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Artikkel: Frede Castberg (1893–1977): A Call for Moderate Constructivism in Nordic and International law, av Sören Koch

Professor Sören Koch har fått publisert en artikkel om professor Frede Castberg (1893-1977) og hans påvirkning på den norske rettskulturen.

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Hovedinnhold

Professor Sören Koch har nylig fått publisert artikkelen "Frede Castberg (1893–1977): A Call for Moderate Constructivism in Nordic and International law" i the British Association of Comparative Law.

 

Introduksjonen:

Despite having a separate legal system and jurisdiction which has roots back to the medieval period, traditionally, Norway was highly impacted by discourses on legal developments taking place outside the realm. Cross-juridical discourses and exchanges had influenced the development of the Norwegian legal culture for centuries. The exchange of legal ideas and their adaptation to the local legal culture was particularly dependent on individual legal scholars and their networks. One of the most prominent figures in Norwegian academia promoting cross-juridical exchange and actively using his personal networks when formulating and testing new approaches to law was professor Frede Castberg. From the outset, his work was based on comprehensive comparative studies and facilitated by his language skills that enabled him to study foreign and international law as well as get in touch and establish lifelong relations with prominent lawyers from other jurisdictions. In contrast to most of his Norwegian colleagues, his approach to law, which was strongly influenced by his international network and his experience abroad, was based on intersubjective categories downplaying but not entirely disregarding the legal pragmatism and realism prevailing in the domestic and Nordic discourse of the Interwar period.

 

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