ARENA Working Papers
WP 02/15

Rawls in the Nordic Countries


Andreas F�llesdal



The impact of Rawls�s work in the Nordic countries has been wider than expected. Section 1 identifies some legal, political, and cultural features that would lead us to expect little interest in Rawls�s work: Scandinavian Legal Realism, the Social Democratic Welfare state regimes, and pervasive ethnic and cultural homogeneity. Section 2 gives an overview of the reception of Rawls�s work, both in the academy and in public fora, on the basis of extensive but not exhaustive searches. Section 3 offers some conclusions and speculates that Rawlsian contributions � and political philosophy in general � will increase, largely due to Europeanisation. Appendix 1 provides bibliographical information about first translations and presentations of Rawls�s work starting with the 1955 article �Two Concepts of Rules�. Appendix 2 lists appeals to Rawls�s work in the academy and the public sphere, ranging from the substantive principles of Justice as Fairness stated in 1971 through the Law of Peoples (1999). Neither appendix claims to give exhaustive accounts.



What has been the impact of John Rawls�s work in the Nordic countries � the Scandinavian countries Denmark, Norway and Sweden, together with Finland and Iceland?


Many social indicators suggest that these states are very close to Rawlsian egalitarian standards of distributive justice. An exploration of dominant Nordic ideologies will therefore be quite instructive, quite apart from any direct impact of Rawls [1] . The following reflections also seek critically to assess such prima facie considerations, and indicate some challenges facing attempts at �implementing� Rawls�s theory. The Nordic experiences illustrate the complex relationship between such principles and institutions of welfare, the role of public deliberation, and challenges of multicultural accommodation.


Section 1 identifies some legal, political, and cultural features that would lead us to expect little interest in Rawls�s work. Section 2 gives an overview of the reception of Rawls�s work, both in the academy and in public fora. Section 3 offers some conclusions and speculations. Appendix 1 provides bibliographical information about first translations and presentations of Rawls�s work starting with the 1955 article �Two Concepts of Rules�. Appendix 2 lists appeals to Rawls�s work in the academy and the public sphere, ranging from the substantive principles of Justice as Fairness stated in 1971 through the Law of Peoples (1999). Neither appendix claims to give exhaustive accounts. [2]

1 The Nordic Countries

The Nordic countries have more in common than their geographical proximity; at least three features are salient for our concerns. In terms of legal tradition they are historical strongholds of Scandinavian Legal Realism. Politically they are egalitarian social democratic welfare state regimes. Culturally, their citizens have regarded themselves as highly homogeneous, religiously, culturally and ethnically.

1a Scandinavian Legal Realism: of God and his Prophet

Scandinavian practical philosophy and legal thought has been greatly influenced by two Uppsala philosophers who were facetiously described as God and his Prophet: Axel H�gerstr�m and Vilhelm Lundstedt. [3]


One of Rawls�s earliest publications is a review of Axel H�gerstr�m�s 1953 book Inquiries into the Nature of Law and Morals. [4] H�gerstr�m (1868-1939) and his devoted disciple Vilhelm Lundstedt (1882-1955) founded the �Uppsala School� that was to enjoy great influence in Scandinavia [5] , and started what came to be known as Scandinavian Legal Realism. [6] H�gerstr�m maintained a version of moral non-cognitivism, rejecting the possibility of moral facts and instead endorsing ethical emotivism. His views influenced the Swedish legal scholar Karl Olivecrona (1897-1980) and, in Denmark, Alf Ross (1899-1979). [7] Scandinavian legal realism rejected speculations regarding the metaphysical nature of law, rejected natural law, and held that the only meaningful content of law is that which can be verified. This was not to deny the need for politics and values, but to deny that values could be the subject of scholarly arguments. Thus Alf Ross stated that:

I reject the idea of an a priori principle of justice as a guide for legal politics (legislation), and discuss the problems of legal politics in a relativistic spirit, that is, in relation to hypothetical values accepted by influential groups in the society. [8]


The effect was to steer legal scholars away from open debates about political issues, instead placing such topics squarely with the domain of legislatures. This tendency was boosted by a long-standing respect for parliamentary sovereignty, at least in the Scandinavian countries. [9]

Nordic public debates have tended to conflate legitimacy and majoritarian parliamentarianism. Parliament is seen as the site of legitimacy, as the privileged arena for the expression of the general will. There are no Constitutional Courts, and the constitutions and constitutional conventions leave great scope to parliamentary discretion. Thus it is for the Parliaments themselves to decide whether legislation is within the bounds of the constitution. For Norway this is a marked shift from earlier constitutional practice, which was the first in Europe to acknowledge judicial review. In Sweden and Finland the judiciary may still only intervene against legislation that �obviously� violates the constitution. Questions of principle are left to politicians, who seldom choose to tackle fundamental matters of political philosophy.


I venture that both Scandinavian Legal Realism and the widespread respect for parliamentary sovereignty have contributed to the relative dearth of  �public fora of principle� [10] , fora elsewhere provided by Supreme or Constitutional Courts. These features have also fostered relatively little interest in normative political theory among philosophers and legal scholars; the discipline has tended to remain the preserve of theologians and political scientists.

1b  Social Democratic Welfare States

By many standards the Nordic countries form a cluster concerning egalitarianism and modes of public welfare provision. Norway, Sweden, Finland and Denmark are among the 5 countries with best scores in the UNDP Human Poverty Index, and they score low on standard poverty and inequality measures. [11]


The Nordic states tend to have both extensive public provision with egalitarian effects, and egalitarian income distributions. They are often said to exemplify one particular Nordic mode of welfare state regime, which the social scientists Walter Korpi and G�sta Esping-Andersen call social democratic. Korpi and Esping-Andersen�s tripartite taxonomy of welfare state regimes reflect how dependent individuals are on market participation for their standard of living. [12] The liberal regimes rely heavily on private, market schemes for pensions and sickness and unemployment support. The state typically provides means-tested support with low levels of universal transfers. These states include USA, Canada, Australia, Switzerland, and Japan. Conservative regimes grant a major role to the family and characteristically rely on corporatist arrangements for social policies. They include Austria, France, Germany, Italy and Belgium. In social democratic regimes the state plays a primary role. The policies have more egalitarian ends, and the arrangements tend to provide universal coverage with high standards. While the Nordic countries are largely social democratic in this sense, [13] the categories are contested [14] - indeed, some regard it as a mistake to speak of a Nordic model at all. [15]


Although there has been a long-standing commitment to ensure welfare rights, this commitment has not found much expression in de facto constitutional rights. [16] This reluctance may stem from the strong weight given to parliamentary sovereignty.


