Johannes Andenæs
Encyclopedia
Johannes Bratt Andenæs, often shortened to Johs. Andenæs (7 September 1912 – 3 July 2003) was a Norwegian
jurist
. He was a professor of jurisprudence
at the University of Oslo
from 1945 to 1982, and served as rector
from 1970 to 1972.
as a son of vicar Mads Olsen Andenæs (1855–1942) and Signe Theoline Mydland (1883–1958). He was a brother of Tønnes Andenæs
. He finished
his secondary education at Stabekk
in 1929, enrolled at the Royal Frederick University
and graduated from there with the cand.jur. degree in 1935. He worked as a deputy judge in Moss and Harstad before studying further, abroad. In June 1939 in Horten
he married fellow jurist Ida Johanne Røren (1913–2008). He was hired as lecturer and research fellow
at the University of Oslo
in 1939, and took the dr.juris degree in 1943 with the thesis Straffbar unnlatelse.
in 1940 and professor in 1942, at the University of Oslo, but his candidacy was rejected both times due to the German occupation of Norway. He had participated in battles against the Wehrmacht
in the Norwegian Campaign
, being lightly wounded near Skarnes
. During the occupation, then, he marked himself as an oppositional person at the university. When the Nazi authorities were about to change the rules for admission to the university, in autumn 1943, a protest ensued. In retaliation, the authorities arrested 11 staff, 60 male students and 10 female students. The staff Carl Jacob Arnholm
, Eiliv Skard
, Johan Christian Schreiner, Harald Krabbe Schjelderup, Anatol Heintz
, Odd Hassel
, Ragnar Frisch, Bjørn Føyn
, Endre Berner
and Johannes Andenæs were sent to Grini concentration camp. Andenæs was first incarcerated at Bredtveit from 15 October to 22 November, then at Berg
until 8 December, then at Grini until 24 December 1944.
, where the work with the legal purge in Norway after World War II
had started. He was critical to facets of this legal purge, especially the fact that mere membership in Nasjonal Samling was punished harshly and how capital punishment
was used
. His 1979 book Det vanskelige oppgjøret is about the legal purge.
One of his first releases after the war was Statsforfatningen i Norge, partly written during his incarceration at Grini. He was also given his professorship, already on 29 June 1945 (the war ended on 8 May
). In 1946 he was elected as a member of the Norwegian Academy of Science and Letters
. He served as dean at the Faculty of Law from 1959 to 1960 and 1968 to 1969, prorector from 1960 to 1962 and rector from 1970 to 1972, and praeses of the Norwegian Academy of Science and Letters from 1977 to 1981. He was a visiting scholar at the University of Pennsylvania
(1963), the University of Chicago
(1968) and All Souls College (1971), and held honorary degree
s at the University of Copenhagen
(1970) and the University of Uppsala (1977). He retired as a professor in 1982. He was also Acting Supreme Court Justice
for some time. He was a member of Straffelovrådet, chaired Nordisk kriminologisk samarbeidsråd from 1962 to 1965 and Norsk kriminalistforening from 1947 to 1957. He served as a deputy representative to the Parliament of Norway from Oslo
, representing the Liberal Party, during the term 1958–1961. In 1996 Andenæs publicly stated that Norway should decriminalise drug use, and that in the future, drug prohibition would be regarded as a wrongful use of punishment.
He was decorated as a Commander with Star of the Royal Norwegian Order of St. Olav in 1986. In 1985 he received the Fritt Ord Honorary Award. He was also elected as a member of the exclusive social club SK Ull
in 1949. He died in July 2003 in Oslo.
Andenæs was the father of legal academic Mads H. Andenæs
, and through him the father-in-law of Ellen Holager Andenæs
.
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
. He was a professor of jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
at the University of Oslo
University of Oslo
The University of Oslo , formerly The Royal Frederick University , is the oldest and largest university in Norway, situated in the Norwegian capital of Oslo. The university was founded in 1811 and was modelled after the recently established University of Berlin...
from 1945 to 1982, and served as rector
Rector
The word rector has a number of different meanings; it is widely used to refer to an academic, religious or political administrator...
from 1970 to 1972.
