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2. Law and Social Change in Nineteenth-Century Norway

The most cursory inspection of the legal situation in Norway at the beginning of the nineteenth century-and of any modern nation at that time-compared with the situation today reveals great changes . How are we to make sense of these changes? Can they reasonably be termed development or evolution? Do we on closer inspection find amid the changes in specifics also the preservation of some stable traits , a possible nucleus of "the legal"? We are looking for patterns of change, for some order in the myriad changes in details . There are a number of schemes of interpretation and selection of criteria in the more or less "classical'' literature on social and/or legal change: from status to contract (Sir Henry Maine) , from Gemeinschaft to Gesellschaft (Ferdinand Tonnies), from public law to private law to public law (Karl Renner) , from repres­ sive law to restitutive law (Emile Durkheim), and not least, Max We­ ber's idea of rationalization as a historical trend that also encompasses law. The scope of this chapter, which is primarily to describe changes rather than explain them, does not permit a thorough exploration of Karl Marx's thesis that law is a superstructure caused by a base of the relation­ ships involved in production . However, the way the law deals with the major cleavages and contradictions in the Norwegian society is a main concern here . In order to see whether it is meaningful to speak about a