The causes of this mode of welfare state regime are disputed, but are often thought to be long traditions of social democratic party dominance, [17] and corporatist arrangements between state, capital and labor. This heritage may help explain two striking features: the relative robust nature of, and support for, welfare institutions even under economic downturns, and a low level of interest in normative political theory.


The Nordic welfare states have recently been subject to perceived crises, or at least changes. Some transfers have been adjusted downward, e.g. in Finland and Sweden, to reduce public expenses. Several countries have increased the use of markets for at least the production, if not the distribution, of services. Some have criticized such shifts as a renunciation of Nordic ideals. Still, some of the �Third way� policies aimed at full employment and high labour market participation have not been perceived as worrisome in Scandinavian countries, for at least two reasons. Active labour market policies to ensure full employment have been long-standing concerns of the social democratic parties in the region, and there has been broad agreement over the need to discourage abuse of generous unemployment benefits. [18] This reflects an ambition shared by Nordic social democrats, to provide public support whilst insisting on �reciprocity� in the sense that the able must contribute. Thus Ernst Wigforss (1881-1977), an influential Swedish economist and Minister of Finance, held that the citizens� will to work is the most important resource of a nation; Nordic politicians typically seek to avoid policies that give strong disincentives to work.


Scholars also note that public support for universal coverage at high levels is not waning. Bo Rothstein has suggested that this is partly due to the self-enforcing features of these arrangements. [19] The system generates its own support, thus satisfying Rawls�s stability requirement � a point Rothstein elaborates. The middle class is co-opted into supporting the taxes that also benefit themselves, and the universal solutions reduce the risks involved in trusting others to comply. To illustrate: In Sweden, many social services have been constructed on the basis of standardised solutions with regards to child care, schools, and old-age care. Citizens can hardly affect the content or allocation of these services. A benefit of this decidedly communitarian feature is that fears of defection and fraud are reduced, as compared to means-tested arrangements. [20] Universal coverage tends to reduce risks of defection, increasing trust in the state. This may be one explanation for the continued high support for universal programs in Sweden through the 1990s.


The second feature worth noting is the apparent lack of public concern for normative political theory, which co-exists with strong support for institutions seeking to remove inequality. [21] Indeed, the Nordic countries seems to contradict Rawls�s claim that

[w]e should recognize, though, that the difference principle is not often expressly endorsed; indeed, it may prove to have little support in our public political culture at the present time. [22]


This is evidently not true of Nordic countries. To illustrate: Ernst Wigforss defended differences in pay on grounds that they benefited the worst off [23] , and the Norwegian Labour politician Hallvard Bakke claims that Norwegians reject neoliberalism and large salary differences because they accept Rawls�s Difference Principle. [24] Wigforss was unusual in the Nordic context in that he also argued for this view. He held that the arguments for political equality also entail economic and social equality � similar to the basic argument of A Theory of Justice:

One who openly accepts a principle of democratic equality cannot later arbitrarily limit its application to only some spheres of life.

A more egalitarian distribution of power and influence within the economic realm increases freedom there, in the same way that universal and equal suffrage did in the political realm. [25]


Such arguments are unusual in the Nordic countries, not in their conclusions but rather for being made at all. In political debates in this region equality has largely been unquestioned as a social goal: 

The concept of justice has had little room in Nordic welfare research. ... In our tradition there has been a marked tendency to regard questions concerning how institutions should treat citizens, and concerning principles for allocation and the final distribution of goods, as political value choices researchers should avoid. Rather than trying to define the just society, more attention has been paid to various forms of inequality. [26]


A number of scholars concur that we should not expect Rawls to be invoked in the political debates in the Nordic countries, at least not by those in favor of egalitarian redistribution, because egalitarianism is so deeply ingrained that arguments for it appear superfluous. [27]

However, we should note that Rawls�s theory and the Nordic politicians tend to apply the norms of economic equalization to different subjects. In the Nordic countries, equality is not to be secured among the discounted life earnings of various socially specified segments, modulo the Difference Principle; rather, claims to economic equality tend to focus on annual pre-tax income. Such a short-term focus leads to discrepancies vis-�-vis Rawls on several counts, for instance by being insensitive to incentive-justified inequalities permitted by the Difference Principle, and to higher annual earnings for the highly educated with fewer years of paid employment.

1c Homogeneity

At first glance the populations of the Nordic countries are living in ideal-type unitary nation-states, with ethnically and culturally homogenous populations, largely belonging to Lutheran state churches. [28] This self-understanding has reduced the frequency and perceived salience of deep conflicts regarding political issues, rendering political philosophy less relevant. 


This impression of political and cultural homogeneity is not accurate for most of the Nordic countries, and has not been for a long time. The political order is not quite unitary. Greenland and the Faroe Islands are self-governing administrative divisions of Denmark. The Swedish-speaking minority in Finland, including inhabitants of �land island, enjoy extensive self rule, particularly regarding Swedish language and culture. The Saami populations in Finland, Norway and Sweden have suffered from governments� forced assimilatory policies, and have more recently claimed legal status as an indigenous people. In 1988 the Norwegian Saami were recognised in the Norwegian Constitution, and an � as yet largely advisory - Saami Parliament has been established. [29]

2 The Reception of Rawls

These legal, political and cultural features of the Nordic states would lead us to suspect that Rawls has had little impact in these states. It therefore comes as somewhat of a surprise that his work has received attention both in the academy and in public debates.


The academic reception of Rawls is cross-disciplinary, in the Nordic countries as elsewhere. His work has been translated or extensively summarised in all these countries [30] , and is taught at university departments of philosophy, political science and economics, as well as in faculties of law, and in Business Schools. His work has also led to several dissertations, and to some debate in Nordic-language journals. The Swedish Labour Union undertook a major initiative in the early 1990s on Justice (LO:s r�ttviseutredning). They initiated local debates on the basis of a series of books entitled �Dialogues about Justice� (Samtal om r�ttvisa), one of which presented Rawls and other theorists. [31]


Literature and web searches indicate that Rawls�s work has also received some attention in public discussions in the Nordic countries. Some examples show the breadth of impact. [32]   The Norwegian historian Hans Fredrik Dahl has argued that Rawls�s work has bolstered the case for the right to freedom of speech. [33]   The principles of Justice as Fairness, including the difference principle, have been referred to in Greenland, where the difference principle was used to criticise what is regarded as excessive pay to politicians. [34]


A surprising finding is that Rawls has been appealed to against economic egalitarianism. One academic and political debate has concerned whether salaries have become more equal than what the Difference Principle warrants. Thus Rawls�s arguments have been used in support of counter-egalitarian conclusions � a somewhat unusual role for this theory. [35]


Regarding Rawls�s contractualism and Veil of ignorance-arguments, one common criticism of Rawls concerns the alleged atomism expressed in Original-position arguments. Thus Svensk linje, the magazine of the Swedish conservative free moderate student association, has included discussions of Rawls and his communitarian critics. The prevalence of this sort of criticism may partly be due to a tendency to conflate Rawls�s theory and the rights-focused, adversarial modes of conflict resolution prevalent in the US. Moreover, the communitarian critics of Rawls were available to the Swedish public well before A Theory of Justice was translated.


