| 1. |
- Waltman, Max
(författare)
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Prohibiting Sex Purchasing and Ending Trafficking : The Swedish Prostitution Law
- 2011
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Ingår i: Michigan Journal of International Law. - 1052-2867. ; 33:1, s. 133-157
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Tidskriftsartikel (refereegranskat)abstract
- The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation’s Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her “position of vulnerability” in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.
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| 2. |
- 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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| 3. |
- Waltman, Max
(författare)
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Rethinking democracy : legal challenges to pornography and sex inequality in Canada and the United States
- 2010
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Ingår i: Political research quarterly. - Salt Lake City : SAGE Publications. - 1065-9129 .- 1938-274X. ; 63:1, s. 218-237
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Tidskriftsartikel (refereegranskat)abstract
- Why are democracies unresponsive to well-documented injuries in the production and by the consumption of pornography? Legal challenges to pornography in Canada and the United States in which sexual subordination, not moral notions of "obscenity," were the driving rationale, show democracies inadequately recognizing gender-specific harms. Changes in Canadian obscenity doctrines to account for harm and inequality, in contrast with the U.S. reign of "free speech," did not deliver a corresponding change on the ground. Developments in democratic theory, international law, and the particular U.S.–Canadian legal trajectory, and consideration of the void of institutions articulating the interests of those victimized in and by pornography, suggest the need to adopt empowering civil remedies.
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| 4. |
- Keshavarz, Mahmoud, et al.
(författare)
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Targeted by Persuasion : Military uniforms and the legal matter of killing in war
- 2019
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Ingår i: Law Text Culture. - Wollongong, NSW : Legal Intersections Research Centre. - 1322-9060. ; 23, s. 223-239
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Tidskriftsartikel (refereegranskat)abstract
- In this paper, we argue that the legitimation of killing in war is not simply formed by adherence to certainlegal requirements that exist apart from and prior to war; instead, we suggest, the law of armed conflict initself cannot but operate through admitting certain materials onto the battlefield as distinctively legalmaterials. Using the theory of legal materiality, we show that the military uniform is a legal material thatmakes the legal matter of legitimate targeting intelligible to law. This process happens through the waysin which the uniform shapes the possibility of visual recognition and differentiation in order to makecertain bodies targetable and others not targetable. We refer to this visual recognition and differentiationas a domain of persuasion. We show that the historical, functional and visual attributes of the uniform, asa design artefact, produce a convincing domain of distinction for the attacking agent. Finally, we turn toinsurgency, arguing that the legal matter of targeting is shaped not only by the presence, use andmanipulation of this legal material but also by the absence of it.
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| 5. |
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| 6. |
- Parsa, Amin, 1985-, et al.
(författare)
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Legislative arts : interplays of art and law
- 2022
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Ingår i: Journal of Aesthetics & Culture. - Abingdon : Taylor & Francis. - 2000-4214. ; 14:1
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Tidskriftsartikel (refereegranskat)abstract
- The relation of law and art is conventionally understood through a disciplinary divide that presents art as an instrument of legal practice and scholarship or, alternatively, presents law as potential context for artistic engagement. Moving beyond disciplinary definitions, in this article we explore how art and law, as modes of ordering and action in the world, often overlap in their respective desires to engage existing material orders. Whereas law's claim of producing order appears self-evident, we try to highlight, through a concept of legislative arts, the often-overlooked similar function of artistic practices. At the heart of what we refer to as legislative arts are practices that aim to challenge law's claim of authority in ordering social life through tactical combinations of elements of art and law. In examining a set of examples that include the Tamms Year Ten campaign to close a super-max prison in the United States, the work of Forensic Architecture and practices of passport forgery, we aim to highlight the possibility of manifesting social orders beyond an exclusive reliance upon state laws. Pointing to the potentials of such legislative arts practices, this article suggests that the material ordering quality of artistic and legal practices can, and perhaps should, be weaponized for challenging and remaking the world of unjust state laws.
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| 7. |
- Waltman, Max, 1974-
(författare)
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"Så kan vi åtala Onlyfans för koppleri"
- 2023
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Ingår i: Parabol. - : Parabol. - 2004-7355. ; :4
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Tidskriftsartikel (populärvet., debatt m.m.)abstract
- I USA har överlevare lämnat in stämningar mot Pornhub. Den svenska sexköpslagen erbjuder en unik möjlighet att kunna åtala också Onlyfans ägare för koppleri, eftersom uppsåt inte behöver bevisas. Även prenumeranterna kan åtalas för sexköp. Max Waltman förklarar hur lagen kan användas.
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| 8. |
- Waltman, Max
(författare)
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성구매 금지와 인신매매 척결 : 스웨덴의 성매매 관련법
- 2012
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Ingår i: Women's Human Rights [South Korea]. - : Women's Human Rights Commission of Korea (WHRCK). - 2093-5714. ; 7, s. 88-122
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Tidskriftsartikel (refereegranskat)abstract
- The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation’s Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her “position of vulnerability” in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.
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| 9. |
- Brännström, Leila, et al.
(författare)
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Guest Editorial: Tech and the transformation of legal imagination
- 2023
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Ingår i: AI & Society: The Journal of Human-Centred Systems and Machine Intelligence. - London : Springer. - 0951-5666 .- 1435-5655. ; 34, s. 309-314
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- This special section on ‘Tech and the Transformation of Legal Imagination’ is an attempt at creatively exploring the law of the tech era. We believe that emerging lines of continuity and discontinuity in the current moment of tech-induced legal transformation are insufficiently investigated. Together with the authors of this special section, we therefore set out in an effort to recover and reimagine the histories of the law/tech nexus, to critically examine the imaginaries operative in the ongoing transformation but also to imagine the future of law. In so doing, we cover two different constellations: one in which the law is imagined, and another in which the law imagines. As this structure is one that operates in other disciplines, too—computer science is imagined as much as it imagines—we believe it will be a useful entry point for readers beyond the discipline of law to explore the relation between tech, law and imagination. In all, we make a move from the general theme of tech, legal transformation and imagination to the more specific one of tech and the transformation of legal imagination.
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| 10. |
- Brännström, Leila, et al.
(författare)
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Legal imagination and the US project of globalising the free flow of data
- 2023
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Ingår i: AI & Society. - London : Springer. - 0951-5666 .- 1435-5655.
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Tidskriftsartikel (refereegranskat)abstract
- Today, the US pursues the global capture of data (understood as a significant engine of growth) by way of bi- and plurilateral trade agreements. However, the project of securing the global free flow of data has been pursued ever since the dawn of digital telecommunication in the 1960s and the US has made significant legal efforts to institutionalise it. These efforts have two phases: In the first 1970s and 80s “freedom of information” phase, the legal justification (and contestation) of the global free flow of data hinged on imagining data as information, and its exchange as a practice of liberty. The second phase began in the late 1990s and continues today. In this phase, the free flow of data is aligned with a free-trade agenda in the context of first e-commerce and, starting in the 2000s, through attempts at creating a global public domain of personal data for the platform economy. The global free flow of data is an intrinsic aspect of informational capitalism. Assuming a constitutive, but not commanding role for law in informational capitalism, we conclude that the US attempt at ensuring free flow for its informational corporations is neither an entirely contingent nor a necessary outcome. It is a product of legal imagination. © 2023, The Author(s).
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