It should be noted that the Scandinavian states are mostly constitutional monarchies (Sweden, Norway, Denmark), and only Finland together with Iceland “stands apart” among the Nordic countries, because up to the present day scholars of the state define its form of government as a semi-presidential republic.
There are two groups of legal systems in the Nordic countries. The first group is composed of Denmark, Norway and Iceland, whose law has historically developed on the basis of almost identical compilations of Danish and Norwegian law, made in the second half of the seventeenth century. The second group is composed of Sweden and Finland, where a Swedish law was introduced in 1734.
The interpenetration of the legal systems of both groups is explained by the following reasons:
- The long mutual historical ties and ethnic proximity of these states;
- the almost total absence in all these countries of the reception of Roman law, which has had a significant influence on the development of the legal systems of continental Europe;
- the absence of codes which codify individual branches of law in the same way as in the Romano-Germanic tradition
- The process of unification of Scandinavian law, which has been underway for more than 100 years.
Analyzing modern legal systems of Scandinavian countries, we can identify some common features of Scandinavian and Romano-Germanic law. First of all, it is manifested in the similarity of the sources of legal regulation. In the Nordic countries the law is the main source of law, and the courts do not have the power to create legal norms in resolving a dispute. Thus, the most significant difference between the Scandinavian and common law systems emerges.
Along with this, it should be said that the role of the court in the aforementioned countries plays an important role. The judge in the Nordic countries has great freedom in interpreting the provisions contained in the laws and treaties. It is also worth noting the general trend for all the Nordic countries, which is the increasing role of jurisprudence.
As mentioned earlier, Nordic law applies the general legal concepts of Romano-Germanic law. The educational system for training future lawyers is similar to that of higher legal education in continental Europe.
This is particularly the result of the gradual influence of Roman, and later French and German law. Still, some characteristic features of Scandinavian law distinguish it from the Romano-Germanic family. In the first place, Nordic law has no division into public and private law, or into branches. In this point, it is similar to the common law family. Secondly, Nordic law is not codified. From a formal point of view, these countries continue to have laws that originally covered all normative material, but for the above reasons they cannot in any way be identified with the codifications in the countries of the Romano-Germanic legal family.
Some of the elements of the legal systems of the Nordic countries, more similar to the common law system than to the Romano-Germanic legal family. In its turn, the legislator in the Nordic countries has for quite a long time avoided using norms with a high level of generality. Criminal and civil proceedings are governed by the same rules. The common link between Scandinavian and common law is a pragmatic approach to law, legal constructions, and concepts.