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1275 Uppsatser om Legal principles - Sida 3 av 85
Ett (o)tillåtet undantag eller en (ny)etablerad regel? : - En studie av den nuvarande folkrättsliga regleringen av humanitär intervention
AbstractThis essay has as its purpose to discuss the current legal regulation of the concept of humanitarian intervention. The inconsistencies in the debate over the legal status of this concept, and the legal uncertainty it brings to the acts of states and the lives of their nationals is a motivating factor for the writing of this essay. However, it has been clear from the outset that the concept of humanitarian intervention is intricately connected to political and moral ideas and values. Thus, the attitude taken towards this doctrine will be highly dependent on the perspectives of the state, government or single author representing it.Following this starting point, the aim of this essay is not to present a single answer as to whether humanitarian intervention is, or is not, legal, but to research, compare and analyze the different arguments put forward in this subject in international law today. Hopefully, this will provide the reader of this essay with some insight into the sources of international law of today and how the principles of state sovereignty, non-intervention, the prohibition of force and the protection of human rights relate to the concept of humanitarian intervention.A frank overview of the UN Charter does not support use of force except in the case of self-defence or without a Security Council mandate.
Positiv särbehandling - diskriminering eller ett nödvändigt led i jämställdhetsarbetet?
To achieve the goals that the government has put in place for equal opportunities in the labour market, the Swedish law is divided into two separate regulatory frameworks. One is positive action to promote equal opportunities and the other is the prohibition of sexual discrimination. Since males, despite the measures taken so far, still have a great advantage on the labour market, the law concerning equal opportunities has an exception from the prohibition of sexual discrimination, whose purpose is to promote the progress of equal opportunities, also known as preferential treatment. The regulations concerning preferential treatment allow the employer to hire a less qualified person from an underrepresented gender in spite of the presence of higher qualified applicants of the overrepresented gender. The purpose of this paper is to investigate the meaning and the application of preferential treatment as well as to give an insight to the argumentation around its application.
Heuristiker för digitala spel : En studie om Game Approachability Principles
Detta arbete har utformats för att besvara frågeställningen: ?Kan Game Approachability Principles (GAP) upptäcka användbarhets-, spelbarhets- och åtkomlighetsproblem i tidiga stadier av utvecklingsprocessen av ett spel??. Teorier om användbarhet, åtkomlighet, spelbarhet, olika utvärderingsmetoder och användartestning samt Game Approachability Principles studerades för att skapa en teoribildning inom området. Två prototyper av ett spel skapades: en hi-fi prototyp och en lo-fi prototyp. Den första representerar det senare stadiet i utvecklingen av ett spel och den andra representerar det tidigare stadiet.
Klassifikationens roll på www: en studie av webbmiljöns påverkan på klassifikationens principer och funktioner
Principles that guide how a classification system should be structured have existed for more than a century. Traditional classification principles can be of great value for the design of classification schemes directories on the web. However, there are differences between the library context in which these principles originated, and the web. This thesis aims at investigating how changes in the context of classification affect the application of traditional principles of classification on the web. Another purpose is to see what implications this has for the design of classification schemes on the web.
Framtidens stridsfordon och de grundläggande förmågorna
Due to the new demands put upon combat vehicles of today the development quickly strives for-ward. With developers and experts across the globe working to meet the needs of tomorrows armies. The question we ask ourselves is what will be the characteristics of these vehicles. In order to be able to categorize combat vehicle and analyze its characteristics we use the principles of war. Based on J.F.C Fullers theory from the early 19 hundreds that anything can be analysed using these principles, through a modern interpretation of the Swedish army, we can categorise the present and future abilities of combat vehicles.
Hard Decisons, Soft Laws : Exploring the authority and the political impact of soft law in international law
The question of whether there is soft law in international law has been as much the subject of contemporary debate as whether or not there is private legal authority in the international society. The legal boundaries seem to be blurred by the process of globalisation and the recent shift in international law. The traditional definition of international law has been outdated as new forms of treaties has introduced new subject of law to the judicial arena. At the same time a supplementary map of law has been added to the cartography of international law, soft law. These correlating processes have comprehensive political and legal consequences at both the international and national levels.
