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879 Uppsatser om The principle against the abuse of right - Sida 1 av 59
Principen mot rättsmissbruk inom det svenska mervärdesskatteområdet: är det hållbart?
The VAT Directive (2006/112/EC) does not regulate Member States? opportunities to intervene against tax evasion. The European Court of Justice has clarified the situation in case C-255/02 Halifax. This case establish that the universal principle against the abuse of rights applies to VAT, which means that Member States have the opportunity to redefine transactions not involving a breach of law but nevertheless goes past what the legislature envisaged at the introduction of the provision.A debate has risen as to whether The principle against the abuse of rights is equally ap-plicable in Swedish domestic law on VAT. The administrative court of appeal in Go-thenburg, Case No.
Why be an Eleatic Stranger?
In the last two decades something called ?the Eleatic Principle? has been quite frequent in philosophical literature. A wide range of philosophers have appealed to this principle when arguing for varioustheses but the principle itself has received comparatively little attention. Especially questions regarding the principle's justificationare often ignored or only mentioned in passing. The aim of this paper is to remedy this situation somewhat by focusing on how it could be justified.In section 2 I give an overview of the various ways in which the principle has been used to clarify just what we are dealing with here.
Vad är vanvård? : - En kvantitativ studie om omsorgspersonalens kunskap om och inställning till lex Sarah och vanvård
Media has reported frequently about elder abuse in Sweden during the year of 2011. The authors have found an interest in elder abuse due to the attention about it and the law about the duty to report elder abuse, which is called lex Sarah. The aim was to investigate, due to quantitative method with surveys, the care givers tolerance to elder abuse, attitude and knowledge about lex Sarah. The result of the thesis was analyzed based on two theories, Lipsky?s street-level bureaucracy as well as Svensson?s, Johnsson?s and Laanemets? theory about knowledge.
Psykiska övergrepp inom äldrevården
Background: Physological abuse consists of threats, harassment, humiliation, telling off, refuse to talk, social isolation, abandonment as well as attitudes that lead to a feeling of insecurity and desperation. Institutional elder abuse is very elusive and an overall picture is still considered missing.Aim: The purpose of this essay was to review psychological abuse within the elderly care.Method: This essay is based on a literature study with systematic search.Result: This article review led to main categories and the result of the study is presented after these. The first ones gives a picture of the kind of psychological abuse that occured within the the elderly care. The second one deals with the possible explanations for psychological abuse within elderly care. The result showed that verbal assault was the most common form of psychological abuse against elderly.
Ekonomiskt utnyttjande av äldre i nära relationer : en kvalitativ studie
The purpose of this study was to inquire how social workers perceive and describe financial abuse of older persons. Six qualitative interviews were carried out and the assembled data was then categorized and analyzed using a theory considering exercise of power and ageism as a theoretical frame. Previous research has shown that at least 10% of older persons have been exposed to some form of abuse or violence; however, there is a lack of research carried out in a Swedish context regarding financial abuse specifically. The six persons interviewed in this study all presented financial abuse as some kind of violence and as previous research has shown the study suggests that this is an increasing problem. Further research ought to be carried out to increase the awareness of this particular form of abuse and to facilitate discovery and development of measures to prevent financial abuse of older persons.
Unga män som har begått sexuella övergrepp : - En studie om orsaker och behandling
Young men who commit sexual abuse is a complex topic. This study is based on litterature on the subject and the material is processed through a qualitative content analysis. The study aims to study how the litterature describes the reasons why young men commit sexual abuse. It also aims to explore what is described to be effective treatment of young men who committed sexual abuse. The study found that most of the young men who commit sexual abuse comes from families where violence and psycohological abuse occurs. Many have themselves been victims of sexual abuse.
Demokratins avgränsningsproblem : En kritik av det kosmopolitiska demokratiidealet
The aim of this paper is to examine whether the theory of cosmopolitan democracy provides a satisfactory solution to the boundary problem in democratic theory. I argue that David Held's version of cosmopolitan democracy rests on two incompatibleprinciples: the all-affected principle and the all-inclusive principle. However, the theory does not need to presuppose both these principles; it requires only one of them.Furthermore, I try to show that both of these principles fail to provide an adequate solution to the boundary problem. The all-inclusive principle suggests that all citizens of the world should be included in a global democratic unit. I argue that such an ideal is not desirable since it conflicts with the principle of subsidiarity and withdraws from regional political communities their sovereignty.