In Denmark, member of the Radical Left Party have used Veil of ignorance-arguments to defend the right to protest with face covered. The Danish Council on Ethics, a government-appointed body that provides advice to Parliament and raises public debates, has used the Principle of Fair Play to defend an obligation to donate organs. [36]   The role of merit in Rawls�s work has been discussed both by J�n �. Kalmansson on Iceland, and by the Danish Left. In Sweden the appropriateness of the Veil of Ignorance and Maximin under uncertainty were discussed in Skatter och V�lf�rd.


Rawls�s contribution to metaethics in the form of Reflective Equilibrium has also been noted. He received the Rolf Schock Prize from the Royal Swedish Academy of Sciences in 1999. The citation notes that Rawls receives the prize not least for the methodological contribution concerning the justification of normative claims, against the value nihilism of H�gerstr�m. [37]

Several scholars have explored Rawls�s contributions regarding overlapping consensus and pluralism, The theologians Svend Andersen at �rhus University in Denmark, and Kai Ingolf Johannesen in Oslo, Norway, have worked on Rawls and Political Liberalism. In Sweden Hans Ingvar Roth has brought Rawls and others to bear on the challenges of multiculturalism. [38]


Turning to the relevance of Rawls�s work to substantive policy areas, his contributions have been applied to such issues as sustainable development [39] , immigration [40] , basic income [41] , civil disobedience [42] , animal ethics [43] and international justice. [44] A pervasive �Nordic� slant to these discussions is difficult to identify, but it might be worth noting that  the leader of the (Agrarian) Center Party Youth in Norway, Cathrine S. Amundsen, used the veil of ignorance to urge responsible use of oil wealth. Oil is a commodity Norway owns due to international agreements concerning ownership of the sea-bed, and many recognise that such regimes could easily have been otherwise.

3 Predictions

I venture that the work of Rawls � and other philosophical contributions inspired by him � will receive more attention in the near future. The legal, political and cultural features of the Nordic countries surveyed in section 1 led us to suspect that academic endorsement of moral non-cognitivism, combined with a weak judiciary, a strong and somewhat anti-intellectual labour movement and the reasonably affluent circumstances of several Nordic states would contribute to the modest need and expressed desire for political philosophy of the kind offered by Rawls. It thus came as somewhat of a surprise to find that Rawls was cited across a broad range of debates. 


If the history of political philosophy permits extrapolation, we should expect more interest in Rawls and such contributions in the Nordic countries with increased demands for rejuvenation and restructuring of the political order.


Hilary Putnam notes that Rawls�s A Theory of Justice

coincided with enormously important debates in American public life about the rightness or wrongness of the welfare state and over the requirements of social justice � ethics became extremely important, and once again large numbers of graduate students began to specialize in it. [45]


Political philosophy is typically called for in times of crises or fundamental social change. I therefore submit that we should expect Rawls�s work to receive increasingly more attention in the Nordic countries. The features characteristic of the Nordic countries are changing, largely due to the multifaceted processes of Europeanisation. [46]


The legal and constitutional culture is evolving, for at least three reasons. First, the role of parliament is being rethought. Both Sweden and Norway are reconsidering the role of the courts generally. International human rights courts � especially the European Court on Human Rights, and increasingly the European Court of Justice -- pose fundamental challenges to the received conception of parliament as the site of legitimacy. [47] Iceland included human rights in the constitution in 1994-95, and the new Finnish constitution includes a broad range of economic and social rights. Second, recent developments in the European Union (for Finland, Denmark and Sweden) and the European Economic Area (for Iceland and Norway) pose fundamental questions regarding sovereignty, due to the transfer and pooling of competences within the European Union. Third, the legal and constitutional ties to the Continent, combined with much scholarly exchange with the US, confront the Scandinavian Legal Realist tradition with other conceptions of constitutional democracy, including the widespread existence of Constitutional Courts. Such conceptions become harder to ignore. [48]


The welfare regimes are also faced with new challenges. Increased awareness of ethnic and cultural heterogeneity within state borders has led to conflicts and political debates over multiculturalism. Labour migration within the European Union, combined with immigrants and asylum seekers from non-Western states, highlight changes in the ethnic and cultural composition of the Nordic countries - particularly in urban areas. The ensuing policy challenges have wrought political conflicts and crises in several Nordic countries. I venture that there are at least two changes to the perceived homogeneity that will increase the demand for political philosophy.


First, the claims to limited self-rule by indigenous populations, together with the growing �visibility� of ethnic minorities and changes in the European political order, lead to increased public reflection concerning what it should mean to be a Dane, a Swede, and so forth. Answers are needed, both to determine the required shared bases for sustaining a decent society among individuals with differing values and traditions; and to determine whether some Nordic political arrangements are unfair to cultural and religious minorities.


Second, at the same time, many scholars note a shift from collectivism to individualism. There appears to be a shift from loyalty to established organisations and common solutions for common problems, to increased demands for personal autonomy over life projects. [49] This individualism should not be confused with egoism: the general support for resource transfers remains quite high. But standard solutions fit a smaller and smaller proportion of the population.


These two features force increased attention to questions central to political philosophy. Three issues concerning the welfare regimes can be mentioned briefly.


First, public discussions in the Nordic countries often center on whether multiculturalism threatens support for welfare regimes. The experiences of the Netherlands and Belgium show that states can maintain high levels of universal welfare systems without homogeneity. [50] However, the requisite bases of trust and the appropriate means for fostering such social capital are not yet sufficiently addressed. Moreover, homogeneity makes for simpler social policies, in that the same problems can be resolved by the same measures applied to all. Second, the increased variety of life plans requires renewed reflection on the best way to operationalise the state�s commitment to equality whilst respecting diversity. Social reporting in the Nordic countries largely focuses on individuals� objective levels of resources -- the things a person should have, which should be secured as equally as possible -, rather than for instance on individuals� subjective sense of well-being. The focus is on resources necessary to affect the capacity to satisfy one�s basic needs, and which are under social influence. [51]


Regarding the determination of what shall count as basic capabilities, Bo Rothstein notes that �Just what these capabilities should be, and exactly what amount should be deemed sufficient, naturally cannot be answered by political philosophy, but must rather be decided in the political process.� [52] I would deny that one must chose between philosophy and politics: these political discussions must take place informed by philosophical contributions. Rawls�s reasons on Social Primary Goods contribute to these deliberations.


