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312 Uppsatser om Court - Sida 13 av 21

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.

Kameraövervakning : En juridisk analys

Camera surveillance can provide good protection against certain types of crime, but it can also invade our privacy. The County Administrative Board monitors compliance with the rules by visiting those places to which the general public has access. They have to issue permits before general camera surveillance to those places which the general public has access. In certain cases, in stores for example, general camera surveillance is permitted only if the Country Administrative Board is notified in advance. The Data Inspection Board is a public authority and responsible for the camera surveillance for those places to which the public not has access.

Förfoganderättsinskränkningar vid fastighetsöverlåtelse : med fokus på överlåtelseförbud i onerösa avtal

The purpose of this thesis is to investigate if a transfer restriction in a conveyance of real property for consideration is legally binding. In doctrine the legal situation is described as unclear. It will also be investigated if the restriction is binding in relation to the acquirer´s creditors and in relation to a new owner of the property.A transfer restriction in a conveyance of real property for consideration is legally binding between the parties and in relation to a new owner of the property. Even though the restriction is binding between the parties and in relation to a new owner, it is not binding in relation to the acquirer´s creditors. The Supreme Court has stated that it is a general legal principle that a transfer restriction in a conveyance for consideration is not binding in relation to the acquirer´s creditors.In this thesis it will also be argued that the legal situation is inconsequent.

Anställdas förvärv av värdepapper : Beskattningstidpunkten när förvärvet är förenat med förfoganderättsinskränkningar

It has become increasingly simple for companies to offer its employees shares in the form of incentive or option plans to acquire.  Companies motivate incentive plans with employee buy-outs that it will lead to higher involvement of work. The offers are often associated with disposal restrictions to the employee such as not immediately dispose of shares or that the employees will have to remain of employment within a certain timeframe. The problems with disposal restrictions are that it makes it difficult to determine the point of taxation.When shares deemed acquired at the time of share subscription the benefit will be taxable as income from service and the increase in value income from capital. When shares are deemed to be acquired only after cessation of disposal restrictions this will result in that the benefit is taxed only once.After the Supreme Administrative Court rulings in 3167-09 and 3168-09, it is now obvious that the acquisition is deemed to occur at the time of acquisition. The problem is not yet solved because the constant development of the security market needs to be considered.

Kläder i målningar och verklighet : en studie av dräktframställningen i Pehr Hilleströms genremålningar

The artist Pehr Hilleström has been credited as the founder of the Swedish genre painting. In the second half of the 18th century he began painting everyday subjects of the different social stratums. Today his paintings are noted for their way of showing us the culture of the time since the photograph still had still not been introduced.   Hilleström was a Court painter for King Gustav III who wanted him to depict the Swedish people and their different costumes. The king thought the costumes were of great significance for their psychological impact on people and therefore used them as a way to unite the nation psychologically, both by the genre paintings and also by making a national costume. The costumes were used as a symbol of an unbroken tradition and national heritage.

Genus i Barnets Bästa : En jämförande studie av Förvaltningsrättens LVU-domar med fokus på barnets eget beteende

Background/aim: The purpose of this sociological study "Genus in the Child's Best Interest" was to, from the Administrative Court's decree about the child's own behavior, further clarify the concept of the child's best interest by studying how the concept is expressed in decrees with focus on genus.Theory: Three genus theories, to compare girls and boys, Mary John's power theory, the grown ups definition of what the reality is and what it should contain, and a labeling theory, where the people with power are the ones to define what's normal and what's not, have been used to analyze the result in this study.Method: A content analyses was used to analyze the decrees, with the focus on girls and boys between the ages of 12 to 19, where they have been forced into treatment by the law.Result: The concept of a child's best interest does make a difference between girls and boys in the decrees, and the girls have more power because they have more room to express themselves and are less responsible for their thoughts and actions. The concept is possible to use, but the definition is subjective and could be colored by the societies values and norms..

