| 1. |
- Parsa, Amin, 1985-, et al.
(författare)
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Legal Tech, the Law Firm and the Imagination of the Right Legal Answer
- 2023
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Ingår i: Law and Critique. - Dordrecht : Springer. - 0957-8536 .- 1572-8617. ; 34:3, s. 381-394
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Tidskriftsartikel (refereegranskat)abstract
- Legal tech is growing, and its growth provokes anxieties about the future of the legal profession as such. In this article, we examine the impact of legal tech on the central role of lawyers at law firms in crafting an imagined ‘right legal answer’ by drawing on Duncan Kennedy’s suggestion that a claim to the rightness of one’s legal propositions is a central characteristic of the legal profession. We first ask how changes in the organisation of legal services affect the ability of lawyers at law firms to produce that ‘right legal answer’. While legal tech only exacerbates already ongoing processes of eradication of routine tasks, we find that it continues to mask the role of ideology in arriving at a right legal answer under a new layer of technological projection. Second, we ask how lawyers’ ability to produce ‘the right legal answer’ is affected by, first, expert systems and, second, a legal tech application named Bryter, representing a no-code system. We find that expert systems do not permit to uphold the unity of the lawyer required for Kennedy’s model of the right legal answer, but that no-code systems as Bryter do so. No-code systems can be reduced to a slogan: Have the lawyer, but evict her ideological temptations more efficiently than before!© 2023, The Author(s).
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| 2. |
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| 3. |
- Öberg, Jacob, 1982-, et al.
(författare)
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Day Fines in Sweden
- 2021
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Ingår i: Day Fines in Europe. - Cambridge : Cambridge University Press. - 9781108855020 - 9781108796439 - 9781108490832 ; , s. 44-69
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Bokkapitel (refereegranskat)abstract
- As in other areas of social engineering, Sweden is considered as world-leading in creating systems that address social inequality. One of the cases in point is the Swedish day-fine system which has been considered as pioneering by systematically considering both the wealth of the offender and the seriousness of the offence when imposing the penalty. This chapter analyses in detail the Swedish day-fine system. The case study of Sweden sheds light on the pros and cons of day-fines by recalling the discussion in Sweden prior to introducing the system and the recent academic debates on extending the use of day-fines. The chapter also offers an account of the comprehensive prosecutorial guidelines as well as an analysis of the relevant case law, particularly in relation to adjustment of day-fines. The chapter argues that the Swedish day-fine system overall must be considered as a largely successful project which holds high esteem among courts and practitioners. The common view is that it is a merit of the system that it forces the courts to consider the economic circumstances of the accused and to articulate openly for the way in which such consideration has been done.
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| 4. |
- Öberg, Jacob, 1982-
(författare)
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Subsidiarity and EU Procedural Criminal Law
- 2015
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Ingår i: European Criminal Law Review. - Oxford : Hart Publishing Ltd. - 2191-7442 .- 2193-5505. ; 5:1, s. 19-45
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Tidskriftsartikel (refereegranskat)abstract
- This article examines how subsidiarity can limit the exercise of EU procedural criminal law competence. It argues for a narrow understanding of subsidiarity, suggesting that EU procedural criminal law legislation can only be directed at problems which are of a cross-border nature. By analysing a specific piece of EU legislation, the new Victims Directive, it is shown how the subsidiarity principle can be enforced. The article sustains that the Victims Directive can be criticised on subsidiarity grounds as the directive fails to adequately account for the link between victim rights and the application of the principle of mutual recognition, since the directive fails to explain properly the need to regulate local victim rights. The article also draws some broader reflections on the justifications for EU harmonization. It is argued that EU initiatives in procedural criminal law have not primarily been driven by the need to facilitate mutual recognition and free movement but rather motivated by a general concern to deliver a common European sense of justice. Whilst this approach from the EU legislator can be justified from a moral perspective, it flies in the face of the idea that decisions should be taken as closely as possible in respect of citizens.
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| 5. |
- Öberg, Jacob, 1982-
(författare)
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Subsidiarity as a Limit to the Exercise of EU Competences
- 2017
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Ingår i: Yearbook of European Law. - Oxford : Oxford University Press. - 0266-7223 .- 0263-3264 .- 2045-0044. ; 36, s. 391-420
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Tidskriftsartikel (refereegranskat)abstract
- This article examines how subsidiarity can limit the exercise of EU competence. It suggests that the problems of reconstructing subsidiarity cannot be seen in isolation from the issue of judicial review. In a substantive sense it contends that subsidiarity can be reconceptualised as a principle that challenges the internal market justification for exercise of Union competences. It argues for a narrow understanding of subsidiarity, suggesting the EU legislator to demonstrate the risk or the existence of a transnational market failure or a transnational interest in order to substantiate EU harmonization. From the perspective of judicial enforcement the key argument is to change the focus from ‘substantive review’ to ‘procedural review’ of subsidiarity in order to meet institutional concerns. The proposed standard of review suggests that the EU legislator must offer ‘adequate reasoning’ and ‘relevant evidence’ to maintain that EU legislation conforms to the subsidiarity principle.
