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323 Uppsatser om Court Penalties - Sida 13 av 22

Gränsdragningen mellan yttrandefrihet och hets mot folkgrupp : En undersökning av gällande rätt utifrån ett samtida perspektiv

AbstractThis essay begins with a presentation of the complex set of problems which relate to the interaction between freedom of speech and the ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith or sexual preference (BrB 16:8, incitement to racial hatred). Can conflicts arise between freedom of speech and the ban against discrimination? To shed light on this question, we have chosen to look at the issue from a new perspective. This perspective is based on the new challenges faced by Swedish society as a result of the changed composition of our population, our membership in the EU and our acknowledgment of certain international conventions concerning human rights.Fifty years ago our population almost solely comprised of ?native Swedes?.

De rättsliga verkningarna av avtal som ingåtts på rättsstridigt vis vid offentlig upphandling

When Swedish authorities are to purchase or rent something, public procurement is used as a means to an end. Authorities as well as suppliers are subjects to the fact that Swedish law regarding public procurement regulates the form of procurement in one set of particular regulations (LOU) and the form of contracts in another set of general regulations (AvtL). Suppliers and purchasing authorities close a contract regarding the subject of procurement and the law of public procurement regulates when such a contract can be closed, simultaneously the law of contracts regulates when parties are held to contracts and when contracts are to be rescinded. I investigate in this essay what these two types of regulations can result in for the contracting parties. As it is today agreements that have been entered into wrongfully still are valid, even if a court of law nullifies the procurement and sentences the purchasing authority to make a new public procurement.

Undersökning & Utvinning av Smartphones : En djupgående analys av positionsdata

The ordinary phone of today is not the same as it was 10 years ago. We still use them tomake phone calls and to send text messages, but the ordinary phone of today has muchmore uses, it is essentially a computer. To put into context to 10 years ago, it is a verypowerful computer, capable of processing wide array of information and presenting it tothe user. Nearly every single device today has a wireless connection, which makes everyuser connectable and able to use online services and internet at any time and place.This gives the user the possibility to integrate his or hers everyday actions with socialmedia and different search functions. Being able to search the internet for persons,restaurants, public transportation and a lot more is very useful to most.

Förhållandet mellan ogiltighetsregler och konkurslagens återvinningsregler - regelhierarki, till vilket pris som helst...?

According to the Swedish Bankruptcy Act (SFS 1987:672) legal transactions can be reopened in cases of bankruptcy, if the transactions have been the cause of or were performed while the debtor was no longer solvent and thus harming the creditors. The legislations of the Bankruptcy Act chapter 4 §5 aim to protect creditors so that the debtor cannot withdraw their property in case of a forthcoming bankruptcy, as well as prevent creditors from taking measures against the debtor when the debtor is in financial difficulties. However, according to the Swedish jurisprudence there is a hierarchy as of according to which legal rules a legal transactions shall be enquired in case of bankruptcy. Firstly, a legal act must be valid, the transaction must thus be valid accordingly to either the law of contract, the law of property or according to the rules of corporate law. Each of these three legal areas have their own rules of annulment and any legal act has to be valid in accordance to any of the rules above before an action of reopening the transaction according to the Bankruptcy Act may be brought before a court.

"Det går inte att lita på föräldrarna" : Hur skildras omsorgsbristande föräldrar i LVU-rättsfall?

The aim of this study was to, with a social constructivistic approach, examine how parents,regarded as neglecting their children, are depicted in 12 LVU-legal cases from the Supreme Administrative Court in Sweden. By using a document analysis influenced by discourse analytical tools, we found that there are repeated descriptions of the parents, which constructs an image of parents as shortcoming in the care of their children. The categories lack of emotions, mental disorder, substance abuse and physical maltreatment were the main reasons for child neglect that the parents were described from. Attitudes towards authority, aggression and immaturity, lack of insight, and deficiencies in the home were repeated in the description of the parent. We further found that mothers were regarded as more responsible of the children compared to fathers.

Renskötselrätten : som rättslig konstruktion

This master thesis concerns the relation between law and the theory of the conceptual metaphor which has developed within cognitive linguistics. Although its main focus is abstract thinking, it also covers a wide range of aspects within cognitive linguistics, such as the prototype theory and radial categories. In order to address this relation, three questions will be dealt with. Firstly, does the theory of the conceptual metaphor have relevance to interpretation of legal rules and contracts? Secondly, can the same theory explain why a legal rule or a contractual term has been interpreted outside of its most given area of application? Thirdly, when an interpretation is not predictable from a legal viewpoint, can such an explanation answer to that fact? Answering the first question will require a descriptive analysis of the conceptual metaphor and cognitive linguistics.

Miljöpolitik eller personlig frihet? : fallstudie av Växjö Kommun

This thesis is a case-study of an ongoing court case between the Swedish Competition Agency and Växjö Municipality about a set-up requirement to the long-distance heating system for newly built private houses on municipality owned land. This requirement was set up as part of the municipality?s long-term environmental goals; however the Competition Agency claims that the demand is damaging the free market in the municipality. The purpose of this thesis is to determine which normative assumptions the decision makers have based their actions and re-action on, and whether or not these assumptions are valid, thru theoretical ideal types. This is determined via method of textual analysis.