Alldeles för byråkratisk? : En studie av Djurskyddsmyndighetens organisation
The purpose of this essay is to describe the organization of the Swedish Animal WelfareAgency during the time it was in operation. The Swedish Animal Welfare Agency was established in 2005 by the government who saw it as necessary in order to strengthen the protection of cruelty to animals in Sweden. However, the agency was shut down already in2007 and its responsibilities as an agency was moved back to the government and the department of agriculture. During its time in operation, the Swedish Animal Welfare Agency, received much criticism, among other things because of its interpretations of the law which were seen as too focused on details and thus ?bureaucratic?.
Jämkning av skadestånd och ansvarsförsäkringar
Damages have four main functions: reparation, placing of the costs, distribution of the losses and prevention. The rules about damages evolved before liability insurance had the extension it has today, 97 % of the Swedish populations is covered by liability insurance, since it is included in the comprehensive household insurance. Liability insurance should be looked at in the light of the damage rules, but the rules about damages are adapted to the insurance possibilities.The Law of damages contains, though the general adjustment article 6:2, the adjustment article 2:4 about children and the adjustment article 2:5 about the mentally ill, a possibility to adjust a non reasonable damage claim. If the liability insurance covers the damages no adjustment is made. Even when the adjustment articles are being used the damages is a heavy burden for the person who is liable for the damages.
Contra legem och in fraudem legis i svensk och tysk rätt
The legal conception of contra legem derives from Roman law and is translated into "against the law". A decision contra legem arises when the text of law and the legislators purpose of law are disregarded. A paradoxal consequence is that there will always be a decision contra legem, when the text of lawand the legislators purpose of law are contradictory. It is therefore important that decisions contra legem are based on legitimate motives to ensure law and order. In fraudem legis is another legal conception from Roman law and is translated into "evasion of law".
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.
"Sanningens ögonblick" : En uppsats om organisationsprinciper och deras betydelse för kundorienteringen hos folkbibliotek
In writing this study, I wanted to examine which principles of organization that are possible for Swedish public libraries to use, and what these principles mean for the libraries customerorientation. This is done by examining a number of written sources, as well as studying the organization of six public libraries. I found several possible principles, but a number of principles have been more commonly used than others. Historically most public libraries were organized according to the functions needed to be carried out within the organization, but today it is much more common to use subject-based organizations, with some examples of organizing according to user-groups and needs. I have also encountered the possibility of organizing according to the sources that are to be handled, or the way in which these sources are used by the customers.
Blankning i rättslig belysning
Shortselling and loan of shares are becoming a common complement to"traditional"trade in shares. To be able to lend shares, it is necessary to reregister the shares so that the shortseller is competent to sell these shares further. In a legal sense, the proprietorship of the shares has changed hands, though it is not obvious for those involved to see what happens to the prorietorship. The obscurity is principally whether a complete changeover of the proprietorship is made between those concerned. This essay makes clear which legal consequences loan of shares and shortselling get concerning the proprietorship, and how a conflict between the lender and the third party should be solved if the shortseller becomes bankrupt.
UDK Ett förslag till huvudklass 4.
The purpose of this master thesis is to examine a proposal for basic class 4 in UDC, which has been empty since 1964, and to pick out a negotiable subject for that proposal. The proposal is analysed from a theoretical perspective based on principles created by S. R. Ranganathan. Three principles are used.
När har juridiska personer beviljats förvärvstillstånd av lantbruksfastigheter?
The purpose of this report is to study when and why legal persons have been allowed to acquire agricultural properties.
The ownership of agricultural property is governed by the Land Acquisition Act. The reason for this is because they want to limit legal person owner-ship of agricultural properties. It is believed that a large proportion of pri-vate ownership is healthy and stimulating for the Swedish countryside.
There are some exceptions in which legal persons may be able to acquire. This is a review over decisions taken by the authorities. In this report I have studied purchases made between 2008 and 2010.
Förklaringsmisstag : - i ett elektroniskt sammanhang
The thesis hears content-error in relation to agreements closed by electronic means. The purpose of the thesis is to elucidate how the rules in 32 §(1) AvtL apply to agreements closed by such means and to evaluate its suitability. The elucidation is done on the basis of, the rules? adequacy in relation to their objectives in collaboration with a comparative view on a selection of international legal framework under private law, such as DCFR, UNCITRAL Model Law, UNIDROIT Principles and CISG.Since Sweden lack a specific regulation for electronically closed agreements, all modern closing methods will be evaluated from the dated outlook of the Swedish Contract Act. In relation to entirely automated processes which results in the closing of an agreement, particular difficulty arise in correlation with prerequisites, which requires a human stance.