User:SvareJM/Sandbox/Nordic Law

Norway
* Applied in Oslo, Bergen, Trondheim, and Tønsberg

Main Types of Legal Sources in Denmark-Norway

 * Aabne Breve - Lover kunngjort som Aabne Breve, stilet til allmennheten.
 * Breve - Påbud rettet mot embetsverket, sendt som brev. Se også Missiver.
 * Forordninger - Under eneveldet fikk lover av allmenn karakter fellesbetegnelsen forordninger.
 * Ordinances is a collective term for individual laws of a general nature issued in the king's name. They were addressed to the public, unlike rescripts, which were formally regulations the style of the administration. During the monarchy, the king was not bound by constitutional forms when he gave laws, there was therefore no sharp boundary between the two forms. The laws were preferably published as "Forordninger og Aabne Breve" (Regulations and Open Letters), but it also happened that they were announced in rescript form. See also Rescript


 * Håndfestninger - Dokument som stadfester valgkongens plikter, særlig overfor riksrådet og høyere stender. Bortfalt ved innføringen av eneveldet i 1660.
 * Love - Eks.: Kong Christian den Femtes Norske Lov.
 * Missiver - Lukkede brev, særlig kongebrev, med bestemmelser stilet til embetsverket.
 * Ordinanser - Omfattende særlover.
 * Rescripter - Formelt er dette bestemmelser stilet til embetsverket under eneveldet. Ble også brukt til å kunngjøre lover. Se nedenfor under Rescripter.
 * Provisions addressed to the authority that was to ensure that they were carried out. Preferably begin with "Vor gunst tilforn..."
 * Two ways of release: a) with the king's personal signature sent to the appropriate person. b) the royal order issued in a copy as a collegial letter from a government collegium.
 * Laws for the general public were most often given in rescript form when they concerned certain parts of the country, e.g. Finnmark. But also laws for the whole kingdom, or both, were given in rescript form.
 * Most of these are further explanations of the applicable legal rules, often with regard to a present case.
 * Several rescripts contain new legal rules.
 * Many rescripts were addressed to the courts and contain laws relating to criminal law and the administration of justice.
 * Early in the period, the king could decide how a misdemeanor - without prior judgment - was to be punished, partly by disregarding the applicable law. This intermingling of legislative and judicial authority later ceased. An external reason for the mixed use of the rescript form in the latter part of the period was that there were many inquiries about private law matters. The present cases were decided on the basis of current law, then new law was added as needed.


 * Recesser - Lover gitt av kongen med samtykke fra riksråd eller riksdag. De kunne være sammenfatning av flere lover.
 * Recess is a decision reached through negotiations between the king and the Riksdag, or the king's representative and representatives of estates, before the time of the monarchy. Discussions on by the National Counci (herredag) in Norway could result in recesses. The result had to be confirmed by the king, after which it had the force of law. Published recesses could also be a summary of previous recesses. Most known are the Koldingske Recess (also called the Koldinghusiske Recess) and Christian the Fourth "Store Reces". Found in Secher's Ordinances and Recesses, with introductions by Secher.


 * Traktater - Overenskomster mellom stater.

Other Definitions
As Per Finn Karlsen, Law and Punishment, RootsTech, 2017.
 * Forordning(er) - Aimed at everybody
 * Rescript(er) - Aimed at authorities
 * Recess(er) - Laws after negotiations between King and Council
 * Placater(er) - Short descisions akso by local authorities
 * Resolution(er) - Decision by the king and regjering