The third area where political philosophy becomes more salient concerns responses to increased individualism. One political response has been to allow increased differentiation in services in Sweden, since citizens dislike standardised solutions that do not fit their needs. The new modes of service delivery pose new challenges: to what extent can citizens be allowed a choice of producers of services, for instance with voucher systems, without threatening equality? Compared to Sweden, Denmark has allowed vouchers in certain areas such as schooling, allowing less uniformity. Important questions appear, on which political philosophy sheds some light, concerning how to combine individual choice with equality, and how to ensure fair provision and the use of markets in service delivery, without letting ability to pay affect the distribution of goods.


The egalitarian political commitments in the Nordic countries match the Difference Principle in some ways, and some political parties may recognise that Justice as Fairness provides a much needed (albeit contested) normative defence of such views. The need for such philosophising becomes more obvious when faced with new forms of governance in the European Union, and with a waning self-perception in the Nordic countries of cultural and ethnic homogeneity.


Reflecting on US political science, Rogers M. Smith holds that in the US, Rawlsian liberal theorists have failed to move beyond the abstract, ideal level, and have not played the role of �public philosophers�. [53] Such criticisms do not seem to hold for the Nordic countries. There are academics and public intellectuals, philosophers, legal scholars and social scientists, in Denmark, Finland, Iceland, Norway and Sweden, well acquainted with Rawls�s work. Not only do they publish in international journals, but they also contribute to their domestic political debates, enabling the Nordic publics to bring Rawls�s work to bear on some of the fundamental challenges facing these societies. They explore the institutional and policy implications of Rawls�s work constructively yet critically. In the small Nordic countries, academics are easily granted too much influence and uncritical support, - recall Axel H�gerstr�m and his follower Vilhelm Lundstedt at Uppsala University.


The main challenge for political theorists in the Nordic countries may well be to maintain their engagement in the political world while becoming neither gods nor prophets.


Appendix 1: Rawls in Nordic Languages

Rawls has been translated or presented in some but not all Nordic languages. The following is not exhaustive.

In Denmark, a brief excerpt of A Theory of Justice was translated in 1984. [55] Rawls and his critics were presented in a 1997 book addressing the �equality of what� debate, by three philosophers at the University of Copenhagen. [56]

In Finland, Jorma Sipil� discussed Rawls�s 1958 �Justice as Fairness� article as early as 1968 [57] . A Theory of Justice was translated into Finnish by Terho Pursiainen in 1988. [58]

Thorsteinn Gylfason, professor of philosophy at the University of Iceland, introduced Rawls in writing and in a series of radio lectures in 1984. [59]

In Norway, the first translation of Rawls�s work appeared in 1970 when the philosopher Kai Dramer translated Rawls�s 1955 article �Two Concepts of Rules�. [60] In 1976, Professor of Sociology, later Social Democratic politician Gudmund Hernes presented Rawls in an introductory textbook in sociology. [61] Presentations of Justice as Fairness by Andreas Follesdal appeared in 1993. [62] A translation of  Rawls�s 2001 Justice as Fairness is currently under preparation by Kai Swensen and Andreas Follesdal. [63]

In Sweden, Stefan Bj�rklund discussed Rawls and the game analogy in 1977, Evert Vedung presented parts of Rawls�s principles the same year. An excerpt of Rawls�s appeared in 1983. [64]   Further excerpts of A Theory of Justice were published in 1989, in a book that has been on the curriculum at several universities. [65] Rawls was also presented by Sven Ove Hansson and Svante Nordin in the 1990s. [66] A Theory of Justice was translated in 1999 by Annika Persson, who went on to translate Law of Peoples in 2001. [67]


Appendix 2: Reception

Rawls�s work has been presented and discussed both in academic settings and in political discussions in all Nordic countries. [68]

In Denmark, Rawls has been discussed in the economics journal National�konomisk tidsskrift, and the journal Politica has addressed Rawls and contemporary political theory in two recent special issues. [69] The legal scholar Henrik Palmer Olsen and the political scientists S�ren Flinch Midtgaard and Per Mouritsen have discussed Rawls�s work in monographs. [70]

In Finland, Rawls has been treated in dissertations by philosophers Juha R�ikk� and Sirkku Hellsten, and by the theologian Terho Pursiainen. [71]

In Iceland, philosophers and political scientists discussed Rawls�s ideas extensively in the 1990s. Kristj�n Kristj�nsson at the University of Akureyri addressed objections concerning utilitiarianism and Veil of ignorance arguments, �g�st Hj�rtur Ingth�rsson discussed the Rawls of Political Liberalism, and Hannes H�lmsteinn Gissurarson has argued against Rawls. [72] The philosophy journal Hugur has several contributions concerning Rawls, including articles by Halld�r Gudj�nsson, and a criticism by Sigr�dur Thorgeirsd�ttir concerning Rawls�s views on the family, �rnason defending Rawls. [73] There was also a discussion in 1997-8 about whether the Rawls of Political Liberalism is postmodern � in the sense that these values only hold within Western societies - between Kristj�n Kristj�nsson and Thorsteinn Gylfason in Morgunbladid and T�marit M�ls og menningar. Vilhj�lmur �rnason, R�bert H. Haraldsson, and J�n �. Kalmansson have discussed Rawls in relation to the role of ethics.

In Norway, John Rawls was elected to the Norwegian Academy of Science and Letters in 1992. The earliest references to Rawls in Norwegian journals appear to be in Tidsskrift for samfunnsforskning in the early 1980s [74] In 1994 Stein Ugelvik Larsen edited a special issue of Norsk statsvitenskapelig tidsskrift (Norwegian Journal of Political Science) on Rawls. Several doctoral dissertations have addressed Rawls-related issues, in philosophy, political science and theology. [75] Economists work on topics related to Rawls, addressing issues ranging from the microeconomic  - maximin and indices for interpersonal comparisons � to gender bias in A Theory of Justice. [76]

In Sweden, discussions about Rawls�s work started in the late 1970. [77] Several Ph.D.s address Rawls-related issues, including reflective equilibrium, international justice, Priorities in health care, and liberalism vs. virtue ethics. [78] Several political scientists write extensively on Rawls, including J�rgen Hermansson, Leif Lewin, Bo Lindensj�, Bo Rothstein; as do the historian of ideas Svante Nordin and the philosopher Torbj�rn T�nnsj�. Aleksander Peczenik and Joakim Nergelius discuss legal and constitutional perspectives. [79]

Rawls has also been appealed to in public discussions, for a variety of causes. A marked feature of the Nordic countries is that quite a few academics also participate in public debates. In Denmark, the Radical Left Party Minister of Education, Margrethe Vestager, a political scientist, has argued that welfare is best measured by checking how the worst off fare � also within the school system � arguing against utilitarian calculations. [80] The leader of the Danish liberalistic Left party, Anders Fogh Rasmussen, has discussed and criticised Rawls. [81] An official in the Danish administration, Thomas Gregersen, has written about Rawls in the Danish political science journal Politica. Rawls�s veil of ignorance argument was used by the Radical Left party in Parliament to push for better legislation for the handicapped. [82] The prominent newspaper Berlingske Tidende has published several articles discussing Rawls�s worok.

