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- Judicial Organisation, by A. Færden
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JUDICIAL ORGANISATION
During the middle ages Norway was divided into four great
jurisdictions (lagthings). Legal proceedings went by custom,
which differed in several points and was not fixed in writing. The
legislative and judicial power was exercised by the representatives
of the people who were present at the lagthings. During the latter
centuries of the middle ages the kings usurped a very extensive
power for the purpose of filling up the lacunae of the law and
issuing edicts. In 1274 king Magnus, called Lagabøter (i.e. reformer
of the laws) remodelled the texts of the ancient laws, and new
codes, similar in all essential points, were adopted by the four
lagthings. The revised codes existed only in manuscript, and came
more or less to differ from one another on account of
interpolations in the texts of new laws (royal edicts).
During the union with Denmark many magistrates were Danes
who did not even know the language of the Norwegian codes. An
official but rather inadequate Danish translation of all the codes
of 1274 was prepared (code of Christian IV, 1604), which was
superseded by a wholly new codification, the Norwegian code of
Christian V, in 1687. This code, large portions of which are still
in force, is a very considerable work for its time. It contains a
great number of enactments of foreign origin, chiefly from the
ancient Danish and the Roman law.
In spite of sect. 94 of the constitution stipulating that a new
civil and penal code should be voted by the first, or at the latest,
by the second ordinary Storthing, the civil code has not yet
appeared. The preliminary labours for this code were finished more
than 50 years ago, but no bill resulting from them has been
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