| 1. |
- Perry, Elizabeth Stuart, 1975-
(författare)
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Child Support Law in California and Sweden : a Comparison Across Welfare State Models
- 2019
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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.
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| 2. |
- Jers, Johanna, 1983-
(författare)
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Ett gemensamt styrelserum : rättsliga förutsättningar för att åstadkomma en jämn könsfördelning genom kvotering
- 2022
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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.
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| 3. |
- Petersson Hjelm, Ann-Christine
(författare)
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Fängelset som välfärdsbygge : Tre studier om behandlingstanken i svensk fångvård
- 2002
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis discusses "social engineering", in the fields of prison treatment, during the development of the Swedish Welfare State, from 1930 to 1950. The penal political ambitions were laid down under a Social Democratic government and realized in the party’s program of 1944. It is often stressed that the prison reform of 1945 marks the transition to a modern prison system. In a broader perspective of society the idea was to integrate prisoners into the Swedish welfare system. The main facet of the Act 1945 of Correctional Treatment in Prison is in the individual treatment of prisoners, based on their work in open institutions. After World War II, the number of persons incarcerated increased and this became the main symbol of the political and administrative failure of the reform.The prison reform of 1945 marked an ideological change in the individual preventive treatment model of prisoners in Sweden. However, the establishment of a modern welfare prison was hard to accomplish and a crucial divergence emerged between what the legislation intended and what actually occurred in the prison system. This research shows the absence of an individual preventive strategy for the offenders and in that sense implementation of treatment was not successful. In this study the political and legal matters primarily originate from the archives of the Committee of Penal Law (sw. Strafflagberedningen), complemented by an empirical study, including 328 prison files from the National prison register, during the years 1938, 1943 and 1947.This thesis shows some of the more relevant changes in prison care in relation to the prisons as a reflection of society as a whole. In some portions the study discounts the innovations of the prison reform, especially based on the fact that the Act of Correctional Treatment in Prison was a conglomerate of enacted laws and regulations. At the same time the study shows a belief in the dubious philosophy that racial biological explanations and a deterministic approach to prisoners created. In reality, the prison registers were used on prisoners as a label, which led to a diagnosis put in front of treatment.
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| 4. |
- von der Heiden, Gregor, 1974-
(författare)
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Gespräche in einer Krise : Analyse von Telefonaten mit einem RAF-Mitglied während der Okkupation der westdeutschen Botschaft in Stockholm 1975
- 2009
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- When crises develop, people are confronted with difficulties beyond those experienced in normal everyday activities. Due to the perceived threats inherent to such situations, familiar behaviors may prove ineffective, and such attempts can pose dangerous and unpredictable risks. Crises are extreme situations, occurring at the very edges of human experience. Oral communication in such situations cannot be casual; the seriousness of the situation demands exceptional communicative performance on the part of the participants. Therefore, certainties about everyday communication conventions are called into question. The following work examines conversations during which the participants were involved in an extreme situation. In this particular crisis, a politically motivated kidnapping, the personal involvement of the interlocutors is substantial. A clear and present fear of the situation escalating and the possibility of a failure to anticipate the resulting reactions from the other party(ies) characterize the communicative acts of those involved. Recorded telephone calls during the occupation of the West German Embassy in Stockholm by members of the Red Army Faction (RAF) on April 24, 1975 comprise the basis for this analysis. One of the occupiers speaks with various interlocutors located in an adjacent embassy building. These interlocutors are relatives of the hostages, the Swedish Minister of Justice, and a German official charged with leading the negotiations. In this study, the communicative processes of the crisis are reconstructed. In order to show how the interlocutors attempt to reach their goals in this tense situation with the resources available to them, as well as what they in fact achieve, ethnographic methods of analysis have been employed. This study shows how, despite strong conflicting interests and motives, a shared reality is built through the actions of the interlocutors. The interaction between two key figures in the early stages of the crisis can even be characterized as a form of coalition building. An explanation as to why this collaboration is not retained in the subsequent course of the events, however, leading to an escalation of the situation, is also presented. Furthermore, the following work sets forth qualities needed to interactively build a coalition in a precarious crisis situation, which has arisen between parties characterized by diametrically opposed aims.