In Finland, Prime Minister Lipponen referred to Rawls�s Difference Principle on TV. Rawls�s books are reviewed in the main Finnish newspaper Helsingin Sanomat, and his work is mentioned in party programs, both on the left and on the right. Terho Pursiainen at University of Turku, are among those who seek to apply Rawls�s ideas to such issues as fair wages.

In Iceland, Vilhj�lmur �rnason has argued for universal health care by means of a Veil of Ignorance argument, Kristj�n Kristj�nsson arguing against him. [83] J�n Steinsson recommended Rawlsian foundations for left politics 1998 in Iceland�s largest newspaper Morgunbladid.

In 2000, the then Norwegian Labour Party Prime Minister Jens Stoltenberg, referred to Rawls�s principles in denouncing neoliberal threats to the welfare state. [84] Likewise, the prominent Labour politician Hallvard Bakke claims that Rawls�s two principles are strong in Norwegian public opinion, which is why Norwegians reject neoliberalism and large salary differences. [85]

Rawls is mentioned or used in several Norwegian government reports, starting with one on civil disobedience in 1979, just quality of life, considerations of efficiency in public sector, and public transfers to families with children. [86] Statoil, a major oil company, has included an article on Rawls in their newsletter. Gunnar Magnus, a political journalist with the main Norwegian newspaper Aftenposten, took his Ph.D. at Stanford in 1977 on Rawls and Political Obligation. Andreas Follesdal draws on Rawls in addressing policy issues ranging from selection of quality of life indicators to obligatory religious instruction in the public schools. [87]

In Sweden, Rawls�s ideas have contributed to debates ranging from nuclear power to the ethical treatment of animals. His work is discussed in several Government reports, and in a Swedish democracy study report concerning how to regard animal rights protesters and those who hide refugees. [88] Rawls�s work has been discussed in several journals, including Ord & Bild, Swedens oldest cultural journal has addressed communitarian criticisms; [89] Svensk linje, the magazine of the (conservative) free moderate student association under the editor Fredrik Erixon; and Skatter och V�lf�rd (Taxes and Welfare), which has discussed the appropriateness of veil of ignorance and maximin under uncertainty. The liberal party Folkpartiet liberalerna refers to Rawls, Dworkin and others on their web site. [90]




[1] cf. Olli, Kangas (1998) �R�ttvis f�rdelning och socialpolitiska modeller -  Rawls i internationell j�mf�relse (Fair Distribution and Socio-political Models)�,  Tidskrift f�r politisk filosofi ,  1: 5-24 .

[2] The information draws on four main sorts of sources: personal requests for information; searches in the Social Sciences Citation Index SSCI and the Arts and Humanities Citation Index A&HCI; and Internet searches.

[3] Schmidt, Folke (1978) �The Uppsala School of Legal Thinking�,  Scandinavian Studies in Law  22 , cited in Alexander, Gregory S. (2002) �Property in the Two Legal Realisms�,  American Journal of Comparative Law  50 .

[4] H�gerstr�m, Axel (1953) Inquirires into the Nature of Law and Morals. Karl Olivekrona, ed., and C.D. Broad transl. Uppsala: Almquist and Wiksell ; Rawls, John (1955) �Review of Axel H�gerstrom Inquiries into the Nature of Law and Morals�,  Mind  64: 421-422 .

[5] Finland was not influenced much, instead following German traditions.

[6] cf. Hart, H. L. A. (1959) �Scandinavian Realism�,  Cambridge Law Journal ; Lane, Jan-Erik and Hans Stenlund  (1989) Politisk teori (Political Theory). Lund: Studentlitterature .

[7] Olivecrona, Karl (1971) Law as Fact. London: Stevens ; Ross, Alf (1946) Toward a Realistic Jurisprudence. Annie Fausb�ll, transl. Copenhagen: Munksgaard ; Ross, Alf (1959) On Law and Justice. Berkeley: University of California Press .

[8] Ross, Alf (1959) fn. 8, ix-x.

[9] This paragraph draws on Smith, Eivind (1993) H�yesterett og folkestyret (The Supreme Court and Rule by the People). Oslo: Universitetsforlaget ; and Smith, Eivind (2002) �Fra Eidsvold til Westminster? Om synet p� grunnloven som politisk redskap  (From Eidsvold to Westminster? Views regarding the Constitution as a Political Instrument)�, in Trond Berg Eriksen, Eirik Newth, Stein Ringen, and Eivind Smith Fakler om vitenskap og samfunn: Til den Polytekniske Forenings 150-�rsjubileum, pp. 146-207. Oslo: Gyldendal .

[10] Dworkin, Ronald (1985) A Matter of Principle. Cambridge, Mass.: Harvard University Press ; cf. Rawls, John (2001) Justice As Fairness: A Restatement. Erin Kelly, ed. Cambridge, Mass.: Harvard University Press , at 147.

[11] - such as % of the population with less than 50% of median income; and on the share of income received by the richest versus the poorest 20% of the populations. Cf. UNDP - United Nations Development Programme (2000) Human Development Yearbook. New York: United Nations Development Programme , Table 5. Data on Iceland are not provided, nor are they easily found in the Luxembourg income and poverty studies.

[12] Esping-Andersen, G�sta and Walter Korpi (1987) �From Poor Relief to Institutional Welfare States: The Development of Scandinavian Social Policy�, Erikson, Robert The Scandinavian Model: Welfare States and Welfare Research, pp. 39-74. Armonk, NY: M.E. Sharpe ; Esping-Andersen, G�sta (1990) The Three Worlds of Welfare Capitalism. Cambridge: Polity Press; their taxonomy is reminiscent of Titmuss, Richard M. (1974) Social Policy. London: Allen and Unwin.

[13] though Finland and Iceland do not fit neatly into this category, which also includes the Netherlands.