Pre-war career
He was born in InnvikInnvik
Innvik a village and a former municipality in Sogn og Fjordane county in Norway. Innvik is located in the present-day municipality of Stryn on the southern side of the Nordfjord. The village is located about west of the village of Olden...
as a son of vicar Mads Olsen Andenæs (1855–1942) and Signe Theoline Mydland (1883–1958). He was a brother of Tønnes Andenæs
Tønnes Andenæs
Tønnes Madsson Andenæs was a Norwegian jurist, book publisher and politician for the Labour Party.He was born in Innvik as a son of vicar Mads Olsen Andenæs and his wife Signe Theoline Mydland . The family moved to Bærum when Tønnes Andenæs was two years old. He was a brother of Johs. Andenæs,...
. He finished
Examen artium
Examen artium was the name of the academic certification conferred in Denmark and Norway, qualifying the student for admission to university studies. Examen artium was originally introduced as the entrance exam of the University of Copenhagen in 1630...
his secondary education at Stabekk
Stabekk
Stabekk is a suburban centre in the municipality of Bærum, Norway. Mainly a residential area and have most of the conservative population in Norway the current population is 6,261....
in 1929, enrolled at the Royal Frederick University
University of Oslo
The University of Oslo , formerly The Royal Frederick University , is the oldest and largest university in Norway, situated in the Norwegian capital of Oslo. The university was founded in 1811 and was modelled after the recently established University of Berlin...
and graduated from there with the cand.jur. degree in 1935. He worked as a deputy judge in Moss and Harstad before studying further, abroad. In June 1939 in Horten
Horten
is a town and municipality in Vestfold county, Norway—located along the Oslofjord. The administrative centre of the municipality is the town of Horten. The municipality also includes the villages of Borre, Åsgårdstrand, Skoppum, and Nykirke....
he married fellow jurist Ida Johanne Røren (1913–2008). He was hired as lecturer and research fellow
Research fellow
The title of research fellow is used to denote a research position at a university or similar institution, usually for academic staff or faculty members. A research fellow may act either as an independent investigator or under the supervision of a principal investigator...
at the University of Oslo
University of Oslo
The University of Oslo , formerly The Royal Frederick University , is the oldest and largest university in Norway, situated in the Norwegian capital of Oslo. The university was founded in 1811 and was modelled after the recently established University of Berlin...
in 1939, and took the dr.juris degree in 1943 with the thesis Straffbar unnlatelse.
World War II
He applied to become docentDocent
Docent is a title at some European universities to denote a specific academic appointment within a set structure of academic ranks below professor . Docent is also used at some universities generically for a person who has the right to teach...
in 1940 and professor in 1942, at the University of Oslo, but his candidacy was rejected both times due to the German occupation of Norway. He had participated in battles against the Wehrmacht
Wehrmacht
The Wehrmacht – from , to defend and , the might/power) were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the Heer , the Kriegsmarine and the Luftwaffe .-Origin and use of the term:...
in the Norwegian Campaign
Norwegian Campaign
The Norwegian Campaign was a military campaign that was fought in Norway during the Second World War between the Allies and Germany, after the latter's invasion of the country. In April 1940, the United Kingdom and France came to Norway's aid with an expeditionary force...
, being lightly wounded near Skarnes
Skarnes
Skarnes is the administrative centre of Sør-Odal municipality, Norway. Its population is 2,210.The local railway station, opened in 1862, is served by Kongsvingerbanen....
