Betydelsen av samiska traditioner i svensk rätt

Abstract

The Status of Sámi Customs and Traditions in Swedish Law This article discusses the status of Sámi customs and traditions in Swedish law. With Swedish reindeer herding legislation as a point of departure, three court cases involving customary law, where appeal is made to customs, and traditions ‘from time immemorial’ are discussed. Comparisons are made with the ways in which Supreme Court of Norway treats Sámi culture and traditions. Thereafter, a court case which demonstrates the importance of Sámi traditions with reference to the content of reindeer herding rights is presented. Finally, the standing of Sámi customs and traditions to Swedish law in general is discussed. This article shows the shifting importance of Sámi customs and traditions with regard to reindeer herding rights and Swedish law.