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| 5. |
- Brännström, Malin, 1973-
(författare)
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Skogsbruk och renskötsel på samma mark : En rättsvetenskaplig studie av äganderätten och renskötselrätten
- 2017
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In the northern parts of Sweden forestry and Sami reindeer herding are exercised on the same land and there is an ongoing land use dispute between the land users. Land ownership and reindeer herding rights, based on immemorial prescription and customary law, are parallel property rights to the same land. Studies have concluded that the legal framework does not sufficiently reflect the property rights perspective of the land use conflict. This study examines the legal framework that regulates the relationship between forestry and reindeer herding from a property rights perspective. Starting points of the study are basic aspects of property rights, such as the right to use, decide on and benefit economically from property and the legal protection required in relation to others. Comparisons are made with the legal frameworks that regulate other relationships within real estate law, including e.g. neighbors, easements, joint facilities and utility easement.The study concludes that the relationship between land ownership and reindeer herding rights can be understood only against the background of historical events such as colonization and demarcation. The rights are more independent of each other than other legal relations and can be compared to a double ownership. It is further concluded that the Forestry Act is based on the assumption that reindeer herding is primarily a public interest that needs protection. Land owners have a far-reaching right to use forests that causes damages to reindeer pasture lands that is not in accordance with the legal nature of the reindeer herding right. Further, central elements usually used to regulate property rights relations are missing, e.g. mutual consideration, damages and judicial review.The study also examines if the legal framework is in accordance with the constitutional protection of property in Chapter 2 Section 15 of the constitutional Instrument of Government and Article 1 of the First Protocol to the European Convention on Human Rights. It is concluded that the legal framework has several deficiencies in this respect. Elements are discussed that can be implemented in law to appropriately reflect the property rights studied.
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| 6. |
- Enqvist, Lena, 1984-
(författare)
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En myndighet i samverkan : Försäkringskassans rättsliga förutsättningar att samverka med Arbetsförmedlingen samt hälso- och sjukvården
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis investigates and analyzes the legal conditions under which the Swedish Social Insurance Agency may engage in cooperation with the Swedish Public Employment Service and Swedish Health Care Providers (both public and private), regarding rehabilitation, information exchange and investigation measures in individual sick leave insurance cases. It also presents an analysis of whether these legal conditions contribute to safeguarding legality and legal certainty when the Social Insurance Agency is involved in cooperation.Overall the thesis concludes that the legal conditions for such cooperation are good in terms of assistance regarding rehabilitation, information exchange and investigation measures. The designated assignment of the Social Insurance Agency relating to the distribution of sickness benefits is also such that any cooperation that helps the individual's rehabilitation or the investigation and assessment of entitlement to such benefits is encouraged. The legality and legal certainty in such cooperation is also found to be fundamentally safeguarded, since it follows from the principle of legality in Swedish administrative law that any measures taken by the Social Insurance Agency in cooperation with other bodies must be founded in the constitutional legal order. However, since the Social Insurance Agency's assignment pertains to the distribution of positive rights and benefits, the requirements governing how clearly stated and distinct such legal support must be are generally less stringent. This is reflected in the rules and principles identified as supporting or limiting the legal conditions for cooperation, as in many cases they lack detailed prerequisites for when they may be used or what should be done. Many of the legal rules or legal principles that limit the authority and power to freely design the possible content, aims and process practice of cooperation are also not specifically aimed at regulating such situations. Moreover, in many cases they are found in constitutional or general administrative law principles that are essentially abstract, and not usually applied by administrators in the handling of individual cases. This, in turn, affects the overall impact that the supporting factors of legality and legal certainty can have in the Social Insurance Agency's multi-party cooperation. These supporting factors include the Agency's duties to ensure independent decision-making (ideally) based on a clearly designated assignment, to comply with the legal principles of objectivity, equality before the law and foreseeability, and to respect the individual's personal integrity in multi-party cooperation.
