| 1. |
- Hallengren, Anders, 1950-
(författare)
-
The code of Concord : Emerson's search for universal laws
- 1994. - 1
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The purpose of this work is to detect a pattern: the concordance of Ethics and Aesthetics, Poetics and Politics in the most influential American thinker of the nineteenth century. It is an attempt to trace a basic concept of the Emersonian transcendentalist doctrine, its development, its philosophical meaning and practical implications. Emerson’s thought is analyzed genetically in search of the generating paradigm, or the set of axioms from which his aesthetic ideas as well as his political reasoning are derived. Such a basic structure, or point of convergence, is sought in the emergence of Emerson’s idea of universal laws that repeat themselves on all levels of reality.A general introduction is given in Part One, where the crisis in Emerson’s life is seen as representing and foreshadowing the deeper existential crisis of modern man.In Part 2 we follow the increasingly skeptical theologian’s turn to science, where he tries to secure a safe secular foundation for ethical good and right and to solve the problem of evil.Part 3 shows how Emerson’s conception of the laws of nature and ethics is applied in his political philosophy.In Part 4, Emerson’s ideas of the arts are seen as corresponding to his views of nature, morality, and individuality.Finally, in Part 5, the ancient and classical nature of Concord philosophy is brought into focus.The book concludes with a short summary.
|
|
| 2. |
- Perry, Elizabeth Stuart, 1975-
(författare)
-
Child Support Law in California and Sweden : a Comparison Across Welfare State Models
- 2019
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Ensuring just distribution of and adequate funding for children whose parents do not live together is a global legal challenge. It affects many families as well as every legal jurisdiction’s welfare state and family law.This comparative study describes child support legal solutions in two jurisdictions, California (a liberal welfare state) and Sweden (a social democratic one). Analyzed are the similarities and differences in these states’ legal responses to the inequalities child support law functions to alleviate, and the implications for child support theory and practice in these and other jurisdictions.Micro-comparative chapters demonstrate how the jurisdictions’ regulations differ by analyzing children’s rights and needs and parents’ duties and abilities to pay, each as defined in the child support law. Also compared are procedural laws enforcing child support rights and duties in private and public law cases.Macro-comparative chapters draw a comparative portrait of two welfare state ideological and family law child support approaches, both aiming to reduce inequalities, in terms of how their child support laws and welfare states have defined and addressed the best interests of children and society at large.Most of the differences in the laws and their interpretations are found to reflect the welfare state ideals of the two societies including their ideal models of the family and of individuals’ relationships to the state. Ideals for judicial and negotiated family law conflict resolution also play a significant role.Analyses of the differences include comparison of the jurisdictions’ (1) histories, (2) legal principles and traditions, (3) gender equality ideals and realities and (4) income equality ideals and realities, all as related to legal child support rights and duties.The study provides a better understanding of some of the weaknesses within these regulations, and also of the child support system design choices they represent. Weaknesses in child support laws arise not just from confusions over how to prioritize conflicting interests directly regulated by the legal rules, but also how to prioritize those interests given conflicting ideals of the state and the family, both between and within these societies. Despite the different ideals influencing both systems’ solutions, elements of each jurisdiction’s experience have potential to inform the other’s further development.
|
|
| 3. |
- Vargas Falla, Ana Maria
(författare)
-
Outside the Law : An Ethnographic Study of Street Vendors in Bogotá
- 2016
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Millions of people worldwide work outside the law as street vendors in order to earn a living. However, they often work in fear of police evictions and confiscations since their work is in many places considered illegal. In this context, formalization (steps towards legalization) is often portrayed as a model for empowerment that allows poor street vendors to improve their well-being. Formalization, as a model to manage street vending, is widely promoted by various international development organizations. While important, studies of formalization show that street vendors often resist state control, and the majority continues to work outside the law.The main research question guiding this study is: how does formalization of street vendors in Bogotá enable and/or hinder their well-being? To examine this question, this study uses an ethnographic approach and the concept of social control within the tradition of sociology of law. The data for this study was collected through ethnographic fieldwork conducted between 2012 and 2014 in the city of Bogotá, Colombia. Three groups were studied: vendors within the transitional zones (a formalization program), two rickshaw driver associations, and itinerant ice cream vendors. The main findings illustrate that although street vendors work outside the law, they do not operate in a state of chaos or anarchy. Quite the opposite, law and other forms of social control are present in their work. These practices of control often affect their well-being. Despite harsh working conditions, well-being according to them means more than economic survival, and often, street vendors strive to improve their lives and gain independence in their work. Another finding is that formalization is often directed toward the more established vendors and does not account for the fact that new individuals arrive on the streets every day trying to make a living. Often, the most vulnerable groups (immigrants, women, the newly unemployed) lack the time and knowledge to formalize or simply are not targeted in formalization programs. Without a deep understanding of how social control already operates, the state runs the risk of developing formalization initiatives that undermine the well-being of the most vulnerable groups. Thus, this study of everyday forms of social control provides empirically based insights into the ways law influences the lives of those working outside the law.