Föräldrars missbruk och barnets bästa : en dokumentanalys av LVU-mål
The aim of this essay was to examine how the decision-making in LVU cases are motivated in the judicial decisions. How has the principle of whats in the best interest of the child been noticeable in these judicial decisions and how are the child's needs and the consequences for the child of the drug abuse been described? When the parents have been judged to have given a non acceptable consent, how have they been described and how has the parents described the situation?Our research is of a qualitative nature, a document analysis of judicial decisions in LVU cases. We analyzed eight court cases containing decisions from County Court, Fiscal Court of Appeal and The Supreme Administrative Court.Our results showed that parents were described in the judicial argumentation as negative stereotypes and a picture of unreliability were created. What was best for the child were not expressed in words but woven into the children's needs and in most cases the consequences of the abuse of drugs were not made clear..
"...men en berusad kvinna är värre!" En studie om arbetslivets attityder kring mäns och kvinnors missbruk utifrån ett genusperspektiv
Working life is an arena that often reflects attitudes that already exist in our society. When alcohol- and drug abuse is detected among employees the employer has a statutory responsibility for rehabilitation. But the way how these employees gets to be treated is also influenced by attitudes. The purpose of this essay was to illustrate from a gender perspective how women's and men's alcohol- and drug abuse occur in working life and how the attitudes in our society towards their abuse reflect on trade life. Referring that, our intention was also to examine which consequences are given of how the individual is treated.
Operation Moked : Sexdagarskriget ? Överraskning inom de israeliska luftoperationerna
The research regarding the six day war and the aerial operations named Operation Moked is extensive but there are certain shortcomings in the research that examines both the operation and the principle of surprise.The aim of this paper is to contribute to this research by utilising existing military theories on the principle of surprise in order to identify indicators that are representative of surprise. These indicators are thereafter used in a study of Operation Moked in order to examine the extent of in which the principle was utilised.The result of this research goes to show that the principle of surprise was utilised in great extent by Israel during Operation Moked..
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.
Jag valde livet! : En studie av alkoholisters olika vägar ut ur alkoholmissbruk
The purpose of this essay was to find out what alcoholics themselves mean were the way out of their drinking abuse.The questions at stake are:· What kind of context did the interviewed live in before and after the turning point?· How did the process of getting out of the alcohol abuse look like?· What different factors may have influenced the turning point, the maintenance and the interviewee's choice to stop the abuse of alcohol?· Where there any other important occurrences that may have had an impact on their decision to stop drinking?For the investigation we have interviewed three women and five men. They all have had sever problems with alcohol, but all of them also have found a way out of the abuse.Our research shows that the way out of alcohol abuse is very complex and individual. The turning point is rather a process than a single occurrence. Our research also shows that the interaction between the alcohol and important individuals in their immediate surroundings are the absolute most important factor to stop using alcohol in a destructive way but also important when it comes to maintaining soberness..
I strid med lagstiftningens syfte : En analys av det fjärde rekvisitet i skatteflyktslagens 2 § utifrån legalitetsprincipen
Under Swedish tax law; the general clause in the Tax Avoidance Act is a method to prevent tax evasion. The purpose of the general clause is to prevent any tax avoidance procedures that the legislator has not been able to foresee. For the general clause to be applicable, four prerequisites need to be met. This thesis analyses the fourth prerequisite based on the principle of legality. The prerequisite concludes that a determination of the tax base, based on the procedure in question, is in conflict with the purpose of the legislation.
Förklaringsmodeller och behandlingsmodeller kring mäns våld mot kvinnor : En litteraturstudie
Young men who commit sexual abuse is a complex topic. This study is based on litterature on the subject and the material is processed through a qualitative content analysis. The study aims to study how the litterature describes the reasons why young men commit sexual abuse. It also aims to explore what is described to be effective treatment of young men who committed sexual abuse. The study found that most of the young men who commit sexual abuse comes from families where violence and psycohological abuse occurs. Many have themselves been victims of sexual abuse.
Ett tyst rop på hjälp : en litteraturstudie om hur sjuksköterskan kan identifiera barnmisshandel
Background: Corporal punishment has been banned in Sweden since 1979. Child abuse is known to exist in all cultures and social classes in our society. Therefore the nurse must be aware of this working with children.Aim: The aim of this study was to describe how nurses' can identify signs and symptoms of child abuse.Method: A literature review of ten articles containing six quantitative and four qualitative studies published between the years of 2000 and 2012. A content analysis was performed where similarities emerged in themes and subthemes.Results: The findings were signs and symptoms which concerns physical, psychological and social behaviors seen in child abuse. Additional findings were; an insecurity and lack of knowledge among nurses working with children.