| 21. |
- Bladini, Moa, 1979, et al.
(author)
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Autonomy and Beyond – Voluntariness in the Light of Lived Autonomy
- 2021
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In: Retfærd. Nordisk Juridisk Tidsskrift. - 0105-1121. ; 44:3 & 4 /170, s. 35-49
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Journal article (peer-reviewed)abstract
- In this article, we aim to introduce and discuss the use of an everyday life-based understanding of autonomy that recognises the fact that a person’s autonomy is constantly changing, rather than stuck in given categories. We call this understanding of autonomy lived autonomy and suggest it be used as an analytical tool in legal research. We use a flower to symbolise the lived aspect of autonomy to underline how autonomy is constantly changing and thus demonstrate that person’s autonomy is elastic. A person’s autonomy can be diminished or expanded over time due to relational, time and spatial boundaries, i.e., everyday life that consists of an endless variety of aspects. Inspired by Smith, we use the concept of everyday life perspective to capture the human being as a subject rooted in everyday life. In addition to Smith’s daily routines and activities, we add cognitive and bodily memories, as well as symbols, patterns, knowledge and experiences. These are aspects of everyday life that we use as active subjects to express, for example, will, desire and needs. These aspects, perceived as well as inherited and shared memories, knowledge and experiences, can also be obstacles to expressing our will, desire or need. The concept is described and developed with the new consent-based regulation of rape as an example, in particular in relation to the criterion of voluntariness. The article starts by placing the concept of autonomy in a broader context and introduces autonomy as a concept in philosophical and legal theory, followed by a feminist critique of the traditional liberal understanding of autonomy. Then, the everyday life perspective is introduced to develop the understanding of the concept, from the traditional one towards an everyday life-based understanding of autonomy, lived autonomy. As an example of how lived autonomy can be used as an analytical tool in legal research, we apply the concept in relation to the new requisite of voluntariness in the Swedish rape legislation that came into force July 2018. Additionally, the everyday life-based understanding of autonomy also has a communicative function, and as such, the concept serves as a link between the local context and at the same time as part of an international academic debate of one of the core issues of within legal scholarship. But also, as a link between law and reality in both local and global perspective.
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| 22. |
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| 23. |
- Brännström, Leila
(author)
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Embodying the population: Five decades of immigrant/integration policy in Sweden
- 2015
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In: Retfærd: Nordisk juridisk tidsskrift. - 0105-1121. ; 38:3, s. 40-61
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Journal article (peer-reviewed)abstract
- This article investigates the historical development and transformation of Swedish integration policy, including its predecessor immigrant policy, as a “biopolitics of the population”. “Biopolitics of the population” refers in this article to all governmental interventions targeting the population, or parts of it, with a view to producing a collective body of a particular quality and identity. Swedish integration policy is thus analyzed in order to answer questions such as: how has the population been embodied over time? How has the Swedish grammar of multiplicity and fragmentation changed? Which groups within the population have been considered to be in need of incorporation? Why has the attachment of these groups to the collective body been seen as precarious and/or questionable?
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| 24. |
- Brännström, Leila
(author)
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Rättens återgång och återkomst?
- 2010
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In: Retfærd: Nordisk juridisk tidsskrift. - 0105-1121. ; 4:131, s. 15-40
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Journal article (peer-reviewed)abstract
- Syftet med denna artikel är att mot bakgrund av Michel Foucaults föreläsningsserier vid Collège de France från senare delen av 1970-talet bidra till diskussionerna om innebörden, och riktigheten, av hans tes om att rättens betydelse för den offentligt sanktionerade maktutövningen har avtagit i modern tid. Undersökningen av denna tes inbegriper även ett klargörande av Foucaults förståelse av rätten, en utredning av den roll som Foucault tilldelar rätten i den offentligt sanktionerade maktutövningen samt en utforskning av förhållandet mellan rätten och de kunskapsunderstödda maktutövningsmönster som enligt Foucault har blivit allt viktigare för den offentligt sanktionerade maktutövningen på bekostnad av rätten. Artikeln har som ambition att bidra till att tydliggöra de sätt på vilka Foucaults analyser av maktförhållanden kan användas för att studera rätten och den rättsliga diskursen.
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| 25. |
- Brännström, Malin, 1973-
(author)
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Court proceedings to evaluate the implementation of Sami land rights in Sweden
- 2018
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In: Retfærd. - : DJØF Forlag. - 0105-1121. ; :2, s. 32-45
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Journal article (peer-reviewed)abstract
- In 1981 the Swedish Supreme Court stated that Sami land rights are based on the longtime use of land and that these rights are to be regarded as property protected by the Swedish constitution. It is thereby elucidated within the Swedish legal framework that Sami land rights are private property rights. This was also confirmed through an amendment in the Reindeer Herding Act in 1993. However, Sami land rights are primarily interpreted and protected through other land use statutes. It has been concluded that Sami land rights have not been implemented properly in the Forestry Act, which regulates forestry management. nstead, reindeer herding is primarily regarded as a public interest that needs to be considered when logging is planned and executed. In the balancing with timber production as another public interest, reindeer herding is considered as less important and must yield. Consequently, severe damages are accepted on the grazing lands without the consent of the Sami or financial compensation being payed. It has been concluded that the regulation does not comply with the constitutional protection of property. Several public inquiries have proposed changes in the Forestry Act to better reflect Sami land rights. However, no amendments have been enacted, due to strong opposing interests. This political failure to implement Sami land rights will most likely result in juridical proceedings where Sami argue that Sami land rights are not protected in compliance with constitutional requirements. The article discusses legal aspects that should be considered when courts evaluates the implementation of Sami land rights.
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| 26. |
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| 27. |
- Börjesson, Mikael, et al.
(author)
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The Social Profile of Swedish Law Students : National Divisions and Transnational Educational Strategies
- 2006
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In: Retfærd. - 0105-1121. ; 29:3/114, s. 80-107
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Journal article (peer-reviewed)abstract
- The current trend of changing strategies among individuals, social groups and educational institutions in higher education is not only determined by, but is also contributing to the so called globalisation and internationalisation processes. This is especially clear in the case of legal education, which is greatly affected by these processes whilst playing an important part in the related development of professional careers, competences and skills. This paper explores the dispersion of Swedish students, and especially law students, on different programmes and courses, and the significance of studies abroad and international connections. One conclusion is that law studies abroad contribute significantly to the domestic social differentiation among individuals, social groups and educational institutions, whereas only a small number of those is capable of taking part in the competition on foreign or international arenas.
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| 28. |
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| 29. |
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| 30. |
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