The Role Of Criminal Law In Norway

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Researching about the law in Norway requires familiarity with the sources that are pertinent in Norwegian law, as well as the knowledge on how they complement each other. One also needs a little knowledge about the government branches, especially concerning the role they play in the legal environment and in the creation of various laws. Last but not least, any legal researcher needs to be aware of the Norwegian language, since most of the sources are only available in one of the two official versions of Norwegian languages, both Bokmål as well as Nynorsk. This paper is meant to offer an introduction on how to do criminal law is codified in Norway. The Norwegian criminal code first came into effect in 1842 after the promulgation of the …show more content…

Most of the basic thoughts, concepts and principles written in the code bear several similarities to those employed in other Nordic nations as well as in German criminal law. Even if the country is firmly entrenched in continental criminal law traditions, the Nordic legal orders have different traits. For example, the legislative culture has been characterized by a powerfully pragmatic style of thought. Retributive thinking has been downplayed, while utilitarian considerations are given priority. Such styles of thinking are also found in the preliminary works of this new criminal code. Some arguments about the general deterrence measures are taken as the central design of criminal law. Researchers of legal issues have claimed that retributive principles cannot at a theoretical level be the rationale of criminal law, a point of view that without a doubt is misguided. On the other hand, the conventional ideas of crime and retribution have been a fundamental aspect of the culture Norwegian criminal law follows. The principles of guilt and proportionality of punishment have been fundamental in following the continental background of the criminal laws that are in place. To some extent the new criminal code shows signs of a stronger authority of retributive concepts, even if they are only addressed in terms of arguments. There are, according to research, communal needs for just responses to any crime. This is a need that must be addressed in

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