[14] ignoring gender (Lewis, Jane (1993) Women and Social Policies in Europe. Aldershot: Edward Elgar), and cf. Goodin, Robert E., Bruce Headey, Ruud Muffels, and Henk-Jan Dirven (1999) The Real Worlds of Welfare Capitalism. Cambridge: Cambridge University Press.

[15] Mj�set, Lars (1992) �The Nordic Model never Existed, but does it have a Future?�,  Scandinavian Studies  64: 652-671.

[16] The right to work in the Norwegian Constitution (art. 110)  notwithstanding. Generally, cf. Arnason, Agust (2001) �Constitutionalism: Popular Legitimacy of the State?�, in Martin Scheinin, ed. The Welfare State and Constitutionalism in the Nordic Countries, pp. 29-78. Copenhagen: Nordic Council of Ministers, at 73.

[17] though the Netherlands, Finland and Iceland do not fit this pattern. See Mj�set fn 16 for presentation and critique of attempts at identifying a Nordic model.

[18] Mj�set fn 16; Green-Pedersen, Christoffer, Kees van Kersbergen, and Anton Hemerijck (2001) �Neo-Liberalism, the 'Third Way' or What? Recent Social Democratic Welfare Policies in Denmark and the Netherlands�,  Journal of European Public Policy  8,  2: 307-325{C}.

[19] Rothstein, Bo (1998) Just Institutions Matter: The Moral and Political Logic of the Universal Welfare State. Cambridge: Cambridge University Press.

[20] Rothstein fn. 20, 47-48.

[21] cf. Erikson, Robert (1993) �Descriptions of Inequality: the Swedish Approach to Welfare Research�, in Martha Nussbaum and Amartya K. Sen, (eds) The Quality of Life, pp. 67-83. World Institute for Develoment Economics Research (WIDER) of the United Nations University. Oxford: Clarendon Press, at 82; Kuhnle, Stein (1994) �Velferdsstatens politiske grunnlag (The Political Foundations of the Welfare State)�, in Hatland, Aksel, Stein Kuhnle, and Tor Inge Rom�ren Den Norske Velferdsstaten, pp. 29-46. Oslo: Gyldendal/Ad Notam, at 30.

[22] Rawls fn. 11, 132-33.

[23] Mats Lundstr�m, personal communication.

[24] Bakke, Hallvard (2000) Dagsavisen, May 8.

[25] quoted in SAMAK - Joint Committee of the Nordic Socal Democratic Labour Movement (2001) Folkstyret Inf�r Framtiden: Demokrati i Norden p� 2000-talet (Rule by the People in the Future: Democracy in the Nordic Countries in the 2000s). Stockholm: SAMAK .

[26] NOU 1993:17:46-47, my translation.

[27] Jan Erik Lane, Per Mouritsen and Joakim Nergelius, personal communications.

[28] On the political role of the church in the Nordic countries, cf. S�rensen, Aage B. (1998) �On kings, Pietism and Rent Seeking in Scandinavian Welfare States�,  Acta Sociologica  41,  4: 363-375 .

[29] cf. Follesdal, Andreas (ed) (2002) �Saami Claims to Land and Water �, Special Issue, International Journal on Minority and Group Rights .

[30] See Appendix 1 for details.

[31] Hansson, Sven Ove (1993) Vad �r r�ttvisa? (What Is Justice?) . Samtal om r�ttvisa (Dialogues about Justice). Stockholm: The Swedish Labour Union .

[32] For more examples, see Appendix 2.

[34] Gr�nlandsposten 5. oktober 2000 -     



[38] Roth, Hans Ingvar (1999) �Dygder i det m�ngkulturella samh�llet (Virtues in the Multicultural Society)�, Aspers, Patrick and Emil Uddhammar, (eds) Framtidens dygder - om etik i praktiken. Stockholm: City University Press ; Roth, Hans Ingvar (1998) Den m�ngkulturella parken: om v�rdegemenskap i skola og samh�lle (The Multicultural Park: on Common Values in Schools and in Society). Stockholm: Skolverkets monografserie Liber f�rlag .

[39] Dubgaard, A., P. Sandoe, C. Gamborg, and A. Larsen. (1999) �B�redygdighed - �konomi, etik og energi (Sustainability - Economics, Ethics and Energy)�,  National�konomisk Tidsskrift  137,  3: 256-283 ; Dubgaard, Alex (1996) ��konomi, milj� og etik (Economics, Environment and Ethics)�,  �konomi & Politik,  2 ; Munthe, Christian (1997) Etiska aspekter p� jordbruk  (Ethical Aspects of Agriculture) . Report 14. J�nk�ping: Jordbruksverket ; Langhelle, Oluf (1999) Fra ideer til politikk: b�rekraftig utvikling - svada eller rettesnor for samfunnsutviklingen? (From Ideas to Politics) Ph.D. Thesis. Oslo: Universitetet i Oslo ; Langhelle, Oluf (2000) �Sustainable Development and Social Justice: Expanding the Rawlsian Framework of Global Justice�,  Environmental values  9,  3: 295-323 ; F�llesdal, Andreas (1995) �B�rekraftig utvikling og internasjonal rettferdighet (Sustainable Development and International Justice)�, Langhelle, Oluf and Lafferty, William B�rekraftig utvikling -- Om utviklingens m�l og b�rekraftens betingelser, 77-92. 15 . Oslo: Ad Notam Gyldendal.

[40] J�rgen Poulsen at the Department of Political Science at �rhus University, Denmark; and J�rgen �dalen, Uppsala University.

[41] Erik Christensen, Denmark.

[42] The Norwegian Official report on civil disobedience (NOU 1979: 51); in Sweden, Herngreen, Per (1990) Handbok i civil olydnad (Handbook on Civil Disobedience). Stockholm: Bonniers ; and Hebert, Niels and Kerstin Jacobsson (1999) Olydiga medborgare? Om flyktningg�mmare och djurr�ttsaktivister (Disobedient Compatriots? About Hiders of  Refugees, and Animal Activists)., Vol. 27 Stockholm: Demokratiutredningen .

[43] Lars Vikinge, and Tom Regan�s discussion translated in G�lmark, Lisa (ed) (1997) Djur och M�nniskor (Animals and Humans).Nya Doxa . 

[44] Contributors include R�ikk�, Juha (1992) An Essay on International Justice. Academic dissertation., Vol. 6. Reports from the Department of Practical Philosophy, Turku, Finland: University of Turku ; Hannes H�lmsteinn Gissurarson, University of Iceland; and the Norwegian Cathrine S. Amundsen (

[45] Putnam, Hilary (1997) �A Half Century of Philosophy�, Bender, Thomas and Carl E. Schorske, (eds) American Academic Culture in Transformation, 193-226. Princeton: Princeton University Press, 207.

