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The Swedish Code of Judicial Procedure

The Swedish Code of Judicial Procedure Downloaded from https://academic.oup.com/ajcl/article/18/3/636/2585648 by DeepDyve user on 30 September 2020 636 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 18 CRIMINAL LAW AND PROCEDURE TH E SWEDISH CODE OF JUDICIAL PROCEDURE. Translated and with an introduc­ tion by Anders Bruzelius and Ruth Ginsburg. The American Series of Foreign Penal Codes 15. South Hackensack, N.J.: Fred. B. Rothman & Co., London : Sweet & Maxwell Ltd., 1968. Pp . x, 258. Reviewed by Ole Lando * Unlike several continental countries, Sweden has only one code of judi­ cial procedure. Criminal and civil procedure are treated in the same Code. Th e Code dates from 1942 and came into force on January 1, 1948. It is one of Europe's more recent codes of procedure. The translators, one of whom is a Swedish judge and the other an Ameri­ can law professor, are well known from their work Civil Procedure in Sweden? For this achievement and for the present translation they have been awarded an honorary doctor's degree by the University of Lund. This is a rare and much-deserved distinction to the two authors. The Introduction gives a brief but very comprehensive survey of the his­ tory of Sweden's judicial procedure and a short introduction to the code. In the end of the survey the authors reveal their method of translation: In Sweden attorneys do not have any monopoly in representing parties before the court and many people appear in person or let laymen appear. The legislators, while using the terse old Swedish style, attempted to draft a text which laymen could also understand. The translators have made an attempt to follow the style of the legislator. In this they have succeeded. An American reader will get the best possible account of the Swedish code, and with the book, Swedish Civil Procedure the foreign reader will be able to get a fairly accurate survey of the Swedish law of civil procedure. For sub­ scribers to the books of the Comparative Criminal Law Project and for others who for criminal law purposes are interested in the present translation, the English translation of the Swedish Penal Code may be of some help. This translation was made in 1965 by Professor Thorsten Sellin of the Uni­ versity of Pennsylvania and was published by the Swedish Ministry of Justice. However, the rules on execution of judgments and of other acts are to be found in the Code of Execution of which as far as is known no English translation exists. The two books, the one on Swedish Civil procedure and the present trans­ lation of the code are valuable contributions to the knowledge on Swedish law. They are useful for counsels and useful in those law schools where comparative law is taught. Here they may supply excellent material for class work. They must also be useful for those scholars who work in the field of comparative civil procedure. The literature on comparative law abounds in theoretical niceties and fine points. The recent attempts to reproduce its basic material, the positive law, are to be warmly welcomed. * Professor of International and Comparative Law, Copenhagen School of Eco­ nomics and Business Administration. Reviewed in this Journal, Vol. 14 at 336. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Swedish Code of Judicial Procedure

American Journal of Comparative Law , Volume 18 (3) – Jul 1, 1970

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Publisher
Oxford University Press
Copyright
© American Association for the Comparative Study of Law 1970
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839357
Publisher site
See Article on Publisher Site

Abstract

Downloaded from https://academic.oup.com/ajcl/article/18/3/636/2585648 by DeepDyve user on 30 September 2020 636 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 18 CRIMINAL LAW AND PROCEDURE TH E SWEDISH CODE OF JUDICIAL PROCEDURE. Translated and with an introduc­ tion by Anders Bruzelius and Ruth Ginsburg. The American Series of Foreign Penal Codes 15. South Hackensack, N.J.: Fred. B. Rothman & Co., London : Sweet & Maxwell Ltd., 1968. Pp . x, 258. Reviewed by Ole Lando * Unlike several continental countries, Sweden has only one code of judi­ cial procedure. Criminal and civil procedure are treated in the same Code. Th e Code dates from 1942 and came into force on January 1, 1948. It is one of Europe's more recent codes of procedure. The translators, one of whom is a Swedish judge and the other an Ameri­ can law professor, are well known from their work Civil Procedure in Sweden? For this achievement and for the present translation they have been awarded an honorary doctor's degree by the University of Lund. This is a rare and much-deserved distinction to the two authors. The Introduction gives a brief but very comprehensive survey of the his­ tory of Sweden's judicial procedure and a short introduction to the code. In the end of the survey the authors reveal their method of translation: In Sweden attorneys do not have any monopoly in representing parties before the court and many people appear in person or let laymen appear. The legislators, while using the terse old Swedish style, attempted to draft a text which laymen could also understand. The translators have made an attempt to follow the style of the legislator. In this they have succeeded. An American reader will get the best possible account of the Swedish code, and with the book, Swedish Civil Procedure the foreign reader will be able to get a fairly accurate survey of the Swedish law of civil procedure. For sub­ scribers to the books of the Comparative Criminal Law Project and for others who for criminal law purposes are interested in the present translation, the English translation of the Swedish Penal Code may be of some help. This translation was made in 1965 by Professor Thorsten Sellin of the Uni­ versity of Pennsylvania and was published by the Swedish Ministry of Justice. However, the rules on execution of judgments and of other acts are to be found in the Code of Execution of which as far as is known no English translation exists. The two books, the one on Swedish Civil procedure and the present trans­ lation of the code are valuable contributions to the knowledge on Swedish law. They are useful for counsels and useful in those law schools where comparative law is taught. Here they may supply excellent material for class work. They must also be useful for those scholars who work in the field of comparative civil procedure. The literature on comparative law abounds in theoretical niceties and fine points. The recent attempts to reproduce its basic material, the positive law, are to be warmly welcomed. * Professor of International and Comparative Law, Copenhagen School of Eco­ nomics and Business Administration. Reviewed in this Journal, Vol. 14 at 336.

Journal

American Journal of Comparative LawOxford University Press

Published: Jul 1, 1970

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