On Nordic Similarities and Differences
| Published date | 01 November 1969 |
| DOI | 10.1177/001083676900400307 |
| Date | 01 November 1969 |
| Author | Nils Andrén |
| Subject Matter | Articles |
On
Nordic
Similarities
and
Differences
Nils
Herlitz:
Elements
of
Nordic
Public Law
.
Institutet
for
rättsvetenskaplig
forskning,
LIV.
Stockholm
1969.
Nils
Andrén
Professor
emeritus
Nils
Herlitz
in
his
active
days
made
a
distinguished
career
as
a
historian,
a
political
scientist
and
a
constitutional
lawyer.
At
the
same
time
he
also
took
a
prominent
part
in
public
life,
as
a
parliamentarian
-
with
the
Conservative
party
label
-
and
not
least
as
an
active
promoter
of
Nordic
Cooperation.
When
the
Nordic
Council
was
created
in
1952,
Herlitz
was
one
of
the
chief
brains
and
draughtsmen
behind
its
consti-
tution.
As
long
as
he
remained
in
parliamentary
life
he
held
the
Swedish
post
on
the
Presidency
of
the
Council,
acting
as
President
in
1955.
After
retirement,
Herlitz
enriched
both
juridical
and
Nordic
literature
with
an
impressive
four
volume
work
on
Nordic
Public
Law
(Nordisk
of-
fentlig
r3tt).
In
his
eighty-first
year
he
has
condensed
the
main
findings
of
this
study
into
one
single
volume
in
English,
Elements
of
Nordic
Public
Law.
The
present
review
of
Herlitz’
Eng-
lish
book
is
written
with
two
major
aims,
one
to
give
the
reader
an
idea
of
its
contents
and
its
usefulness,
the
other
to
analyse
and
discuss
Herlitz’
views
on
the
Nordic
Council
and
on
the
sector
of
Nordic
cooperation
falling
within
the
framework
of
his
study.
On
this
matter
his
views
and
ideas
are
of
particular
interest
in
his
capacity
both
as
a
Nordist
of
long
and
reputable
standing
and
as
one
of
the
’chief
archi-
tects
of
the
Nordic
Council’
-
as
he
is
rightly
hailed
in
the
foreword
by
his
Oxford
colleague
Professor
H. W.
R.
Wade,
Q.C.
Herlitz
himself
describes
his
aims
in
terms
which
are
both
modest
and
ambitious.
First
of
all
he
makes
the
point
that
his
book
is
written
by
a
lawyer,
not
a
political
scientist.
’It
is
not
intended
to
write
on
history
or
social
sciences,
or
to
apply
the
methods
of
these
sciences,
not
even
to
achieve
some
kind
of
methodical
syncretism
or
amalgamation.
In
treating
public
law
it
is,
however,
necessary
to
keep
in
sight
phenomena
which
are
studied
in
these
sciences...
The
wider
perspectives
aimed
at
are
particularly
important
in
public
law
and
they
are
indispensable
when
law
and
legal
institutions
are
explained
to
foreigners.
The
author
therefore
in-
tends
not
only
to
demonstrate
the
legal
systems
but
also
to
give
some
concep-
tion
about
ideas
and
social
forces
behind
them
and
about
the
ways
in
which
they
function
in
social
and
political
life.’
In
fact,
the
historical
perspective
is
always
with
the
author
and
his
readers.
It
is
indeed
a
necessity
for
explaining
the
characteristics
of
legal
systems,
like
the
Nordic,
with
specific
peculiarities
moulded
during
many
centuries
of
un-
broken,
and
to
a
large
extent
independ-
ent
development
of old
Scandinavian
legal
concepts.
The
social
and
economic
aspects
are
also
accounted
for,
e.g.
in
relation
to
the
party
systems.
As
an
old
politician,
Herlitz
is
also
perfectly
well
aware
of
the
dynamics
of
political
forces.
In
his
parliamentary
work
his
academic
and
analytical
approach
to
problems
may
at
times
have
reduced
his
political
efficiency.
In
the
present
context
this
political
’defect’
-
if
such
it
is
-
is
only
a
virtue.
The
second
point
is
that
the
book
is
really
only
about
’elements’
of
Nordic
public
law.
It
is
written
in
order
to
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