[46] see also Mj�set fn. 16.

[47] cf. Smith fn. 10, 284-85; Arnason fn. 17.

[48] Smith fn. 10, 33; Arnason fn. 17, 73.

[49] Rothstein fn 20.

[50] Rothstein fn. 20, 104.

[51] Erikson fn. 24, 74-75.

[52] Rothstein fn. 20, 218.

[53] Smith, Rogers M. (1997) �Still Blowing in the Wind: The American Quest for a Democratic, Scientific Political Science�, Bender, Thomas and Carl E. Schorske, (eds) American Academic Culture in Transformation, 271-305. Princeton: Princeton University Press, 280.

[55] Blegvad, Mogens (1984) Samfundst�nkning i 100 �r (100 Years of Social Thought). K�benhavn: Dansk Radio.

[56] Holtug, Nils, Klemens Kappel, and Kasper Lippert-Rasmussen (1997) Det retf�rdige samfund: Om lighed som ideal i etik og politik (The Just Society: Equality As Ideal in Ethics and Politics. Copenhagen: Nyt Nordisk Forlag.

[57] Rawls, John (1999) [1958] �Justice as Fairness�, Rawls, John Collected Papers First published in The Philosophical Review 1958 (67): 164-194, pp. 47-72. Cambridge Mass: Harvard University Press. Sipil�s thesis was only published within the department, but a briefer discussion appeared as Sipil�, Jorma (1970) Sosiaalipolitiikka. Helsinki.

[58] Pursiainen, Terho (transl) (1988) Oikeudenmukaisuusteoria. Porvoo: WSOY.

[59] Gyflason, Thorsteinn (1984) �Hvad er r�ttlaeti? (What is Justice?)�,  Sk�rnir   158: 159-222.

[60] Rawls, John (1999) [1955] �Two Concepts of Rules�, Rawls, John Collected Papers Reprint from Philosophical Review 64:3-32.  pp. 20-46. Cambridge Mass: Harvard University Press; Dramer, Kai, transl. (1970) �To typer regler�, in Eivind Storheim (ed) Bentham, Mill, Rawls: Moral og nytte. Filosofiske tekster om Utilitarismen. Oslo: Gyldendal.

[61] Hernes, Gudmund (1976) �Ulikhet, effektivitet og rettferdighet (Inequality, Efficiency and Justice)�, Else �yen (ed) Sosiologi og ulikhet: En innf�ringsbok, pp. 144-158. Oslo: Universitetsforlaget.

[62] F�llesdal, Andreas (1993) �John Rawls�, Trond Berg Eriksen (ed) Vestens Tenkere Bind 3, pp. 439-451. Oslo: Aschehoug.

[63] Rawls fn. 11; Swensen, Kai (transl) and Andreas Follesdal (ed) (2002) John Rawls: Rettferdighet som rimelighet (Justice As Fairness). Oslo: Pax.

[64] Bj�rklund, Stefan (1977) Den uppenbara l�sningen  (The Obvious Solution). Stockholm: Bonniers ; Vedung, Evert (1977) Det rationella politiska samtalet (The Rational Political Conversation). Stockholm: Aldus ; Wogau, Marc (1983) Filosofin genom tiderna (Philosophy Through the Ages). Stockholm: Thales.

[65] Hansson, Sven Ove and J�rgen Hermansson (eds) (1993) Id�er om r�ttvisa  - texter av John Rawls, Amartya Sen, Michael Walser (Ideas about Justice - Texts by John Rawls, Amartya Sen, Michael Walzer). Stockholm: Tiden.

[66] Hansson fn. 32; Nordin, Svante (1996) Det pessimistiska f�rnuftet (Pessimistic Reason). Stockholm; Nordin, Svante (1999) Det politisk t�nkandets historie (The History of Political Thought). Lund: Studentliteratur.

[67] Persson, Annika (transl) (1999) John Rawls: En teori om r�ttvisa. Stockholm: Daidalos; Persson, Annika (transl) (2001) John Rawls: Folkens r�tt; och �ter till id�n om offentligt f�rnuft. Gothenburg: Daidalos.

[68] This brief account of Rawls�s academic reception draws on searches in the Social Sciences Citation Index SSCI and Arts and Humanities Citation Index A&HCI, for contributions in Danish, Finnish, Icelandic, Norwegian, Swedish, that refer to Rawls 1971, 1973, 1993 and 1998. Less than 20 articles showed up, and hardly any of them had been cited in turn. The presentation also reflects a thorough search of Icelandic sources done by Vilhj�lmur �rnason and Dagfinnur Sveinbj�rnsson: the journals Hugur and Sk�rnir since 1972; �Greinir� (index of scholarly articles published in Icelandic); publications of the Centre for Ethics and the Philosophy Institute, and Icelandic web sites for �Rawls�.

The small set of findings reflects an incomplete inclusion of journals in these indices, e.g. excluding the discussions of Rawls in the Swedish Ekonomisk debatt. Also, Nordic-based English-language journals such as Inquiry, Theoria, Theory and Decision, etc. are not included. In addition, several Nordic authors contribute in English-language journals and books on these topics.

[69] 1996 (2) and 2000 (4).

[70] Olsen, Henrik Palmer (1997) Rationalitet, ret og moral (Rationality, Law and Morality). Copenhagen: ; Midtgaard, S�ren Flinch (2001) Equality and  Stability. (Ph.D.). �rhus: �rhus University; Mouritsen, Per (2001) The Fragility of Liberty: A Reconstruction of Republican Citizenship. Ph.D. dissertation Fiesole: European University Institute.

[71] R�ikk�, Juha fn. 45, Hellsten, Sirkku (1997) In Defense of Moral Individualism. Ph.D. Helsinki: Acta Philosophical Fennica), Pursiainen, Terho (1997) Is�nmaallisuus. Keskin�inen Osakkuus Ja Kepeyden Filosofia (Love of One's Country. Mutual Shareholding and the Philosophy of Lightness). Dr. Tri. Helsinki: Gaudeamus.

[72] Kristj�nsson, Kristj�n (1997) Af tvennu illu. Ritgerdir um heimspeki. Reykjavik: Heimskringla ; Ingth�rsson, �g�st Hj�rtur (1994) �P�lit�sk frj�lslyndisstefna Rawls�, Tilraunir Handa Thorsteini, 36-53. Reykjavik: H�sk�li �slands ; Gissurarson, Hannes H�lmsteinn (1990-1992) �Um r�ttlaetiskenningu Johns Rawls�,  �slensk f�lagsrit  2-4: 119-126 .