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| 7. |
- Landström, Lena, 1962-
(författare)
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Åklagaren som grindvakt : En rättsvetenskaplig studie av åklagarens befogenheter vid utredning och åtal av brott
- 2011
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In Sweden an oral hearing, the trial, is held as the ideal model for the criminal procedure and according to the legality principle reported crimes ought to be investigated and prosecuted. Over time high levels of reported crimes have led to an increase in pressure on the courts and other actors in the criminal process. This pressure has created new ways of dealing with reported crimes in summary procedures and to exceptions from the legality principle. Such changes have given the prosecutor a key role in deciding how cases are dealt with in the criminal process. The purpose of this thesis is to examine the Swedish public prosecutor’s influence on the choice of cases that are investigated, prosecuted and tried in court during a trial. The study examines the prosecutors’ legal authority and how that authority has changed from the time that the Code of Judicial Procedure came into force in 1948 to the beginning of 2011.A starting point for the examination is that investigating, prosecuting and trying cases in the criminal process should be carried out in a way that is considered to be fair according to societal values, which are embedded in the legal system. Both decisions about which cases will be tried and the procedure involved in how to try them has to be performed in a way that seems to be fair. In the study the values that underlie the criminal process is examined through a model. This model assumes that the criminal process has been created and developed to satisfy different requirements, which can be separated into three main groups: the functions of the criminal process, legal principles and the main objectives of a good administration of justice. The model is used to analyze and discuss the development of the legal rules.The prosecutor’s authority and influence over the process has broadened and the use of summary procedures has served to place the focus on the police investigation instead of the trial. Among the objectives of a good administration of justice Speed and Cost effectiveness are considered to be more important than Security. As long as the Trust in the system is sufficient this development can continue. A conclusion from the study is that there is a need for some actor to prioritize and to do that openly. In the study the issue is raised whether it is time to question the legality principle as the main principle for the Swedish legal system.
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| 8. |
- Leidö, Jan, 1983-
(författare)
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Realizing the Single Software Market : Cross-National Validity of Software License Agreements
- 2014
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The Internet has revolutionized the software industry, one of the world’s largest businesses. A single software market is emerging, independent of national borders, where products and services are digitally distributed. But the legal framework for software transfers is not geographically independent; relevant underlying law varies substantially between different legal systems.In this doctoral thesis, cross-national validity of certain standard software license agreements is examined as a solution to overcome national differences and improve the emerging single software market. Cross-national validity is mapped, explained, and improved under American and German law. The United States and the European Union collectively dominate the single software market. Within the EU, Germany is the most relevant legal system, and many conclusions reached under German law can be extended to the entire EU.The study identifies many current issues, caused by inter alia inherent limits of law, fundamental differences between German and American law, and problematic transferor choices. Current issues exist regarding formation, substantive content, and interpretation of software license agreements on a cross-national level. This leads to increasing legal and practical problems for the industry and individual transferors.Major and minor improvements in software license agreements and business models are suggested to achieve cross-national validity. Simple advice includes better assent mechanisms, prior disclosure, clear notice, and translating software license agreements. More comprehensive advice includes focusing on provisions that are essential from a business or technical perspective, rethinking certain business and technical choices that might lead to legal problems, making compromises over certain provisions that have only minor legal advantages but clear legal disadvantages, and choosing a way to bridge or avoid national differences regarding central provisions and practices from among available suggestions adapted to different business models.Making such improvements is becoming increasingly important as lawmakers and consumer associations in different countries become ever more active, and as developing countries become increasingly important. Improving cross-national validity will enhance legal certainty and bring us one step closer to realizing the single software market.
