The book addresses efforts to politically influence and curb the
judicial system, by telling the story of the enactment of
controversial laws in Norway in 1927. It draws parallels to current
challenges to the autonomy of the legal order, both in countries where
populist forces seek control over the courts, and in other countries
where increasing levels of conflict, such as around the climate crisis
and the pandemic, challenge the rule of law. In 1927 the Norwegian
Parliament enacted three laws that changes the rules of the game in
the relation between Labor and Capital. The law was weaponized in
benefit of the employers. By this, the legislature departed from the
classic ideal of equality before the law and law’s autonomy as a
neutral order. The new laws were called the penitentiary laws. The
demonstrations against one of the laws, the Arbitration Act in 1928
were the largest manifestation of civil disobedience in Norwegian
history. They provoked a level of lawlessness that has not been
matched, with exception of the situation during the German occupation
1940-1945. The book analyses the events with the aid of the theory of
civil disobedience in liberal democracies put forward by the
philosopher John Rawls and the theory of the legal complex developed
by the socio-legal scholars Terence Halliday, Lucien Karpic, and
Malcolm Feeley. This book tells the story of the Penitentiary Laws,
how the laws came into being, how they were received and resisted, and
how they were defeated through civil disobedience and with the support
of a legal complex which reached far into the legal system. The
outcome of the conflict may be one of the factors that explain the
high level of trust that the legal institutions enjoy in present day
Norway.
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The Penitentiary Laws and Civil Disobedience in Norway 1928-1931
Produktdetaljer
ISBN
9783031690556
Publisert
2024
Utgiver
Vendor
Springer
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter