Sök:

Sökresultat:

22 Uppsatser om Sociolological jurisprudence - Sida 1 av 2

Delaktighetens och inflytandets förutsättningar : En rättssociologisk studie om barnperspektiv i LSS

This is a sociological jurisprudence study which focuses on "child perspective" in Law of Support and Service with Certain Functional Impairments, LSS. The purpose of the study was to clarify the meaning of child perspective in LSS and analyze it in relation to practice. The study was conducted with mixed strategies combining qualitative and jurisprudential methods. Both LSS and Law of Social Welfare, SoL, were studied. Social workers from dirrerent muncipalities in Sweden were interwiewed.

Margin of Appreciation : en kulturrelativistisk doktrin?

With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.

Detnerad Demokrati : Den demokratiska freden i Irak, en möjlighet att börja om

With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.

I det fria ordets lag : En studie i fristadsprogrammets verksamhet och funktion

With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.

Sharia eller västerländsk jämställdhet? : Kvinnor i egyptisk lagstiftning

Sharia or western equality?womenin Egyptian legislationThe Islamic law (Sharia) in most of the countries in Middle East and North Africa has been the basis for modern laws which regulate issues such as marriage, divorce and inheritance. These laws (personal status law or family law) have been debated frequently in the last decades.There are those who consider personal status law (PSL) as unjust, male-biased and discriminating against women especially in the issue of divorce. On the other hand there are voices who call to go back to the Sharia, because muslims has to follow the islamic law and its values, they are universal as they claim. In this essay I try to enlighten these two points of view which can be found in the debate in Egypt.

"Trained to Empire, trained to rule the waves" : En jämförande analys mellan John le Carrés Tinker Tailor Soldier Spy och Tomas Alfredsons filmadaption

With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.

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.

Konkurrensklausuler i anställningsavtal : En rättsdogmatisk studie

 This essay aim to clear the regulations that adjusts the use of non-compete clauses in contracts of employement. The historical developement shows tendencies that more employees have contracts that includes non-compete clauses. This developement does not always correspond with what is allowed concerning these clauses. Non-compete clauses is adjusted by the regulations in the collective agreement known as the agreement of 1969. The agreement has also been accepted outside its regular field of application.

Dömd till döden : att forska om dödsdomar på Riksarkivet Marieberg

Archives can tell us many things about the past. The purpose of this guide is to facilitate the work of those who want to know more about the documents associated with death sentences. The guide gives a brief introduction to the history of the death penalty in Swedish legal history, to the legal process and to the judicial authorities. It also adresses the relationship between the various bodies and the relationship between law and jurisprudence. The guide presents primarily the archives of Nedre justitierevisionen and of Svea hovrätt.

VEM BEHÖVER SAMVETSFRIHET? : EN STUDIE ÖVER INFÖRANDE AV SAMVETSFRIHET I SVERIGE

Based on an analysis of the Swedish laws in the field of healthcare, the purpose of this essay in jurisprudence is to examine whether Sweden has a need to implement the new EU-resolution on abortion. The study is based upon legal sources such as official government reports (SOU) as well as words of an Act. The subject also deals with ethical standards and more community-oriented material, and texts from both these areas are also included. The Swedish laws in health care are extensive, but still put the patient first. Care givers are able to delegate their responsibility if it means good health care which is also a key word in the Swedish health care.

Artbrott -en institutionell bastard i gränsskiktet mellan statsvetenskap och juridik?

This paper deals with a partly new development in the Swedish law system, somewhere in the boundary between political science and jurisprudence. A new instrument -artbrott- has successively become more popular among lawyers and politicians. The new instrument -here translated to classified crimes- signifies that the perpetrator is sentenced to prison even though the seriousness of the crime committed is not in itself serious enough for such a consequence. The reason for this policy stance is to create a prevention against crime of that specific character among the public. The use of this instrument has grown considerably both concerning types of crimes as well as in application.

Kvantitativ Modellering av förmögenhetsrättsliga dispositiva tvistemål

I den här uppsatsen beskrivs en ansats till att med hjälp av statistiska metoder förutse utfallet i förmögenhetsra?ttsliga dispositiva tvistemål. Logistiska- och multilogistiska regressionsmodeller skattades på data för 13299 tvistemål från 5 tingsrätter och användes  till att förutse utfallet för 1522 tvistemål från 3 andra tingsrätter.  Modellerna presterade bättre än slumpen vilket ger stöd för slutsatsen att man kan använda statistiska metoder för att förutse utfallet i denna typ av tvistemål..

Kvinnliga advokater och information, ett genus- och kontextperspektiv

The primary aim of this thesis is to examine female lawyers' relationships to information from different angles. The starting-point is that the legal information, retrieved from through different information sources, is not free from values and subjectivity. The commonly presumed objectivity of legal information is questioned, based on the fact that this kind of information has developed and changed historically in the context of, and in relation to, society. Another aim is to find out how the female lawyers experience their situation in a traditionally masculine working environment. Qualitative interviews have been carried out with seven female lawyers involving questions about their daily work about the sources that they are using.

Arbetsmiljöarbete och ansvarsförhållanden enligt arbetsmiljölagen

This study deals with work environment from a legal perspective. The study includes legislative history, legislation today and one empirical study. The legislation that concerns work environment (health and safety) in Sweden today is found in the Swedish Work Environment Act (WEA), the Work Environment Ordinance (WEO), Provisions issued by the Work Environment Authority, related legislations and also collective agreements. The WEA, passed by the parliament in 1977, came into force on the 1st of July 1978 and it defines the framework for Provisions issued by the Work Environment Authority, which is an authority superintended by the Swedish government. These Provisions contain more detailed stipulations and obligations with reference to the working environment.

Frihandeln - endast ett spel för galleriet?

During the summer of 2005 more than 80 million articles of clothing from China, were being held in European harbours. This was a consequence of a striking increase of imported textile and clothing articles from China since the turn of the year, which was the time when all quantitative restrictions were extincted on these products. To protect its own market, the EU therefore reintroduced import quotes in the beginning of the summer. China?s accession agreement to the WTO comprehends a number of unique provisional regulations which are exceptional for the country and in conjunction with clauses and exceptions within the GATT and WTO these regulations enabled new restrictions on the trade with textiles and clothings.

1 Nästa sida ->