Danish Code

Danske Lov (English: Danish Code) is the title of a Danish statute book from 1683, that previously formed the basis for the Danish legislation. Even though it is mainly a compilation of older, regional laws, it took 7 different commissions several decades under two different monarchs to put the Code together. In 1687, Norway received its Norwegian Code, which in form and content is about identical with Danish Code. Danish Code has been translated into English, Latin, German and Russian.

The statute needs to be viewed in connection with the European traditions of justice, which since the 12th century has moved towards an assembly of different practices. This tradition was encouraged by the Catholic Church. The majority of the statute has now been superseded by newer laws. However, parts of the Code still apply, e.g. 3-19-2, which states that an employer is responsible for compensation for damages that an employee might cause during his employment.

The historical book Gesta Danorum by Saxo Grammaticus, which is dated to the 13th century, describes the Danish kings' attempts at legislation. One of the first examples of Danish legislation was 'Vederloven' from the 1180s, that regulated the personal army of the king, also known as the Housecarls. This was superseded by a series of regional laws, first Scanian Law, later Jyske Lov and Sjællandske Lov. Generally, the regional laws are based on Casuistry. This means that they are based on concrete cases of breaches of the law, and describe how the conflict is to be solved. However, the rules of procedure are broad.

Immediately after gaining absolute power King Frederick III appointed a commission to scrutinize the laws of the kingdom, to identify laws that were in conflict with the absolute power of the king and to work out a new procedure for the administration of justice. Danish Code is seen as being born of necessity, as justice was at the time administered on the basis of a large number of somewhat contradictory laws.

Additionally, the division of Denmark into two judiciary areas, based on Jutland and Zealand respectively was seen as bothersome and anachronistic. On January 12, 1661, the State College (Danish: Statskollegiet), a governing body overseeing the workings of the government, published a report suggesting to work out a comprehensive Danish Code. King Frederick III then established The First Law Committee consisting of 3 jurists (including Supreme Court Assessor Peder Lassen), 8 noblemen and 10 civilians. Work in the first Committee broke down, one of the causes being that the noblemen were unhappy with the suggested diminishing of their privileges.

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