sören koch of guilt was to be decided by a lay jury. This organ was deliberately named after the medieval role model: lagrette.112 When this jury found a convict guilty, the actual sentence had to be determined by the professional judge (straffelagmann) and a selected number of jurors. This jury-system is as mentioned above still in place today. Turning back to the nineteenth century, it seems worth mentioning that law-makers discussed the possibility of entrusting the lagmannsrett with appellate jurisdiction in civil matters too. It took, however, until 1936 before areform of the civil procedure resulted in the abolition of the Stiftoverrettene, making the lagmannsrett once again an appellate court. Since 1995 this has also applied in cases of capital crime. Today all criminal cases are to be decided by theHerre- or Tingrett in the first instance before they can be appealed to the lagmannsrett. In other words, thelagmannsrett has, once again, become court of appeal only.113 In this paper it was my intention to give an overview of the historical developments that led to the contemporary structure of the judiciary in Norway. It was shown that specific needs and expectations often gave rise to reforms and modifications. However, external impulses regarding the institutionalizing of specific ideals of justice would not always match the expectations and intentions of the local community. The procedural reforms of 1797 may serve as an illustrating example. At the time the demands on a more efficient and professionalized judiciary was finally heard and institutionalized in Norway, a new idea of more democratic and de-professionalized courts had already gained ground. Just a few years after the most far reaching reform of the court system had been set in motion adaptations were made to revive some traditional elements. 112 This terminology was not chosen by chance, but rather reflects the historical roots from which this institution was understood to have emerged. NOU2011:13 p. 35. 113 There has just recently been implemented a new exception to this rule. Cases concerning competition law are treated by a specific body (Konkurransenemda) in first instance. These reulings can be directly appealed to the Gulating-Lagmannsrett (Appellate Court in Bergen). 307 Concluding remarks
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