[73] �rnason, Vilhj�lmur (1997) �R�ttlaeti og heimilisranglaeti � lj�si samraedusidfraedinnar� (Justice and Domestic Injustice in the Light of Discourse Ethics)�, Fj�lskyldan og r�ttlaetid. Reykjavik: H�sk�li �slands .

[74] Mastekaasa, A. (1983) �Om inntektsulikhet og sosial velferd (On Income Inequality and Social-Welfare)�,  Tidsskrift for Samfunnsforskning  24,  2: 175-185 .

[75] Johannesen, Kai Ingolf (1999) Christian Commitment and Reasonable Consensus in Pluralist Societies: John Rawls' Idea of an Overlapping Consensus in the Perspective of Theological Social Ethics As Conceived of by Martin Honecker. Dr. Theol. Dissertation Oslo: University of Oslo .

[76] Bojer, Hilde (1995) �Barn og fordelingsrettferdighet (Children and Distributive Justice)�,  Tidsskrift for Samfunnsforskning  36,  1: 93-104 ; Bojer, Hilde (2001) �Kvinner i John Rawls� samfunnskontrakt (Women in John Rawls's Social Contract)�,  Tidsskrift for samfunnsforskning ; Bojer, Hilde (1995) �Hva Rawls egentlig mente (What Rawls really thought)�,  Sosial�konomen,  11 ; Sandmo, Agnar (1994) �Velferdsstaten - resultater, problemer, reformer (The Welfare State - Results, Problems, Reforms)�,  Det norske vitenskaps-akademi �rbok 1994: 89-102 ; Sandmo, Agnar (1996) �Hur l�ngt b�r vi g� i utj�mningen av inkomster?  (How Far should we go Regarding Equalisation of Income?)�,  Ekonomisk debatt  24,  8: 619-630 ; Tungodden, Bertil (1999) �The Distribution Problem and Rawlsian Reasoning�,  Social Choice and Welfare  16: 599-614 .

[77] Hemberg, J. (1977) �Ethics in Sweden - discussion of 70s�,  Zeitschrift f�r Evangelisches Ethik  21,  4: 241-256 ; Pravitz, Dag (1977) �Meanings and Proofs - Conflict between Classical and Intuitionistic Logic�,  Theoria  43: 2-40 ; G�rdenfors, Peter (1978) �Fairness without Interpersonal Comparisons�,  Theoria  44: 57-74 .

[78] Tersman, Folke (1993) Reflective Equilibrium: An Essay in Moral Epistemology. Stockholm studies in Philosophy 14 Stockholm: Almqvist & Wiksell ; Lundstrom, Mats (1993) Politikens moraliska rum: En studie i F. A. Hayeks politiska filosofi (The Moral Space of Politics: A Study of the Political Philosophy of F. A. Hayek). Acta Universitatis Upsaliensis, 116 Stockholm: Almqvist & Wiksell ; �berg, Nils (1994) Gr�nsl�s r�ttvisa eller r�ttvisa inom gr�nser. (Limitless Justice or Justice Within Limits). Ph.D. Uppsala: Uppsala University ; Reinikainen, Jouni (1999) Right Against Right - Membership and Justice in Post-Soviet Estonia.  Ph.D. Dissertation Stockholm: Stockholm University ; Axberg, Mikael (1997) R�ttvisa och demokrati. Om prioriteringar i sjukv�rden. (Justice and Democracy. On Priorities in Health Care). Stockholm: Almqvist & Wiksell ; Beckman, Ludvig (2001) The Liberal State and the Politics of Virtue. New Brunswick: Transaction Press .

[79] Hansson and Hermansson fn. 65; Lewin, Leif (1990) Uppt�ckten av framtiden (Discovery of the Future) . Stockholm: Norstedts, (Lindensj�, Bo (1999) �Rawls' misstag (Rawls's mistake)�,  Skatter och v�lf�rd,  2Lindensj�, Bo (1988) �Rawlsian Justice and the Modern State� in D. Sainsbury (ed) Democracy, State and Justice. Stockholm: Almquist & Wiksell International); Nordin, Svante fn. 66; Rothstein, Bo (1994) Vad b�r staten g�ra. V�lf�rdsstatens politiska och moraliska logik. Stockholm: SNS-Forlag; in English as Rothstein fn 20; T�nnsj�, Torbj�rn (2000) Grundbok i normativ etik (Introduction to Normative Ethics). Stockholm: Thales; Peczenik, Aleksander (1995) Vad �r r�tt (What Is Right) . Stockholm: Fritzes F�rlag; Nergelius, Joakim (1996) Konstitutionellt r�ttighetsskydd: Svensk r�tt i et komparativt perspektiv (Constitutional Rights Protection: Swedish Law in Comparative Perspective). Doctoral dissertation in Law, Lund: University of Lund.

[80] �Conscience of Society�,


[82] Anders Samuelsen 28 October 1998, cf.

[83] �rnason, Vilhj�lmur (1993) Sidfraedi l�fs og dauda (The Ethics of Life and Death). Reykjavik: H�sk�li �slands; Kristj�nsson, Kristj�n fn. 72.


[85] Bakke fn 25.

[86] NOU 1979: 51 Om verneplikt (On Compulsory Military Service). Oslo: , NOU 1993P 17 Levek�r i Norge: Er graset gr�nt for alle? (Living Conditions in Norway: Is the Grass Green for All?). Oslo: Statens Forvaltningstjeneste, NOU 1996: 13 Offentlige overf�ringer til barnefamilier (Public Transfers to Families With Children). Oslo;  NOU 1997: 27 Nytte-kostnadsanalyser: Prinsipper for l�nnsomhetsvurderinger i offentlig sektor (Cost-Benefit Analyses: Principles for Assessing Profitability in Public Sector). Oslo.

[87] F�llesdal, Andreas (1999) �Hvorfor likhet, hva slags likhet? Normative f�ringer p� forskning om makt og demokrati (Why Equality - Equality of What? Normative Guidelines for Research on Power and Democracy)�,  Tidsskrift for samfunnsforskning  24,  2: 123-147; F�llesdal, Andreas (2002) �KRL-faget og H�yesterett: Vitneerkl�ring ved Human-etisk forbunds ankesak om KRL-faget i H�yesterett (The subject �Christianity and other Religions and Philosophies of Life� and the Supreme Court. Statement for the Humanists's appeal to the Supreme Court)�,  Mennesker og rettigheter: 70-79.

[88] including SOU 1999:137 On National Targets for Public Health; Hebert, Niels and Jacobsson, Kerstin fn. 43.