|
|
| 4. |
- Englund, Oskar, 1982
(författare)
-
On Sustainability of Biomass for Energy and the Governance Thereof
- 2016
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Due to concerns about climate change, energy security, and resource scarcity, non- renewable resources are increasingly being displaced by biomass. As with most human activities, the production of biobased products can be associated with negative impacts. Primarily, this relates to the biomass supply systems, i.e., agriculture and forestry, which currently are major causes of biodiversity loss and degradation of ecosystem services. Developing sustainable production systems when transitioning from non-renewable resources to biomass is imperative. This thesis aims to clarify the meaning of sustainability in the context of biomass for bioenergy, and contribute to our understanding of how different forms of governance can promote sustainably sourced biomass for bioenergy. The thesis is based on five appended papers: Paper I analyses to what extent, where, and under what conditions oil palm for biodiesel in Brazil can be produced profitably, and what risks and opportunities that can be associated with introducing large-scale oil palm production in Brazil. Paper II lays the foundation for understanding how new biomass production can be introduced into landscapes while supporting rather than compromising the ability of the landscape to supply other ecosystem services. Paper III describes different forms of governance and shows how these can play different roles in promoting sustainable bioenergy in different countries. Paper IV focuses on how short rotation coppice production systems are affected by EU policy and how different governance forms can assist in adapting production systems to conform to the corresponding sustainability requirements. Finally, Paper V assesses how sustainability certification (private governance) addresses biodiversity conservation and contributes to our understanding of possible improvements.
|
|
| 5. |
- Pettersson, Andreas, 1973-
(författare)
-
Out and about in the welfare state : the right to transport in everyday life for people with disabilities in Swedish, Danish and Norwegian law
- 2015
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The aim of this thesis is to identify how a social citizenship for people with disabilities is shaped bythe normative structures in the Swedish, Danish and Norwegian law governing their right to transportin everyday life. The thesis deals with three types of transport provided by the public to private individuals: transport services, car allowances, and cash benefits for reimbursing transport costs forpeople with disabilities. For each provision, the focus of the study is directed by the followingquestions:– Is there a rights/duties relationship between the public and the individual? Who is eligible forprovision? How does public funding impact entitlement? Who is obliged to provide? What are thelegal guarantees for entitlement?Despite objectives within Nordic law and policy that people with disabilities should be compensated for their impairments, and allowed to lead independent and autonomous lives, the results from the thesis show that the various transport provisions do not fully realize this. The legal relations between the public and those with needs for transport in their everyday lives are characterized by control, scrutiny and questioning. In order to protect the public budgets from costs, the eligibility criteria in the law are so constructed as to ensure that only certain needs for transport, and only some impairments, can meet them. The national, regional and municipal governments, and the administrative courts, subject people with disabilities to intrusive inquiries regarding personal details and other circumstances in their lives, in order to be able to judge which needs for transport are to be considered legitimate and which are not.The thesis shows that the individual rights to, especially, Swedish and Norwegian transport provisions are poorly protected against political decisions to cut funding. Local and regional self-governance isan interest that always competes with individual legal rights and make them weaker, irrespective of whether these rights can be appealed in administrative courts.The conclusion in the thesis highlights how a social citizenship is shaped in the law governing the right to transport for people with disabilities, and that this social citizenship does not reinforce independence and individual autonomy for those who are dependent on the various provisions tomeet their needs for transport in their everyday lives.