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| 9. |
- Lind, Yvette, 1986-
(författare)
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Crossing a border : a comparative tax law study on consequences of cross-border working in the Öresund- and the Meuse-Rhine regions
- 2017
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- “Crossing a Border“- A Comparative Tax Law Study on Consequences of Cross-Border Working in the Öresund- and the Meuse-Rhine Regions is a doctoral thesis on tax law and social security law focused on cross-border commuting in the two cross-border regions of the Öresund and Meuse-Rhine. Two mayor aims are addressed: (1) To analyse the problems associated with cross-border working in the Öresund region caused by the legal divergence between Swedish and Danish tax law. The focus lies on individual taxation (primarily legislation related to residents and non-residents), and the social security contributions applicable to these cross-border workers, i.e. cross-border workers regulated in Article 15, Appendix 4, of the Nordic tax treaty also known as the Öresund treaty and the avoidance of double taxation (through the application of tax treaties between the states involved). (2) By comparing the problems, and solutions, associated with cross-border workers in the Meuse-Rhine region, contributions to discussions and analyses on de lege ferenda, in relation to the taxation of cross-border workers in the Öresund region (short-term and long-term) are made. A comparative study is therefore done, comprising the four states of Sweden, Denmark, Belgium and the Netherlands. This study includes international tax law (domestic tax law, tax treaty law and EU tax law), European Union law and social security law. A theoretical framework comprising coherence, congruence, legal pluralism and polycentricity is applied to the thesis in order to discuss and highlight problems referable to the legal framework applicable to cross-border working. Problems which are discussed comprise, for instance, cross-border working in two or more states at the same time, lacking predictability when anticipating tax-and social security contributions and the lack of coherence and congruence between the tax- and social security systems of the studied states.
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| 10. |
- Mannelqvist, Ruth, 1966-
(författare)
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Samband i socialförsäkringen : en rättsvetenskaplig studie av sambandet mellan förmåner och avgifter i socialförsäkringen
- 2003
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In Sweden, the concept of a connection between benefits and contributions in social insurance is strong. The opinion is based on an understanding that social security law in constructed upon the same principles as private insurance. This concept of links between benefits and contributions makes it important to review the legal systems of social security.The purpose of this study is to analyse the legal principles behind social insurance law. The legal definition of social insurance in Sweden does not include legal principles but rests instead on an enumeration of the public authorities that administer various benefits. The definition is pragmatic and adapted to European Community law. Legal principles can be revealed by studying the variety of different values underlying the legal system of social security. The principles behind social security law are based on just distribution and effectiveness and social security legislation is often constructed as a social right. Social insurance exhibits a number of characteristic legal features or principles which differ from private insurances. Social insurance is a public and compulsory scheme, based on redistribution. Different benefits within the insurance system are designed to cover income loss and, in general, there is no individual means testing. This can also be described as the principle of compensation for lost income. Furthermore there are benefits that are not related to risks and the legislation is based on formal legal sex neutrality. The social security scheme is primarily financed by taxes and mandatory contributions. Social insurance contributions exhibit the same or similar criteria as fiscal policies and tax law. Thus the link between contributions and benefits in the social security system is very weak.The insurance system can be restructured on the basis of social insurance legal principles. In this thesis various benefits have been systematized from a life-cycle perspective. Income is an important concept in social security law and common to these benefits is that they are based on the principle of compensation for lost income. Gender issue becomes easily visible and possible to analyse and within the life-cycle context unemployment, parental and pension insurances are analysed from the perspective of sex equality.To achieve a connection in social security, both benefits and contributions have to be based on the same calculation of income. The concept of income, however, has different meanings in social security legislation. Concepts of income vary both within and between benefits and contributions. The analysis show that legal norms and principles differ between benefits and contributions within the social security system and it is therefore hard to find a connection between them.
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