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50 Years of Law and IT : The Swedish Law and Informatics Research Institute 1968-2018
- 2018
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- In 1968, the first seminar on Electronic Data Processing and Law was held at Stockholm University. Later that year The Working Party for EDP and Law was established. The topic soon became part of the legal curricula and a meeting point for scholars and professionals with background in information science and law.
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A Proactive Approach : Law Libraries
- 2006
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Reliance on routines to avoid mistakes is a self-evident feature of many fields of human activity. The commercial pilot preparing for take-off, the engineer designing a bridge and the insurance company introducing a new product all depend on proven methods to ensure that nothing important is forgotten and to assess the consequences of planned measures. Legal work is somewhat atypical in the foregoing respect. Compared with many other activities, there are few descriptions of how the various segments of a legal task are to be devised in order to achieve the greatest possible certainty of result. Lawyers tend to work reactively, i.e., the focus is on solving problems that have already arisen. Efforts aimed at avoiding problems before they begin to brew - i.e., proactively - are less common. The proactive approach is not unknown in the legal sphere but as compared to many other fields of the law the perspective is not very well elaborated. Against this background this volume of Scandinavian Studies in Law presents 25 articles on various aspects of proactive approaches in law, the majority of them focusing on contracting issues. The collection is simultaneously a documentation of a conference on proactive law held in Stockholm 2005. In addition to the articles on proactive law this volume contains a presentation of major law libraries in the Scandinavian countries. Table of Contents: Barton, Thomas D., Thinking Preventively and Proactively, p. 71-92 Bing, Jon and Mahler, Tobias, Contractual Risk Management in an ICT Context - Searching for a Possible Interface between Legal Methods and Risk Analysis, p. 339-358 Cummins, Tim, Best Practices In Commercial Contracting, p. 131-148 Daicoff, Susan, The Comprehensive Law Movement: An Emerging Approach to Legal Problems, p. 109-128 Dauer, Eduard A., The Role of Culture in Legal Risk Management, p. 93-108 Haapio, Helena, Introduction to Proactive Law from a Business Lawyer's Point of View, p. 21-34 Haapio, Helena, Business Success and Problem Prevention through Proactive Contracting, p. 149-194 Haarala-Nystén, Soili, Contract Law and Everyday Contracting, p. 263-284 Haavisto, Vaula, Contracting in Networks, p. 237-254 Jakobsen Sandfeld, Søren, Entering New and Converging Media Markets: How to Take a Proactive Approach to Legal Issues in the Electronic Communications Sector, p. 393-406 Kavaleff, Anette, Successful Outsourcing through Proactive Contracting - Strategy, Risk Assessment and Implementation, p. 215-226 Lando, Henrik, Determinants of the Optimal Degree of Pro-activeness in Contracting, p. 255-262 Magnusson, Jarl S., Proactive Law - and the Importance of Data and Information Resources, p. 407-424 Magnusson Sjöberg, Cecilia, Presentation of the Nordic School of Proactive Law, p. 13-20 Paris, Carolyn E.C., Contract Management: Design Parameters and Challenges to Implementation, p. 195-214 Pohjonen, Soile, Proactive Law in Academia, p. 53-70 Sadighi Firozabadi, Babak and Sergot, Marek , The Role of Agreements in Virtual Organisations, p. 297-304 Schartum, Dag Wiese, Introduction to a Government-based Perspective on Proactive Law, p. 35-52 Seipel, Peter, Nordic School of Proactive Law Conference 2005: Closing Comments, p. 359-364 Syse, Aslak, Equality and Accessibility: A Proactive Approach to Strengthen the Legal Status and Protection Against Discrimination of Persons with Disabilities, p. 367-384 Taskinen, Tommi K.J., Some Thoughts on Proactive Counselling and Legal Mentality, p. 227-236 Trzaskowski, Jan, Legal Risk Management in a Global, Electronic Marketplace, p. 319-338 Weitzenböck, Emily M., Prevention is Better than Cure: Fostering the Growth of Dynamic Networked Organisations through the use of Proactive Legal Measures, p. 305-318 Vikström, Mats, The Impact of IT on the Foundation for Businesses Daily Operation, p. 285-296 Zimmer, Frederik, Tax Legislation between Politics and Legal (and Economic) Thinking, p. 385-392 Law Libraries in Denmark, p. 427-433 Law Libraries in Finland, p. 434-441 Norwegian Law Libraries, p. 442-447 Law Libraries in Sweden, p. 448-462
