courts of appeal in norway the majority of the “free men”, that is, all armed men present at the gathering. To characterize this kind of decision-making as an early form of “folk courts” (folkedomstoler) became as mentioned above popular in the nineteenth and early twentieth century.13 Nevertheless, in contrast to modern courts the assemblies had a weak degree of institutionalization. Lower courts had mainly the character of ad hoc-institutions that were established in order to solve aconcrete conflict or on the specific demand of one or both parties. The regional court had a higher degree of institutionalization since it was in session regularly once a year. However, on all levels, the court’s decisions, if any were reached at all, had no binding effect on later cases and were not given in form of a judgment in the modern sense of the term. Traditionally, some members of these assemblies were particular experienced in legal matters and they were therefore called lawman (lögmaðr/lagmann). Their advice was highly respected. Nevertheless, because they had no official authority their suggestion had no binding effect on the verdict of the assembly. With the Code of the Realm, however, a new legal order was introduced.While the Code contained anumber of pre-existing legal customs, new rules and institutions were also adopted. One of these alterations concerned the office of the lawman, who was now appointed by the king, and who was no longer just a legal consultant to the assembly of free men (ting) but became assigned the task of acting as a judge.14 In exercising this function he was active both on the local and regional level. His interpretation of the law (orskurd) was binding for the other members of the assembly. Only the king had the right to overrule the lawman’s decision (based on his own interpretation of the law).15 As the interpretation of the law lay in the hands of a representative of the crown, juridical deci13 For references, see below fn. 107. 14 Already in theNew Lawof HåkonIVHåkonsson (from 1260) an arbitration-organ was introduced under the title “law summon proceedings” wherelögmaðr or lawman was de facto assigned the function of a judge. Cf. King HåkonIVHåkonssons New Law, chap. 16. Cf. Sunde, Jørn Øyrehagen 2010 b p. 119. 15 Code of the Norwegian Realm, book I art. 1-11: “When a party appeals the decision from the lawman [in the arbitration panel –skilaði at the local court] and sends it to the regional court (lagting), so shall the judges thoroughly invest the case, but even if they all agree on that the lawman’s verdict is unlawful, so must they not set a side his verdict, but they 284
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