate different opinions as to the true nature of law, along with accompanying convictions concerning what are, can and should be considered acceptable legal methods. In the international debate, however, the terminological distinction between jurisprudence and legal dogmatics is not always maintained. The word “jurisprudence” is sometimes apparently also used in a broader context as a synonym for “law”, covering studies of both kinds. Jurisprudence thus also corresponds to legal science (in Swedish, rättsvetenskap). It is in this sense that the title of this book should be understood. This 48th volume of the Scandinavian Studies in Law (Sc.St.L.) has been dedicated to honour Professor Jes Bjarup on the occasion of his retirement from the chair in Jurisprudence at the Stockholm University Law Faculty in January 2005.
The progress of information and communication technology (IT) has
surpassed all expectations. IT is affecting almost every aspect of human
life and the development can be expected to continue as the technology
becomes more advanced and costs continue to drop.
The Scandinavian countries have long been in the forefront when it comes to the use of IT, mobile telephones and the Internet. The awareness of technical potentialities is reflected in a longstanding jurisprudential interest in the field. The Swedish Law and Informatics Research Institute traces its origin back to 1968, the Norwegian Research Center for Computers and Law held its first seminar in 1970, and, not surprisingly, the activities in this field are presently more intense than ever. Following this tradition, this volume of Scandinavian Studies in Law presents 27 newly written articles on current legal issues relating to IT. The contributors are all scholars and practitioners active in Denmark, Finland, Iceland, Norway and Sweden.
This volume of Scandinavian Studies in Law (Sc.St.L.) Gives an
overview of the contemporary discussion of maritime and transport law
in the Scandinavian countries.
Due to obvious geographical reasons maritime and transport law has always played
an important role in the Scandinavian countries.
Due to obvious geographical reasons maritime and transport law has always played an important role in the Scandinavian countries. Transports also form an essential part of the Scandinavian economy. As a consequence, Maritime and Transport Law has a long history as an established academic topic in the region. This volume reflects this tradition, as the authors of the thirteen articles that are presented are all prominent academics from different universities in Scandinavia where transport law is studied. In addition to the articles on maritime and transport law this volume also contains a presentation of the Bar associations in the Scandinavian countries Denmark, Finland, Iceland, Norway and Sweden.
This volume of Scandinavian Studies in Law (Sc.St.L.) addresses legal issues related to company law. The articles cover a number of different areas, especially those concerning limited liability companies. In addition, several problems relating to the interpretation of the European company law directives are analysed. Thus, both national and European perspectives are included.
The Scandinavian countries have a long tradition of cooperation in the area of company law. Denmark, Finland and Sweden are members of the EU. Norway and Iceland are linked to the Union via the European Economic Area Agreement. As a consequence, all the Scandinavian countries have harmonized their legislation in accordance with the company law directives, which has brought important consequences for all these countries. Reflecting a broad spectrum of issues currently attracting interest in the Scandinavian countries, as well as in many other European countries which are in the process of adjusting their legislation to the EU standards, this volume of Sc.St.L. provides an important contribution to the international discussion.
This volume comprises twenty-four articles covering many different areas of national and international taxation. Both income taxation and issues related to indirect taxes, such as real estate tax, net wealth tax, etc., are discussed. In addition, problems related to personal income taxation, the taxation of companies, and the ongoing European harmonisation of Value Added Taxes and excise taxes are addressed.
Several contributors share with the reader a wealth of practical experience concerning enforcement, tax reforms, and the ongoing internationalisation.
The Scandinavian countries all have comprehensive social welfare systems and huge public sectors – this has resulted in high standards for social security, but also in some of the world’s highest taxes. As a consequence, Scandinavian tax laws are frequently debated in the political arena. In this repsect, this collection also provides an interesting contribution to the international discourse.
This volume provides a broad, comparative analysis of the development of Scandinavian labour law over the last decades. The picture of development is one of both stability and change. The institutional framework of Nordic labour relations has remained largely unchanged; employers organisations and trade unions still hold a strong position, and the collective agreement continues to be the principal instrument for regulation of the labour market. But, in other aspects, extensive changes have occurred.
Labour law is no longer solely the concern of national legislators and social partners. International influences, especially from the European Community, are important. Further, this volume covers several topics such as equal treatment, employee privacy and temporary-work agencies that would not have been regarded as relevant some thirty years ago.
A majority of the contributions were presented at a conference held in Stockholm 2002.
The regulations concerning tort and insurance are extremely vital from the economic point of view, ideally providing security for anyone engaging in business operations, as well as compensation for individuals affected by negative consequences. Tort law is a also an area of the law which often give rise to intense debates, as new insights and shifts in perspectives may set the focus on previously more or less unnoticed negative effects.
Environmental concerns and new ways of looking at the tobacco industry are just a couple of examples of the latter. Important to mention is furthermore that the issues relating to tort and liability provide compelling challenges for anyone interested in theoretical legal problems.
The 23 articles that are presented here reflect to a large extent all the above mentioned aspects and provide an important contribution to the international discussion.
Intellectual property has become in recent years an issue which almost everyone has a conscious relation to, partly as a consequence of the digitalisation and the growth of the Internet. It is also obvious that an increasing number of social sectors are becoming affected by problems related to intellectual property, as the technical progress continues.
Recent illustrations of this development are provided by the debate about the possibilities of protecting DNA sequences, the increasing awareness of the social impact of granting patents for various medical solutions, and the growing use of the Internet as a medium for transmitting music files. The legal framework covering these issues is multifaceted. It is also noticeable the field is constantly undergoing changes, as various interests are being articulated and challenged. Reflecting several of these aspects this issue of Sc.St.L. provides an overview of many of the issues currently debated in the international arena. The volume also contains a cumulative index for Volumes 1-41 of the series.
This volume presents 20 articles on various theoretical aspects of law. Legal Theory, or as it is sometimes labelled, Analytical Jurisprudence, is a topic which has been attracting a lot of interest from Scandinavian lawyers for a long time. This tradition has generated a vast amount of literature and is reflected in a continuous debate concerning various methodological and ontological aspects of the law.
The articles have been arranged under the subheadings On the Nature of Law, On Legal Concepts and Legal Principles, On Legal Reasoning, Legal Rules and the Development of the Legal System, and Perspectives on Legal Science. Taking into account the richness of the material it is the conviction of the editors that this volume provide interesting material for further discussions concerning legal theory also outside the Scandinavian countries.
This volume presents 23 articles on International Law. The book is divided into three sections, European Law, Comparative Studies, and Extraterritorial Problems. Since 1995, not only Denmark but also Finland and Sweden have become members of the EU. Iceland and Norway are related to the community law via the EEA Agreement, creating the European Economic Area.
From this it naturally follows that the reception of European law and the interaction between European law and national law are topics of particular relevance to Scandinavian law at the present time. As a result of the Nordic participation in the EU and the general trend towards greater international cooperation there is clearly also a growing demand outside Scandinavia for information about Scandinavian law, legal thought and tradition. For comparative legal studies Scandinavian law has much to offer, and the editors hope that this volume will be an easily accessible source abridging the language barrier.
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