. During the occupation, then, he marked himself as an oppositional person at the university. When the Nazi authorities were about to change the rules for admission to the university, in autumn 1943, a protest ensued. In retaliation, the authorities arrested 11 staff, 60 male students and 10 female students. The staff Carl Jacob Arnholm
Carl Jacob Arnholm
Carl Jacob Arnholm was a Norwegian jurist.He was born in Oslo as a son of civil servant Carsten Johannes Andersen and Gunvor Henriksen . He finished his secondary education in Kristiania in 1917, and graduated with the cand.jur. degree in 1921. After one year as deputy judge he worked as a junior...
, Eiliv Skard
Eiliv Skard
Eiliv Skard was a Norwegian classical philologist.-Personal life:He was born in Levanger as a son of educators Matias Skard and Gyda Christensen . The family moved to Kristiansand in 1901...
, Johan Christian Schreiner, Harald Krabbe Schjelderup, Anatol Heintz
Anatol Heintz
Anatol Heintz was a Norwegian palaeontologist.He was born in Petrograd to the geophysicist Yevgeniy Alfredovich Heintz and Olga Fyodorovna Hoffmann . He had two older siblings. In 1919 the family fled to Norway...
, Odd Hassel
Odd Hassel
Odd Hassel was a Norwegian physical chemist and Nobel Laureate.-Biography:Born in Kristiania, his parents were Ernst Hassel, a gynaecologist, and Mathilde Klaveness. In 1915, he entered the University of Oslo where he studied mathematics, physics and chemistry, and graduated in 1920...
, Ragnar Frisch, Bjørn Føyn
Bjørn Føyn
Bjørn Føyn was a Norwegian zoologist, especially known for researching the genetics of algae.He was born in Trondhjem as a son of educator and major Anton Christian Føyn and Olga Barth Nielsen...
, Endre Berner
Endre Berner
Endre Qvie Berner was a Norwegian chemist.He was born in Stavanger as a son of businessperson Endre Qvie Berner, Sr. and his wife Anna Marie Gjemre...
and Johannes Andenæs were sent to Grini concentration camp. Andenæs was first incarcerated at Bredtveit from 15 October to 22 November, then at Berg
Berg concentration camp
Berg was a concentration camp near Tønsberg in Norway that served as an internment and transit center for political prisoners and Jews during the Nazi occupation of Norway.-Establishment:...
until 8 December, then at Grini until 24 December 1944.
Post-war career
In 1945 he was a consultant in the Office of the Director of Public ProsecutionsNorwegian Prosecuting Authority
Norwegian Prosecuting Authority is a body subordinate to the Norwegian Council of State.This body is responsible for legal prosecutions in Norway. It is divided into three branches. The third branch is the Prosecuting Authority in the Police. The first two, the Office of the Director of Public...
, where the work with the legal purge in Norway after World War II
Legal purge in Norway after World War II
When the occupation of Norway ended in May 1945, several thousand Norwegians and foreign citizens were tried and convicted for various acts that the occupying powers sanctioned...
had started. He was critical to facets of this legal purge, especially the fact that mere membership in Nasjonal Samling was punished harshly and how capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
was used
Capital punishment in Norway
Capital punishment in Norway was abolished in peacetime with the criminal law that was passed in 1902 with enforcement beginning in 1905. Capital punishment was also abolished in times of war in 1979....
. His 1979 book Det vanskelige oppgjøret is about the legal purge.
One of his first releases after the war was Statsforfatningen i Norge, partly written during his incarceration at Grini. He was also given his professorship, already on 29 June 1945 (the war ended on 8 May
Victory in Europe Day
Victory in Europe Day commemorates 8 May 1945 , the date when the World War II Allies formally accepted the unconditional surrender of the armed forces of Nazi Germany and the end of Adolf Hitler's Third Reich. The formal surrender of the occupying German forces in the Channel Islands was not...
). In 1946 he was elected as a member of the Norwegian Academy of Science and Letters
Norwegian Academy of Science and Letters
The Norwegian Academy of Science and Letters is a learned society based in Oslo, Norway.-History:The University of Oslo was established in 1811. The idea of a learned society in Christiania surfaced for the first time in 1841. The city of Throndhjem had no university, but had a learned...
