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1709 Uppsatser om Legal actions - Sida 3 av 114

Den suveräna tjänstemannen. Anomin i förvaltningshandlandet och tjänstemannens suveränskap.

Uppsatsen behandlar frågan om vilken relation som finns mellan de handlingar statliga tjänstemän utför i sitt arbete (förvaltningshandlande) och de underliggande normer som skall styra detta handlande. Tesen som författaren driver är att denna relation präglas av en anomisk brist. Baserat på en genomgång av relevanta juridiska begrepp återges konkreta exempel på handlande av statliga tjäntsemän. En teoretisk genomgång av relevant teori hos Hans Kelsen, Carl Schmitt och Giorgio Agamben ligger till grund för en analys av anomin som en ofrånkomlig ontologisk aspekt av allt normbundet handlande. The thesis treats the question of what relation there is between action performed by public officials and the norms that supposedly directs these actions.

Beslut utanför lagens gränser. : En kvalitativ studie om äldreomsorgens bristande lagstiftning.

The aim of the study is to investigate how social workers relate to the self-determination in cases that involve people who have dementia. To investigate this we have chosen to build a qualitative study. The study is based on four interviews with social workers in elderly care in Sweden. To analyze our material we chose the concept autonomy, and legal texts from the Social Services Act (SFS 2001: 453) and Parental code (SFS 1949: 381). Our results show that social workers are often forced to deviate from the law and guidelines to ensure the best for the person with dementia.

Kvinnans rättigheter i rätten : Om våldtäktsdefinitionen i svensk sexualbrottslagstiftning

During the past 10 years Sweden has updated its penal code for sexual crimes twice. Despite this few are convicted for the crime of rape in Sweden. As the majority of perpetrators being male, this is a problem concerning women?s rights to respect for their bodies and personal integrity. A possible explanation, and this study?s point of departure is a potential discrepancy between the intention of the law and the interpretation of the same as the Swedish legal system rests on a foundation of legal positivism.

TOLKNING MED METAFORER : En uppsats om lagtolkning och avtalstolkning i ljuset av den konceptuella metaforen och den kognitiva semantiken

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.

Revisorers legitimitet och skadeståndsansvar

In September 2008, a proposition to limit auditors? liability for statutory audit was launched by a Swedish Government official report. Auditors? legal liability in this respect has been joint and unlimited for more than 60 years in Sweden. By using a qualitative literature study method, this paper aims at discovering how the proposed change in legal liability affects the legitimacy of auditors in Sweden.

All-In: En fallstudie om Betssons spelbutik och dess påverkan på den svenska spelmarknaden.

The company Betsson opened its first physical gambling shop in Sweden in May 2008, thereby defying the Swedish government?s legal gambling monopoly. The legal case that has resulted due to the violation of the Swedish gambling law has attracted immense attention from mass media, thus generating vast amounts of publicity for the company. This paper aims to evaluate and describe the company?s decision to open the store, as well as to examine the relationship between market driving practices and market driven practices.

Kvotering i Polishögskolan : En rättslig studie rörande tillåtelse att kvotera vid antagning till högskola och huruvida kvotering förekommer i polisutbildningen

The purpose of this essay is primarily to investigate the possibility of and the rules concerning using quotas in the field of admission to university. Secondly, an investigation of whether the Swedish Police Academy has been conducting this method during the years of 2009 and 2010 is made. They are currently accused of having discriminated applicants due to their gender and ethnicity. In order to examine the legal arena as far as possible the laws of discrimination, both including the legislations and regulations assumed by the EU as well as the Swedish laws in this field, will be studied. The laws of discrimination will be put in relation to the legal possibilities of making exceptions from the principle of equal treatment.

Maktdelning : och konstitutionellt rättighetsskydd

The topic of this master thesis in legal science is state law and constitutional law, or more specific judicalization, with the division of power and thus increased individual legal rights in various forms. Sweden has traditionally had a weak constitutional protection for the individual?s legal rights. The public power has been concentrated to the government and the courts have only played a marginal role. Since the implementation of the European convention of legal rights and with the ever-increasing importance of the legal system of the European Union, the Swedish legal system gone through changes of historical dimensions.This master thesis is based on the legal dogmatic method where laws, preparatory work, case law and doctrines have been systemized.

