the court of appeal as legal transfer – heikki pihlajamäki 219 596 See Below, Georg von 1964. 597 See, e.g., Koschaker, Paul 1947. 598 See Watson, Alan 1974. 599 See Langer, Máximo 2004 pp. 29-35; Graziadei, Michele 2006 pp. 443-444. The movement oflegal ideologies, normative solutions, institutional structures and other legal phenomena have long interested legal historians and comparative lawyers. Continental legal historians have cherished the term “reception” (Rezeption) for the past century, referring to the tradition of Roman law mainly within the German cultural sphere596 and since the Second World War extending the idea of Roman law spreading all over Europe with the help of universities and the legal professionals trained by them.597 Comparatists, in turn, have employed the term “legal transplant,” since Alan Watson coined it in the 1970s.598 Competing terms have emerged ever since, legal transfer and legal translation being among the most common.599 In this article, Iwill not indulge in the terminological debate, important though it may otherwise be. Instead, I will use the term “legal transfer” throughout the text to denote the phenomena of a legal institutions and norms moving from one jurisdiction to another. This article takes courts of law as objects of legal transfer. More precisely, I intend to look into the way the model of the Svea Court of Appeal was transferred to Livonia, as a new court was founded in Dorpat in 1632. Both courts became middle instances in the judicial hierarchy of the realm. Below them were the lower courts (in Sweden proper called häradsrätter and in LivoniaLandgerichten). In addition, in Sweden proper, the lawman’s courts (lagmansrätter) heard appeals in civil cases before the Court of Appeals. Lawman’s courts were thus between the lower courts and the Court of Appeals in the hierarchy. No formal appeals in theius commune sense of appellation were possibly in either Livonia or Sweden proper, but an unsatisfied party could petition for abeneficium revisionis from the King. If it Introduction
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