. He served as dean at the Faculty of Law from 1959 to 1960 and 1968 to 1969, prorector from 1960 to 1962 and rector from 1970 to 1972, and praeses of the Norwegian Academy of Science and Letters from 1977 to 1981. He was a visiting scholar at the University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
(1963), the University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
(1968) and All Souls College (1971), and held honorary degree
Honorary degree
An honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...
s at the University of Copenhagen
University of Copenhagen
The University of Copenhagen is the oldest and largest university and research institution in Denmark. Founded in 1479, it has more than 37,000 students, the majority of whom are female , and more than 7,000 employees. The university has several campuses located in and around Copenhagen, with the...
(1970) and the University of Uppsala (1977). He retired as a professor in 1982. He was also Acting Supreme Court Justice
Supreme Court of Norway
The Supreme Court of Norway was established in 1815 on the basis of the Constitution of Norway's §88, prescribing an independent judiciary. It is located in Oslo and is Norway's highest court...
for some time. He was a member of Straffelovrådet, chaired Nordisk kriminologisk samarbeidsråd from 1962 to 1965 and Norsk kriminalistforening from 1947 to 1957. He served as a deputy representative to the Parliament of Norway from Oslo
Oslo
Oslo is a municipality, as well as the capital and most populous city in Norway. As a municipality , it was established on 1 January 1838. Founded around 1048 by King Harald III of Norway, the city was largely destroyed by fire in 1624. The city was moved under the reign of Denmark–Norway's King...
, representing the Liberal Party, during the term 1958–1961. In 1996 Andenæs publicly stated that Norway should decriminalise drug use, and that in the future, drug prohibition would be regarded as a wrongful use of punishment.
He was decorated as a Commander with Star of the Royal Norwegian Order of St. Olav in 1986. In 1985 he received the Fritt Ord Honorary Award. He was also elected as a member of the exclusive social club SK Ull
SK Ull
Skiklubben Ull was a Norwegian Nordic skiing club based in Oslo but with its sporting facilities in Vestre Aker. Founded in 1883, it attracted several professed sportsmen who between 1883 and 1891 won six Ladies' Cups and one King's Cup, among other national events. Its members also participated in...
in 1949. He died in July 2003 in Oslo.
Andenæs was the father of legal academic Mads H. Andenæs
Mads H. Andenæs
Mads Henry Andenæs is a Norwegian legal academic.He was born in Oslo as a son of Johs. Andenæs. He took the dr.juris degree in 1978 on the thesis Sameier og selskaper, and was appointed as a professor at the University of Oslo in 1986. Other publications include Aksjeselskapsrett , Konkurs Mads...
, and through him the father-in-law of Ellen Holager Andenæs
Ellen Holager Andenæs
Ellen Aimée Holager Andenæs is a Norwegian jurist.She was born in Oslo. She was a junior solicitor in the Norwegian Prosecuting Authority from 1982 to 1983, public prosecutor in Eidsivating Court of Appeal from 1983 to 1987, police inspector in Oslo from 1987 to 1994, and presiding judge in...
.
Select bibliography
This section lists his most notable works:- Straffbar unnlatelse (1943)
- Statsforfatningen i Norge (1st ed. 1945, 8th ed. 1998)
- Alminnelig strafferett' (1st ed. 1956, 4th ed. 1997)
- Norsk straffeprosess in two volumes (1st ed. 1962, 2nd ed. 1994)
- Det vanskelige oppgjøret (1979)
- Innføring i rettsstudiet (1st ed. 1979, 6th ed. 2002)
- Spesiell strafferett with Anders BratholmAnders BratholmAnders Bratholm was a Norwegian jurist.Born in Oslo, he took the doctorate degree in 1958 and was a professor of jurisprudence at the University of Oslo from 1960 to 1990. He was a member of the Norwegian Academy of Science and Letters...
(1st ed. 1983, 3rd ed. 1996)