Lögsagnardæmi

Lögsagnardæmi is an Icelandic legal term that translates roughly to "case law" or "precedent." It refers to the body of legal decisions made by courts, particularly higher courts, that serve as a guide for future cases with similar facts and legal issues. In the Icelandic legal system, which is a civil law system, legislation passed by the Althing (the Icelandic parliament) is the primary source of law. However, court decisions play a significant role in interpreting and applying these laws.

When a court makes a ruling, it often provides reasoning that can influence how similar cases are decided in the future. While not strictly binding in the same way as in common law systems, these prior decisions, the lögsagnardæmi, carry considerable weight. Judges will typically look to previous judgments from the Supreme Court (Hæstiréttur) and other appellate courts when making their own decisions. This reliance on precedent ensures consistency and predictability in the application of the law.

The development of lögsagnardæmi is an ongoing process. As new legal challenges arise and existing laws are tested, court decisions contribute to the evolving understanding and application of Icelandic law. Lawyers and legal scholars study these precedents to advise clients and to understand the current state of legal interpretation. The concept emphasizes the practical application of legal principles as established through judicial practice.