|
|
| 6. |
- Söderasp, Johanna, 1982-
(författare)
-
Law in Integrated and Adaptive Governance of Freshwaters : A Study of the Swedish Implementation of the EU Water Framework Directive
- 2018
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Water is essential for sustaining life and providing ecosystem services for different human needs. In 2000, the European Union Water Framework Directive (WFD) was adopted against the background of increasing pressure on the waters of Europe. With the WFD, a new approach to governing freshwater resources within the Union was introduced, aimed at facilitating a shift from fragmented and sectoral water policies to a more holistic, integrated and adaptive governance system at the hydrological scale of river basins. This thesis has examined the Swedish implementation of the directive, with a primary aim to determine whether the Swedish formal institutional framework and water administration are sufficient to fully implement the freshwater governance model provided by the WFD and achieve the environmental results prescribed. The thesis consists of two main parts, where the first provides the contextual framework for the thesis, and the second part consists of four appended papers, which all in different ways contribute to achieving the overall purpose of the thesis. The thesis is founded on legal analysis and qualitative text interpretation of various sources of law, with emphasis on the analysis of national law in light of the WFD as well as EU legal principles and case law developed by the CJEU.The results show that the Swedish freshwater governance system and formal institutional framework encompasses opportunities as well as barriers for implementing the WFD. The governance arrangements reflect the hydrological requirement of the directive, and the Swedish system holds good opportunities for participation in decision-making procedures as well as adaptive potential, as the general legal framework for environmental and water law contains a relatively high degree of flexibility or adaptable rules.However, when analysing the Swedish freshwater governance system in light of four key functions (objectives and direction; administrative structure; adaptive capacity; and control and enforcement) identified in this study as crucial for the formal institutional framework to deliver in such integrated, adaptive and multi-level governance systems the WFD represents, the results reveal that central aspects of all four key functions are missing in the Swedish system. Due to these shortcomings, the overall conclusion is that no full regime shift towards the hydrological, adaptive and integrated system of the WFD has occurred in Sweden; the system for water planning and governance is not clearly reflected in the formal institutional framework nor sufficiently underpinned by the administrative structure at national level. Ten different proposals are presented to remedy the shortcomings.
|
|
| 7. |
- Jers, Johanna, 1983-
(författare)
-
Ett gemensamt styrelserum : rättsliga förutsättningar för att åstadkomma en jämn könsfördelning genom kvotering
- 2022
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Many countries have set political goals in order to achieve an equal gender balance on company boards. A common intervention to reach these goals is the introduction of mandatory quota rules. The overall purpose of this doctoral thesis is to study legal obstacles and legal possibilities that arise in the conflict of interest between gender equality and autonomy for corporations [Gesellschaftautonomie], when a Member State such as Sweden adopts a mandatory quota rule to achieve an equal gender balance on boards of companies listed on the stock market [aktiemarknadsbolag].The study analyses different types of regulatory models – legislation and corporate self-regulation – based on mandatory quota rules. First, the study addresses if a limitation of constitutional rights such as the protection of property and non-discrimination can be constitutionally permissible in this context. Second, the study examines legal support within EU law for a Member State such as Sweden to introduce mandatory quota rules to achieve an equal gender balance on boards of companies listed on the stock market. Measures undertaken to effectuate such a limitation need to be rationally connected to and necessary to the fulfilment of a permissible purpose to be legally justifiable. Third, therefore, the study explores whether a mandatory quota rule in order to achieve an equal gender balance on the boards of companies listed on the Swedish stock market can be justified. Fourth and finally, it is analysed whether such measures can be effectuated while still upholding the general principles of corporate law.Findings include that the effect of a quota rule would, in the Swedish context, probably be the same regardless of whether legislation or corporate self-regulation would be relied upon as the mechanism to achieve an equal gender balance on company boards. However, a regulatory model introduced by the stock market’s regulators in the listing agreement would probably not meet as much critique as a state-initiated regulatory model.