?dn?ris?: att b?ja st?nger till t?ltk?ta

This thesis is my exploration of the immaterial heritage that is the craft of bending of ?dn?ris? out of spruce. It?s a broken tradition that is scarcely described, mainly through Yngve Ryd?s report T?ltk?tor (1999) that contains interviews with two knowledge keepers, Nilas Tuolja and Johan Rassa. Yngve Ryd?s report went against the earlier opinion by the mid 20th century ethnologist Ernst Manker who claimed that they were only made exclusively out of mountain birch that has curved growth. As a background, I discuss the special importance of heritage conservation, both material and immaterial, in a S?mi context as being an indigenous people.

Gränsen mellan positiv särbehandling och diskriminering

Positive action is measures that usually constitute discrimination but which are justified when achieving the purpose of an effective equality between people of the society. Positive action regarding gender is regulated in primary law, secondary law and case law of the EU whereas positive action regarding other discrimination groups is regulated in secondary law and negligible regulated in case law.There is a boundary between positive action and discrimination. Primary law gives little guidance on determine that boundary. Secondary law provides more advanced guidelines of how to determining were the boundary is.When determining were the boundaries lays between positive action and discrimination the guidelines given by the European court of justice in case law can be used. The majority of these guidelines are focused on positive action regarding gender.

Metafor - Tao : En komparativ studie i metaforik mellan prekonfuciansk tanketradition och svensk nutid

Metaphors and their use as a rethorical vehicle are examined. Two texts, one in Chinese and one in Swedish, are compared and analyzed to determine the extent to which the associations they create successfully capture the author's intent. Seecondarily, a shift from the assumptions that rhetorical analyses often assume (read: antiquity and Aristotles) to a more abstract internal human platform is suggested. Neurological and cognitive research is cited in support of this shift.The essay examines the question: How can metaphoric contribute to conveying the communicator's intention? By comparing metaphorics used by an historical Chinese rhetor with those used by a contemporary Swedish rhetor.

Nesligt våld mot kvinna : En undersökning kring synen på kvinnor som blivit våldtagna i Karlstad perioden år 1900-1943

The purpose of this paper is to examine the early 1900s approach to women who have been raped in Karlstad and how you looked at rape during this period. I have used criminal case files from the Karlstad criminal police to examine. The actual study is set up in that way that I have tried to answer my questions through case studies that have been categorized in three type?s perpetrators and three types of victims. The three types of offenders who I am using are the "the naughty young man," "the violent worker" and "the drunken man".

En kritisk granskning av svenska statens ställningstagande till barns deltagande i domstolsförfaranden

The aim of this study was to describe and scrutinise the position of the Swedish government on whether children should participate directly or through a representative in judicial proceedings.The main questions for this study were to find out (1) what position the Swedish government has on the subject, (2) how the position is justified, and (3) what view on children the position reflects.A qualitative design was used in the study and in order to describe the position a descriptive method was used. In the second part of the study a critical approach was used to examine and analyse the position.The main conclusions were that the position is ambiguous but that it mainly reflects, with a few exceptions, that it is better for children to be represented than to participate directly in judicial proceedings. The arguments that are given as basis for the position are short and lack both the objective and subjective grounds needed to decide the best interest of the child. The analysis of the position showed that it mainly reflects a view on children as objects and when the statement reflects a view on children as subjects, it relates to age and maturity in the child..

Tvångsvård på grund av problematiskt datorspelande : En rättsvetenskaplig studie av annat socialt nedbrytande beteende i 3 § LVU

This paper has focused on specific aspects of the law concerning the 3rd paragraph of The Care of Young Persons Act (1990:52), LVU. The purpose of this study was to examine the prerequisite other social destructive behaviour in four cases where youths has been under compulsory institutional care because of their computer gaming. The study was composed on a legal dogmatic method and a legal sociologist perspective. The legal dogmatic method implies to examine the law and its elaboration, the legal sociologist perspective focus on the consequences and causes of the court of law. The study shows that problematic computer gaming is an increasing problem in society and that other social destructive behaviour is a wide prerequisite that need new amendment in order to ensure citizens certainty..

Våldets olika ansikten : En gärningsanalys av våldsbrott utifrån gärningsmannens relation till offret

Violent crime can traditionally be classified as a reactive or an instrumental aggression. A reactive aggression is often characterized by some sort of provocation by the victim and the act is impulsive and the offender reacts by harming the victim. The provocation can be a threat, an insult or an attack and the act can be said to be a reaction induced by emotions. An instrumental act of violence however, often described as planned, targeted and emotional cold. The goal of the act can be to acquire money or power to maintain their status.

Våldets olika ansikten: En gärningsanalys av våldsbrott utifrån gärningsmannens relation till offret

Violent crime can traditionally be classified as a reactive or an instrumental aggression. A reactive aggression is often characterized by some sort of provocation by the victim and the act is impulsive and the offender reacts by harming the victim. The provocation can be a threat, an insult or an attack and the act can be said to be a reaction induced by emotions. An instrumental act of violence however, often described as planned, targeted and emotional cold. The goal of the act can be to acquire money or power to maintain their status.

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