Legal Modernisation and the Budding Legal Profession in Late-Nineteenth-Century Finland
While the structures of society were changing, so too was the legal sphere. As discussed earlier, the state of the law and the judiciary in Finland had by-and-large remained stagnant after the annexation to Russia in 1809.
The Finnish Diet was not convened between 1809 and 1863, and the few legal reforms that were made in Finland were accomplished through administrative procedures. However, changes were under way after the reform-minded Alexander II (r. 1855-1881) became tsar. Alexander inherited the throne amidst the Crimean War (1853-1856), but the war was only one of the problems the Russian Empire faced. Social unrest had been growing in Russia, and among the most pressing issues was the quesÂtion of serfdom. Alexander II tackled these problems through societal reforms. Serfdom was abolished in 1861, and the Russian judiciary, for example, was reformed in 1864. Although serfdom had never existed in Finland, and the structures of the Finnish judiciary had remained the same as during the Swedish period, the need for social and legal reforms existed in Finland, too.[477]Many of the legal reforms that were carried out in Finland during the second half of the nineteenth century, involved economic questions. In the 1860s and 1870s, private law was modernised through several laws creating the legal foundation for a liberal market economy. Freedom of trade was realised and freedom of contract was expanded. Statutes were also passed, for example, on private banks, limited companies (Fi. osakeyhtio), limited partnerships (Fi. kommandiittiyhtio), and bankruptÂcies. Additional factors contributing to the development of the economy, such as infrastructures—roads, railroads, and canals—were also addressed.[478]
Other fields of law also witnessed changes. Criminal law was partially modernised in 1866, but it took until 1889 for a completely new penal code to be passed.
By that time, however, the environment for the most progressive reforms had dimmed and the changes were not as dramatic as had been planned in the 1860s. The Finnish Penal Code of 1889 (Fi. rιkoslaki) has been seen as the last to reflect the nineteenth-century classiÂcal school of criminology in Europe. In procedural law, changes were not as quick as the pressure for reform was not as urgent. Nevertheless, quesÂtions of procedural law were actively discussed.[479] In public law, significant changes occurred when municipal government was restructured in 1865 and 1873, increasing the number of people who could take part in local decision-making and establishing municipal self-government. In 1858, a law on elementary schools (Fi. kansakoulu) was enacted, and in 1869, a new Church Law.[480]These changes would not have been possible had it not been for the growth of the legal profession in Finland since the middle of the century. The rise of advocacy in the second half of the nineteenth century was also directly related to these modernisations in the legal sphere. As the number of university-trained lawyers continually grew beginning in the 1850s, not all could find jobs as judges or officials. Some lawyers began focusing on advocacy. As the law, especially private law, was being modernised, the need for legal advice also grew. As mentioned earlier, the Finnish judiciary had always been lay-dominated and the law had been simple enough so that learned advocates had not been a necessity. If advocates were used, they were usually either officials practising advocacy part time or laymen.
By the second half of the nineteenth century, economic life became more active, and new legislation was more difficult for non-professionals to understand. The demand for professional, legally trained advocates thus grew.[481]
During the period from 1880 to 1900, a corps of advocates established itself in Finland. The first law firms were established in the late 1880s and court records show that those representing others in court began to do so professionally.
The state of advocacy in Finland and the qualifications set for advocates were actively discussed around the turn of the twentieth century. Obviously, there was no monopoly for learned advocates in Finland, and indeed not only could anyone represent another in court, anyone could also refer to himself as an advocate (Fi. asianajaja). This meant that there were men without any legal training practising advocacy. Many commentators and legal experts felt that this was problematic as these “liquor advocates” might have insufficient knowledge of the law as well as being litigious and questionable in their morals. Moreover, it was thought that professional advocacy was necessary if the goal was to modÂernise court procedure. While the Finnish Bar Association (Suomen Asianajajaliitto) was not founded until 1919, the question of advocates organising themselves was raised as early as the 1870s. The first local bar association was founded in 1903 in Vyborg. The question of advocates organising themselves was common for the Nordic countries and was disÂcussed at the Nordic Lawyers’ Meetings in the 1870s. The Swedish Bar Association was founded in 1887 and the Norwegian in 1908.[482]While the first steps towards modern, professional advocacy were taken in the 1870s and 1880s, lay people did not disappear from Finnish advoÂcacy. The title “advocate” was not protected until 1958 when it was reserved for members of the Finnish Bar Association. Until then, any lawÂyers and even laymen were allowed refer to themselves as advocates. Officials could continue to practise part-time advocacy into the 1980s.[483] Despite these caveats, it is crucial to note the importance of the last decades of the nineteenth century for professional advocacy. By 1900, some professional advocates could be found even in smaller Finnish towns. It is certainly no coincidence that this is also precisely the period when legal aid developed. While professional advocates were now available more than ever before, there was also a growing group of indigent people who had no way of affording a learned advocate’s services. As many felt that it was undesirable that these people turn to various lay advocates with their problems, the time was right for addressing the question of legal aid.