|
|
| 8. |
- Friis, Eva
(författare)
-
Sociala utredningar om barn : En rättssociologisk studie av lagstiftningens krav, utredningarnas argumentationer och konsekvenser för den enskilde
- 2003
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis is about the social services’ investigations into childrens need of protection and support. The principal purpose is, from a critical perspective, to analyse and discuss how the legally-accorded procedural directives for the execution of an investigation, and therein the integrated support and counselling work, are adapted in the social services’ actual investigation work in relation to the parents.The issue is illustrated through an in-depth analysis of three case documents as a basis for an application in the county administrative court for compulsory care in 1997. For analytical purposes two elements are distinguished: 1) The investigation as part of a decision process constitutes an argumentation process which affects how the family’s problems and the child’s need of care may be defined. 2) The investigation as part of a counselling process constitutes a social intervention which affects the parents’ capacity to act as parents and individuals. The study is looked at from a socio-constructionist perspective which concerns itself with how the law is applied in the interaction between the executor of the law and the individual in daily reality, as well as an analytical method which considers various social factors’ significance in the way in which the law is actually applied.The analysis is based on two premises: 1) The investigator is placed in a rhetorical situation and must formulate his/her argumentation in the investigation in such a way as to be able to influence the court to decide in favour of the investigator’s standpoint. 2) The parents are placed at a disadvantage since the investigator has control over both the counselling resources and means for coercion and the investigation’s structure, content and information flow.The analysis demonstrates that the investigator’s power of authority is used repressively against the parents. This may be seen not least in the form of a suppression of the parents’ own definitions of the problem and suggestions for solving this problem, a biased focusing on the negative aspects of the parents as well as, by classifying the parents as either “treatable” or “untreatable”, an exclusion of certain parents from means of support and counselling. The results illustrate the need for a legal reinforcement of the parents’ position in the investigation. Yet the repression is also partly linked to a standardised range of measures which do not allow for tailor-made solutions to the complex cases often involved, and partly insufficient material resources which necessitate a system of priorities wherein the most resource-demanding parents are excluded from the procedural system. Consequently, if the social services are to be able to carry out the investigations according to the legislative aims, then they must also receive the necessary resources.
|
|
| 9. |
|
|
| 10. |
- Bäckman, Therese, 1981
(författare)
-
Gynnande besluts negativa rättskraft och rättssäkerhet – för människor med funktionsnedsättning inom rättsområdena SoL och LSS
- 2013
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- A principle of legitimate expectations exists in a number of countries and legal systems. This thesis examines the implications of the principle and its application on a municipal level and in the administrative courts in a Swedish context. The aim of the thesis is to examine whether persons with disabilities are ensured legal certainty, through the principle of legitimate expectations, after they have received a formal legal decision about support in their every day life according to the Social Services Act (2001:453), SoL or according to The Act Concerning Support and Service for Person with Certain Functional Impairments (1993:387), LSS. The Swedish principle of legitimate expectations implicates that a favor- able decision may not be changed or revoked after the individual has received notice of the decision. This applies even if it subsequently turns out that the decision is found to be incorrect. The authorities have to stand by their decisions. The individual can feel secure that the decision may not be reversed or altered and he/she are therefore free to plan and adjust his/hers life in accordance with the decision. However Supreme Administrative Court case law has formulated three exceptions from the principle. Exceptions may be made when 1) a decision is provided with a revocation statement; 2) imperative security reasons require modification or revocation; 3) the individual has obtained the decision by false information. In addition Supreme Administrative Court case law also provides an exception that applies specifically to favorable non time-limited decisions under SoL and LSS. In this thesis the concept of legal certainty requires fulfillment of both procedural and substantial requirements. Furthermore it is concluded that the principle of legitimate expectations can be described as a guarantee for legal certainty from a theoretical point of view. However, the examination of the application of the principle shows how the municipalities have rather ample opportunities to make exceptions with the use of statements of revocation. Additional opportunities to make exceptions or circumvent the principle have also developed in practice. The relatively large possibility to make exceptions from the principle and the extended ways to circumvent the same means that it is difficult for the principle to fulfill the procedural requirements linked to the concept of legal certainty. The application of the principle also leads to social insecurity for persons with disabilities that have been granted support in every day life in accordance with SoL and LSS. Previous research has concluded that persons with disabilities are faced with legal problems within the areas of SoL and LSS. This thesis shows that persons with disabilities are faced with additional problems due to lack of legal certainty. The image of the legal problems within SoL and LSS needs to be complemented with the problem that the individual is in fact not guaranteed the support and service that he/she has been granted. He/she can not feel confident that the favorable decision will prevail.
|
|
