Legal history of Denmark
The legal history of Denmark is characterized by a long phase of legal fragmentation . A reception of Roman law , which led to a certain degree of legal unity in other European countries, did not initially take place. This has to do with the fact that at that time the law was still spoken by lay judges. That only changed when the academy in Sorø was founded for the nobility , where Christian IV's sons were taught. A chair for Roman law was established there. From the late Middle Ages onwards, so-called territorial laws were in force in larger territorial units , which were gradually supplemented by imperial legislation - a tendency that became stronger with absolutism from 1660 onwards. Legal records of the territorial laws ( landskabslove ) were the Scanian law for the Skåne provinces , the Jutian law for Jutland and Funen and the Zealand law of the kings Erich and Waldemar . An exception is Jutian law , which was enacted by Waldemar II in 1241 .
The Reformation in 1536 represents a turning point in Danish legal history . The king, strengthened at the expense of the church, passed numerous imperial laws with the newly founded Imperial Council . The royal court, the court thing, was highly regarded; many of his decisions are preserved to this day. Real legal unity only emerged in Denmark with the introduction of absolutism in 1683 through the decree of Danske Lov , the first European codification in the national language. The influence of the rest of European jurisprudence, especially natural law and the Enlightenment, increased. The doctrine of the separation of powers was implemented as early as 1700, at least insofar as in fact the exercise of state powers was carried out by various state officials. The right to freedom of expression, general freedom of assembly and association, freedom of religion, the principle of nulla poena sine lege and the right to a legal judge gradually gained acceptance and were finally formally granted in the Basic Law of 1849.
For a long time, the level of Danish legal training was well below that of other European countries: notwithstanding the founding of the University of Copenhagen in 1479, Danish students could only get a solid education abroad in 1600. This only changed with the introduction of the legal state examination for all judges, lawyers and civil servants in 1736, which was to be the basis for the improved administration of the centralized state.
In the 19th century, the great European legal cultures continued to affect Denmark, especially the French Civil Code . The scientific preparation and systematization of the law was based on the German Pandect Science, especially on Friedrich Carl von Savigny and Rudolf von Ihering , in criminal law on Franz von Liszt . The outstanding figure in science and practice in Denmark itself was Anders Sandøe Ørsted at the beginning of the 19th century . Following the example of the German Lawyers' Association and the English Society for the Promotion of Social Sciences , the Nordische Juristentagungen (De nordiske Juristenmøder) were created in 1872 , which are the basis for intensive legal cooperation between the Scandinavian states to this day. The following are important results of this work: the Bill of Exchange Act of 1880, Laws on Commercial Register, Company and Procuration in 1881, Laws on Trademarks 1884 and 1890, as well as a new Maritime Law in 1887.
At the beginning of the 20th century, liberalism and individualism gave way as basic principles of private law in favor of strong state intervention. The social reforms of the last years of the 19th century formed the basis for the so-called Scandinavian model and were further expanded in the 1930s: in 1890 a general pension scheme was introduced according to the principle of means and an accident insurance, in 1892 a health insurance model influenced by the Bismarckian social reforms. Other major reforms followed in 1933: social security, accident insurance, job placement and unemployment insurance.
literature
- Ditlev Tamm : Retshistory . I. Dansk retshistorie. Jurist- og Økonomforbundets Forlag, 1990.
- Knud Fabricius: Kongeloven. Hagerups Forlag, Copenhagen 1971, ISBN 87-7500-810-6 (first edition: 1920, reprint).