Pussy Riot - Hur teori och praktik kan förenas genom feministisk aktivism

The purpose of this essay is to examine how theory and practice intertwines through theactivism of the feminist punk performance collective Pussy Riot. I have also focussed on the political tools with which the activism is performed. Within the academic context of gender studies, I believe there is a need for research that aims to reduce the gap between scholarly and activist feminism. The theoretical framework for the analysis in this essay consists of material feminist theory and postmodern theory. The empirical material is a diversified assemblage of images, Court excerpts, newspaper columns, interviews, lyrics and videos.

Fallet Bosman - en kvantitativ studie om fotbollens förändring och den fria rörlighetens effekter inom EU.

In 1995 something happened that radically changed the European football. This was the arrival of the Bosman ruling, a decision made by the European Court of Justice which meant that players with an expired contract could change clubs for free and that the European Union's internal market including the free movement of labour was now a part of the European football. The effects of theBosman ruling are wildly discussed today. Many powerful people in the European football mean that football now is less competitive than before, that there are a small amount of teams that actually have the ability to win any trophies. This bachelor thesis is studying the effects of the competitive forces in football after the Bosman ruling as a case of the free movement in the European Union.

Omedelbart omhändertagandeenligt 6 § LVU : -en granskning utifrån ett rättssäkerhetsperspektiv

The main purpose of this study was to examine how social workers interpret and legally practice the 6 § LVU (Care of Young Person´s Act) in regards to legal cer-tainty. The papers intention was to investigate and describe the legal scopes limits and deficiencies, linked to practical social work. The study was composed on a legal dogmatic method which implies to examine the law and its elaboration. The investi-gation was based on different Court rulings of care of youths according mostly to 6 § LVU. Perusal and interpretation of the rulings have been necessary in order to clarify the issues.

Insatsen kontaktperson vid umgängestvister : fyra kontaktpersoners och två samordnares upplevelser kring rollen kontaktperson vid umgängestvister

The purpose of this essay was to enhance the understanding and knowledge about phenomenon access support. Access support means that a third person (contact person) must be present during access visits between a child and its parent, if it is necessary for the child?s security or because the child needs support. The study was based on qualitative interviews with four contact persons and two professional social workers, whose main task have been to support and, partially, coordinate the work of contact persons. During the interviews I put the focus on participant?s experiences and thoughts about the phenomenon access support.

Rättfärdigandebegreppets potentiella tillämpning vid direkt könsdiskriminering : en analys av den EG-rättsliga diskussionen om utökade möjligheter till rättfärdigande

Sex equality law within the European Union is well developed and has since the Rome Treaty, given rise to several directives and other judicial acts on this matter of community law. The concepts of direct and indirect discrimination emerge from the general principles of Equal pay and Equal treatment and have been codified and amended several times until present.The lasts years, authors within the field of Equality Law has been pointing out that there is a common desire for simplification of discrimination law in Europe. The question has arisen whether this simplification could be implemented trough the introduction of a general justification defence for direct sex discrimination.The concept of direct sex discrimination - when a person of one gender is treated less favourably, on the grounds of gender, than a person of the other gender would be treated in similar circumstances - leaves no possibilities for such justification today. Indirect sex discrimination ? which arises from the equal application of neutral rules that shows an adverse impact on one group ? can be justified if the rule answers to true requirements of the job.Does the proposition that direct discrimination should be justified find support in the inconsistency of the present legislation? This paper will examine this and other questions concerning the wish for a general justification defence through studies of case law from the European Court of Justice as well as differing opinions from authors within the field of equality law..

EU, den fria rörligheten och asyl - En studie av EU:s viseringsregler och Dublinförordningen

This thesis studies two instruments within EC-law, affecting asylum issues, the Schengen Convention and the Dublin Regulation. These instruments are developed as a result of the free movement of persons in the European Union, and the development of the free internal market. The member states are afraid of losing control of who is residing within their borders, as their border controls has been removed, and these instruments are made to protect the member states now that their own means of control are gone. The thesis explains the relationship between the free movement and asylum issues and shows the connection between them. Its focus is aimed at the free movement of workers and how the European Court of justice has interpreted article 39 to increase the workers ability to move within the union.

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