?r omfattande varum?rkesr?ttigheter nyckeln till innovation? En utredning av risker vid individanpassning av kl?der p? den europeiska marknaden

This thesis examines the legal boundaries of third-party use of trademarks in the European customized clothing market. The purpose is to determine under what circumstances third parties may legally modify and sell trademarked apparel without infringing on trademark rights. The study employs a legal dogmatic method, analyzing EU trademark law, case law, and legal doctrine to clarify the scope of exclusive rights and their limitations. By analyzing key EU case law, the study further illustrates how the legal framework has been interpreted and applied in cases concerning third-party trademark use. Given the increasing demand for customized fashion and the rise of new business models in the clothing industry, this topic holds significant legal and economic relevance. Additionally, Schumpeter?s theory of creative destruction provides a theoretical perspective on how trademark restrictions impact innovation and market competition.

The digital dark age? Bevarande av elektroniskt material i Sverige

The first law in Sweden containing an act of legal deposit is from 1661. Since then the printing-houses are supposed to deliver all printed material to the Royal Library and other recipient libraries. Today, more and more information is solely published electronically. This material is not yet included in the law of legal deposit. In a similar way as our printed cultural heritage is saved for posterity our electronic cultural heritage has to be saved.

Elektroniska konossement - ?r Sverige med p? b?ten? En studie av m?jligheterna till inf?rande av elektroniska konossement i Sverige

This paper aims to analyze the legal functions and characteristics of bills of lading in their basic form to examine the legal framework for the adoption of electronic bills of lading under Swedish law. With a comparative analysis against English law, particular attention is given to the 'document of title' function. This has been claimed to pose challenges in the transition to electronic bills of lading. While Swedish law presents potential parallels, critical aspects like negotiability and indirect possession require resolution. It analyzes international regulations such as the Rotterdam Rules and Model Law, addressing challenges and potential solutions for digitalization.

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..

Obehörig vinst

Unjustified enrichment is used as legal basis when a part claims compensation. Unjustified enrichment can be illustrated as: (A) made a profit on someone else?s loss (B) and if the profit is"unjustified"and has"no legal basis"it shall be returned, which then make it possible for B to claim compensation from A referring to the profit. B has in this case lost something that he owns. To be able to claim A for compensation must the loss of B also be a benefit for A.

Välfärd & Rättvisa: socialsekreterarens roll i arbetet med yttrande för unga lagöverträdare

In the last couple of years changes in the legal systems treatment of young offenders has given the social worker more legal responsibility. In view of this, our purpose with this study was to examine how social workers and prosecutors apprehend the role of the social worker during the legal process. The study was delimited to look into the handling of young offenders between the ages of 15 and 18 years old. The questions we intended to look at were: How do the social workers reason when trying to see the need of a child within a legal context; Do prosecutors and social workers experience that they have different approaches when looking at young offenders, as a consequence of their different professions; What is the opinion among social workers considering the duty of the social services to administrate community service for young offenders; How do the social workers argue when determining whether or not a young offender has a "special need for care". These questions were answered through empirical studies where six social workers and two prosecutors were interviewed.

Vad förvaltningen bör sträva efter : -riksdagspartiernas uppfattningar om de värden som förknippas med förvaltningen

The values politicians relate with public administration are likely to affect the way that they want the public administration to be organised. The purpose of this study is therefore to examine which values Swedish parliamentary parties relate with public administration and more particularly how they emphasise these values.The study is conducted as an analysis of theoretically relevant bills that the government party and the parliamentary parties have introduced to the Riksdag, and reports and statements of opinion from the parliamentary committees. The documents are from the Riksdag´s sessions from 2000/01 to 2005/06. After examining the documents the conclusion can be drawn that the value that is most emphasised during the period is legal security. This might mean that legal security will have more influence on the decisions taken about the organisation of Swedish public administration..

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