RB 54

228 (Goos, Sparre), others for Schöffengerichte (Getz, Hamilton).^^ The discussion shows, however, as in Germany and France, that at the end of the 1870s the jury did not seem as attractive to the Nordic legal professionals as it had a few decades earlier. The Journal of Finland’s Legal Association accurately reflects the zeal and ardor with which the newly constituted profession approached the legislative problems it considered in need of reform. The Journal included not only scientific articles but also a section of legal cases and, what is perhaps the most interesting, a section called “Questions for discussion” (Diskussionsfrdgor). The Association decided each year what themes were to be discussed in the local sections of the association. The sections discussed the questions, and their opinions on each theme were then published in the Journal. Obviously, the contents of this section reveal the prevailing concerns regarding the Finnish legal system. For instance, in 1862 the following themes were among those discussed in the Association under the heading “General Criminal Law”; 1862 - Relative vs. absolute punishments - Banishments to Siberia - Corporal punishment - Reorganization of prisons - Confessional imprisonment - The right of the emperor arbitrarily to deviate from the statutory punishment; the right of the emperor to punish for a crime punishable by statutory law - Homicide crimes from the modern scientific point of viewas compared to the Lawof 1734 - Embezzlement - The conversion of unpaid fines to imprisonment - The prohibition of lottery - Witness oath - The possibility of establishing special juries for press offenses; trial juries. The choice of questions reveals the members’ interest in modernizing criminal law and the legal process. It is especially interesting to note how the first year’s discussion themes were of an extremely important nature, as if pressure had to be let out when it finally could, and how the themes tend to grow more detailed as the decade advances. Among others, themes concerning the relativity of punishment, the appropriateness of corporal punishments, and the principle of legality indicate an interest in modern criminal law and criminal procedure, even though opinions on the desirability of modern trends were often divided. Tamm 1972 p. 183. Judging by the records kept at the meetings, the Finnish representatives were not active.

RkJQdWJsaXNoZXIy MjYyNDk=