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- Banakar, Reza
(författare)
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Poetic Injustice: A Case Study of the UK's Anti-Terrorism Legislation
- 2008
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Ingår i: Retfærd: Nordisk juridisk tidsskrift. - 0105-1121. ; 31:3, s. 69-90
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Tidskriftsartikel (refereegranskat)abstract
- This paper explores the effects of anti-terrorism policy and legislation on the Muslim immigrant communities, in general, and British-born Muslims, in particular. R v Malik, in which the Court of Appeal quashed Samina Malik's conviction on terrorism charges, provides our point of entry into the legal discourse on counter-terrorism. Malik's conviction at the Old Bailey and the subsequent decision of the Court of Appeal to declare her conviction unsafe, will serve to highlight three interrelated aspects of anti-terrorism policy and legislation in the UK. These two decisions, firstly, will help to examine how the legal and policing measures to combat the threat of terrorism interact with the ethno-cultural relationships in contemporary Britain. Secondly, they will allow us to view the UK's anti-terrorism policy and legislation in relation to what David Garland termed the "culture of control", which marks the move from a criminal policy based on "penal welfarism" to a governance of crime based on "the management of risks". Finally, they will throw light on the tension between the UK government and the judiciary.
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- Banakar, Reza
(författare)
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The Politics of Legal Cultures
- 2008
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Ingår i: Retfærd: Nordisk juridisk tidsskrift. - 0105-1121. ; 31:4, s. 38-60
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Tidskriftsartikel (refereegranskat)abstract
- Sociology and anthropology of law were partly developed from inception to empirically address the complexity of the relationship between law and society. Many of their insights into how law is socially constructed through the interaction between cultural, religious, economic and political factors remain incompatible with the aims and concerns of mainstream legal scholarship. Most social scientific approaches to the study of legal institutions and legal behaviour have revealed the plurality of forms of law, demonstrating that law can simultaneously manifest itself in different forms and at different levels of social reality. In contrast, various schools of legal positivism have conceptually separated law from morality, legality from justice, and facts from norms, in order to create a normative basis for justifying the unity and autonomy of law. This paper starts by exploring the tension between Western and Islamic legal cultures of immigrant communities living in the west. It then goes on to argue that the use of such antinomies as facts and norms, or law and morality, which are employed by legal theory in order to conceptually organise itself, diverts our attention away from the fact that law, whether it is defined as the command of the sovereign or the inner order of associations, is not divided into two opposing or contradictory poles. Instead, it consists of countless fragments which are not necessarily related in a formal rational manner.
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- Börjesson, Mikael, et al.
(författare)
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The Social Profile of Swedish Law Students : National Divisions and Transnational Educational Strategies
- 2006
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Ingår i: Retfærd. - 0105-1121. ; 29:3/114, s. 80-107
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Tidskriftsartikel (refereegranskat)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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- Friis, Eva
(författare)
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Socialtjänslagens värdesystem. En analys av dess praktiska innebörd i sociala utredningar om barn.
- 2005
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Ingår i: Retfærd: Nordisk juridisk tidsskrift. - 0105-1121. ; 28:4, s. 60-75
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Tidskriftsartikel (refereegranskat)abstract
- The Social Services Acts’ Value System – An Analyze of its Practical Meaning in Social Investigations on Children This article discusses the relation between legal and practical norms, on the basis of a model over the norms main components. The focus is on the norms value component, and the question is how the value of a legal norm is implemented in that practice which the norm is aimed to regulate, and what the result of this implementation is, in terms of the values practical meaning. The legal norms that are analyzed belongs to the Swedish Social Services Act, and the analysis is concentrated on the Social Services’ child protection work, and based on documented investigations as ground for compulsory care of children.
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- Granström, Görel, 1965-
(författare)
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Rättsväsendets prioritering av hatbrott
- 2008
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Ingår i: Retfærd. - Köpenhamn : Jurist- og Ökonomforbundets Forlag. - 0105-1121. ; 123:4, s. 83-101
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Tidskriftsartikel (refereegranskat)
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