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5183 Uppsatser om Legal sociologist perspective - Sida 2 av 346
Värvningsförbud av anställda och konkurrensbegränsande samarbeten
This thesis focuses on employers? use of non-?solicitation of employees in commercial contracts within the union?s internal market and how this can result in restrictive practices in violation of European law. Using legal method, legal economic considerations, and guidance from modern American legal development in antitrust law, this thesis is aiming to investigate how this kind of anticompetitive cooperation in the European labor market should be assessed. The result seems to be that despite a distinct and pronounced restrictive approach to the application of EU competition rules in the labor market, there are strong incentives and not any legal impediment to apply Article 101 TFEU on no cold call agreements between employers. .
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.
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.
Att göra affärer i Kina - rättsligt skydd i lagen och i verkligheten
This thesis looks at the difference between the legal protection in law and the legal protection in reality when a small company working with international trade comes in contact with seller's breach of contract. The thesis uses a case taken from a company with over 30 years experience trading with China and looks at the legal protection available along with the different possibilities of dispute resolution available to a company and then looks at the reasons why this legal protection never becomes a reality and the thesis also analyses some possible reasons for this gap between law in the books and law in reality..
När elev och vårdnadshavare blir-de andra
One of sociology´s to assess the effects of political decision. According to sociologist Anders Persson the society is changing, and in that change social fear appear. In the reaction of social fear some people are being excluded. In that more narrow frame for normality laws are created that makes some parents and their children ?the other?.
När elev och vårdnadshavare blir-de andra
One of sociology´s to assess the effects of political decision.
According to sociologist Anders Persson the society is changing, and in that
change social fear appear. In the reaction of social fear some people are being
excluded. In that more narrow frame for normality laws are created that makes
some parents and their children ?the other?. Nine years ago the sociologist Eva
Kärfve published a book that was very critical to the newborn psychiatrics
diagnosing of children as a way of segregating groups in society.
Människovärdet och de mänskliga rättigheterna : En analys av tre perspektiv på människovärdet och de mänskliga rättigheterna
AbstractThis study is a critical analysis of three different views on human dignity and its function in the discourse of human rights: that of Christopher McCrudden, Jürgen Habermas and Elena Namli. The three positions are interpreted, analyzed and compared in order to see which is most reasonable.The conclusion is that Habermas?s and McCrudden?s view of human rights as legal reduces human dignity to a legal concept. Namli?s perspective of human dignity as a moral principle generates a wider understanding of human dignity and its function.
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.
Den europeiska arresteringsordern : ett rättssäkert förfarande?
The European union started as an area of economic cooperation, but has developed into an area of cooperation in many legal fields. There are these days even cooperation when it comes to dealing with criminals. There is a new procedure called the European arrest warrant which goal is to make the extradition of criminals between the different member states in the European union more efficient. Sometimes when a state receives a European arrest warrant they have to extradite the person in question without doing any investigation of their own. The procedure is based on the principle of mutual recognition.
"The Machine Made Me Do It!" : An Exploration of Ascribing Agency and Responsibility to Decision Support Systems
Are agency and responsibility solely ascribable to humans? The advent of artificial intelligence (AI), including the development of so-called ?affective computing,? appears to be chipping away at the traditional building blocks of moral agency and responsibility. Spurred by the realization that fully autonomous, self-aware, even rational and emotionally-intelligent computer systems may emerge in the future, professionals in engineering and computer science have historically been the most vocal to warn of the ways in which such systems may alter our understanding of computer ethics. Despite the increasing attention of many philosophers and ethicists to the development of AI, there continues to exist a fair amount of conceptual muddiness on the conditions for assigning agency and responsibility to such systems, from both an ethical and a legal perspective. Moral and legal philosophies may overlap to a high degree, but are neither interchangeable nor identical.
GMO Food Products - The issue of marketing and selling them in Europe.
Title: GMO Food ProductsThe issue of marketing and selling them in Europe - A Business and Legal Perspective.Author: Shane KingSupervisors: Anneli Carlsson and Ewa RabinowiczProblemThe European Unions regulations in regard to GMO?s and the approval process for both release into the environment, and onto the market, has been under fire by the USA along with Canada and Argentina. The WTO has ruled on this issue in favour of USA et al.The problem that was identified was in regard to consumer opinion in the EU. How could the EU meet its numerous international trade obligations while at the same time meetingthe needs of the citizens of the Union? Added to that was the issue of whether or not the?EU? perspective was indeed an EU perspective or rather the perspective of a fewMember States.
Företags investeringsutgifter för datorprogram : en inkomstskatterättslig analys
The legal situation of companies costs for investing in computer software in an income tax law perspective is described by a tax law guidance that generelly acount these costs according the principles of research and development. If there is any reason to classify the costs differently, it could mean that immediate deduction not will be allowed. For this reason it is important to establish what the legal situation would be in a more nuanced tax law classification. The tax law categories that will be analysed in the thesis are research and development, inventories, intangible assets, stocks and ongoing projects. The purpose of this thesis is mainly to give examples of what such an income tax law classification can look like.While dealing with the problems of classifying the costs some situations of competition will occure.
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.
Traditionsprincipens betydelse i svensk rätt
The doctrine of traditio is the main rule for the buyer?s protection against the sellers?s creditors in the Swedish legal system. This means that the buyer have to take physical possession of the property in order to be protected against the sellers?s creditors if the seller becomes bankruptcy or is hit by an execution. If instead the doctrine of consensus applied the buyer is protected as soon as a valid contract is formed.
Den svenska biblioteksersättningen ur författarnas perspektiv
rspective [123][pdf.gif] The aim of this thesis is to study the Swedish Public Lending Right PLR from the authors perspective. I investigate what the Swedish authors of today think about the system for distributing the money in the Authors trust Författarfonden, and in what ways they want to change it. I also try to distinguish the authors thoughts about how the scolarships from the Authors trust are distributed. What kind of authors do they think are favoured when the money is distributed and what kind of authors are treated unfairly. Finally I investigate how the money is shared out in reality by using some of the literature sociologist Johan Svedjedals theories of the distribution, and compare these facts with the authors thoughts about how the money is distributed.