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| 6. |
- Öberg, Jacob, 1982-
(författare)
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The Rise of the Procedural Paradigm : Judicial Review of EU Legislation in Vertical Competence Disputes
- 2017
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Ingår i: European Constitutional Law Review. - Cambridge : Cambridge University Press. - 1574-0196 .- 1744-5515. ; 13:2, s. 248-280
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Forskningsöversikt (refereegranskat)abstract
- EU Law-Vertical competence review of EU secondary law-Court of Justice control of the exercise of EU legislative powers-Strict procedural review of EU legislation-Standard of judicial review and intensity of judicial review-Judicial review as a safeguard of federalism-Constitutional review of EU legislation-Proportionality, subsidiarity and principle of conferral-Balance between the EU legislator's prerogatives and the need to ensure that EU legislation conforms to the precepts of EU law-Distribution of competences between Member States and the EU.
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| 7. |
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Collaborating Against Child Abuse : Exploring the Nordic Barnahus Model
- 2017. - 1
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model - recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduced as a response to a growing recognition of the need for more integrated and child-centred services for children exposed to violence and sexual abuse. In the Barnahus structure, different professions work together to ensure that victimized children receive help and treatment and that their legal rights are met. This original study is organised in four broad themes: child-friendliness, support and treatment; the forensic child investigative interview; children's rights perspectives; and interagency collaboration and professional autonomy. Each themed section includes in-depth chapters from different Nordic countries, outlining and analysing the practice and outcomes of the collaborative work engaged in by Barnahus from different perspectives. The introductory and concluding chapters offer a comparative lens useful for policy and practice implementation within the Nordic welfare state context and beyond, ensuring this book has global academic and practical appeal.
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| 8. |
- Parsa, Amin, 1985-
(författare)
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Targeting in International Law : Counterinsurgency and the Legal Materiality of the Principle of Distinction
- 2023
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Bok (refereegranskat)abstract
- This book is about how distinctions are drawn between civilians and combatants in modern warfare and how the legal principle of distinction depends on the technical means through which combatants make themselves visibly distinguishable from civilians.The author demonstrates that technologies of visualisation have always been part of the operation of the principle of distinction, arguing that the military uniform sustained the legal categories of civilian and combatant and actively set the boundaries of permissible and prohibited targeting, and so legal and illegal killing. Drawing upon insights from the theory of legal materiality, visual studies, critical fashion studies, and a dozen of military manuals he shows that far from being passive objects of regulation, these technologies help to draw the boundaries of the legitimate target.With its attention to the co-productive relationship between law, technologies of visualisation and legitimation of violence, this book will be relevant to a large community of researchers in international law, international relations, critical military studies, contemporary counterinsurgency operations and the sociology of law. © 2024 Amin Parsa.
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| 9. |
- Gerell, Manne, et al.
(författare)
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Open drug markets, vulnerable neighbourhoods and gun violence in two Swedish cities
- 2021
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Ingår i: Journal of Policing, Intelligence and Counter Terrorism. - : Informa UK Limited. - 1833-5330 .- 2159-5364. ; 16:3, s. 223-244
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Tidskriftsartikel (refereegranskat)abstract
- Gun violence is a serious issue in many countries across the globe. It has been shown that there is an elevated risk for a further shooting nearby within a short time span of a shooting incident, so-called near-repeat patterning. The present study presents new evidence on near-repeat patterning in Sweden, with a focus on neighbourhoods which the police have labelled as ‘vulnerable’ – deprived neighbourhoods where criminal networks have a large impact on local communities. Such neighbourhoods tend to have open drug markets, and to have high levels of gun violence. The present paper analyses the association of open drug markets and vulnerable neighbourhoods with gun violence and near-repeat patterning of gun violence in two Swedish cities. Our findings suggest that gun violence is strongly concentrated on open drug markets in vulnerable neighbourhoods, and that those locations in addition exhibit high risks for repeat shootings after an initial shooting event. We propose that the police can use this knowledge to improve practices to prevent or disrupt gun violence.
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| 10. |
- Arvidsson, Matilda, et al.
(författare)
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The turn to history in international law and the sources doctrine : Critical approaches and methodological imaginaries
- 2019
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Ingår i: Leiden Journal of International Law. - 0922-1565. ; 33:1, s. 37-56
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Forskningsöversikt (refereegranskat)abstract
- Expanding now familiar debates about the impact of the 'historical turn' upon the field of international law, this article considers some of the different ways in which 'turn to history' scholars have confronted the methodological and theoretical tensions arising from the central, yet paradoxical, role occupied by the sources doctrine in international law. We suggest that the anxiety over the sources of international law as the basic methodological precepts of the discipline has been a catalyzing element for a radical reengagement with the canon of international law, one with a significant impact on the field's existing parameters and doctrinal limits. Within the three streams of scholarship we explore here, history has become a site of creative engagement for scholars in opening up the discipline to diverse ends, one in which a new doctrinal universe can be created, and new issues, sources, subjects, and approaches can be explored. Yet, by opening up international law's sources doctrine, reactionary causes and unjust ends may equally well be the result. This account is an attempt at diversifying the narrative surrounding the causal relationship between history and the ongoing changes to the field of international law, along with the differential practices, techniques and epistemological foundations behind the history of international law as an evolving discipline, and of the different scholarly motivations of its specialists.
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