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There were significant points of contact and similarities in the ways in which the laws of Scotland and Norway developed. The Treaty of Perth of 1266 was of significance in the state formation of both countries, and in the determination of their territorial boundaries. The laws and customs applicable in the Orkneys and the Shetlands remain distinctive due to Norse influence, centuries after those islands became subject to Scottish sovereignty. The extensive trading links between two countries united by the North Sea raises the question of how trade between the territories was regulated.
Commercial law
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Comparative law.
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Law
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Maritime law
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History.
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HISTORY / Europe / General.
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Scotland
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Norway
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Commerce
This book brings together experts in Norwegian and Scottish legal, economic and political history to explore these points of contact. It breaks new ground, considering Scots law in terms of its historical interactions and similarities with another national legal system, rather than in terms of its place at the intersection between the common law and the civilian traditions.
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The changes in communication technology have hugely increased the interaction over geographical distances; hence given rise to new kinds of social relations in need of legal regulation by transnational law - law valid across the jurisdictional borders of the nation state, and applied within. Law is therefore no longer mainly a national matter, and without an understanding of different legal cultures, the perception of the contemporary legal order will be incomplete. In the present era of internationalisation of law, the purpose of applying legal culture as an analytical tool is, in short, to make different notions of law and how law operates in society understandable to such an extent that they do not form obstacles for cooperation. This approach to legal culture takes it out of a purely academic setting and into the legal world outside the ivory tower. This means taking legal culture out of books and into action. This book aims at supplying the reader with tools to operationalize legal cultural knowledge in the everyday operations of law. In other words, the book you hold in your hands right now is produced with the ambition of managing the unmanageable concept of legal culture, and by this making it applicable when deciding the content of law.
Culture and law. --- Sociological jurisprudence. --- Comparative law --- Culture et droit --- Sociologie juridique --- Droit comparé
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Comparative law --- Commercial law --- Law --- Scotland --- Norway
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Norway's Supreme Court is one of the most powerful Supreme Courts in Europe. This position is in large parts due to the role and expansion of the law clerks on the Court. Beginning in 1957 with a single clerk, the number of law clerks has increased dramatically. Today, the clerks outnumber the justices, and their tasks have expanded considerably. In 1957 the task was to prepare civil appeals. Today, clerks assist in most stages of the Court's decisional process, including the writing of the final decision. The expansion and institutionalisation of the clerk unit have enabled the justices to commence on policymaking and on developing the law. The law clerks have been key in the development of a more proactive and powerful Norwegian Supreme Court. This book is the first comprehensive study of law clerks in a European Supreme Court. It will be valuable to lawyers, historians and political scientists who care about the expanding role of courts and the impact of courts on politics, society, and the legal system.
Courts of last resort --- Law clerks --- Cours suprêmes --- Clercs d'étude juridique --- Norway.
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