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324 Uppsatser om Supreme Court - Sida 14 av 22
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.
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.
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.
Den manliga f?r?varen och det kvinnliga offret - En kvalitativ dokumentanalys om hur kvinnor och m?n framst?lls i misshandelsdomar
The equality principle, enshrined in the Swedish Constitution, states that everyone is equal before the law. However, previous research indicates that judgements are influenced by conceptions of gender and sex. The purpose of this study is to examine how women and men are portrayed in judgements regarding assault crimes. This study will be conducted through the lens of social constructivism, gender theories by Judith Butler and Yvonne Hirdman and the theory of ideal victims and perpetrators. This study is a document analysis based on 28 assault judgements, involving 14 female and 14 men defendants decided by the district court in 2024.