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Company Law
- 2003
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- This volume of Scandinavian Studies in Law (Sc.St.L.) addresses legal issues related to company law. The articles cover a number of different areas, especially those concerning limited liability companies. In addition, several problems relating to the interpretation of the European company law directives are analysed. Thus, both national and European perspectives are included. The Scandinavian countries have a long tradition of cooperation in the area of company law. Denmark, Finland and Sweden are members of the EU. Norway and Iceland are linked to the Union via the European Economic Area Agreement. As a consequence, all the Scandinavian countries have harmonized their legislation in accordance with the company law directives, which has brought important consequences for all these countries. Reflecting a broad spectrum of issues currently attracting interest in the Scandinavian countries, as well as in many other European countries which are in the process of adjusting their legislation to the EU standards, this volume of Sc.St.L. provides an important contribution to the international discussion. Table of Contents: Andersen, Krüger Paul, Corporate Governance in Denmark, p. 11-28 Andersson, Jan, Model Business Corporation Act for Europe - The Alternative to Harmonisation by Directives, or?, p. 29-44 Björgvinsdóttir, Áslaug, Icelandic Company Law, p. 45-66 Bråthen, Tore, Consent Requirements for Share Acquisitions in Limited Liability Companies According to Norwegian Law, p. 67-88 Clausen, Nis Jul and Sørensen, Engsig Karsten, The 2003 Proposal for a Directive on Takeover Bids - Impact on the Regulation in Scandinavia, p. 89-110 Dotevall, Rolf, Choice-of-law Rules for International Cooperative Agreements, p. 111-118 Fjørtoft,Tore Gjems-Onstad, Ole, Cooperative Law in Norway - Time for Codification?, p. 119-138 Giertsen, Johan, Triangle Mergers: A Distinctive Norwegian Type of Transactions, p. 139-146 Hansen, Friis Søren, The Free Movement of Companies, p. 147-172 Hansen, Lau Jesper, The Mandatory Bid Rule: The Rise to Prominence of a Misconception, p. 173-192 Hemström, Carl, Swedish Company Legislation over Six Decades - A Brief Outline, p. 193-202 Johansson, Svante, Registration and Execution of Amendments of Articles of Association, p. 203-214 Moberg, Krister, Auditors' Liability for Damages, p. 215-248 Mohamed, Sideek, Legislative Initiative in the Field of Direct Taxation in the EC, p. 249-258 Samuelsson, Per, Boards of Limited Companies: Internal Governance Structures, p. 259-278 af Sandeberg, Catarina, Exemption of Liability - Where to Draw the Line, p. 279-292 Skog, Rolf, The European Union's Proposed Takeover Directive: the "Breakthrough"Rule and the Swedish System of Dual Class Common Stock, p. 293-306 Werlauff, Erik, The SE Company: A 'Federal' Company Type Available from 8 October 2004, p. 307-326
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Constitutional Law : Constitutions
- 2007
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Constitutions make up the foundations of societies and from a historical point of view there is little doubt that constitutional law and its various manifestations has had a crucial impact on the development of modern society. At a more detailed level constitutions provide meta rules about how state mechanisms and rule-making processes in a given society are intended to function. In this respect constitutional law sets up authoritative frameworks for how the administration is build up, and ultimately determines the nature of the relationship between a state and its citizens. Consequently it is also fair to say that constitutions define important components of national identities. The publication of this volume is well timed. In the European sphere constitutional law is currently much debated, especially as a consequence of the European Union (EU) integration project and its accompanying demands for constitutional revisions and adoption of super governmental principles. The impact of the project is much discussed and the opinions vary. The process also has initiated referendums in several countries, and the recent failure to ratify the new Constitutional Treaty has prompted a renewed debate on the legitimacy of European integration. Simultaneously a number of events in which several constitutional principles appear to clash with religious and ethical concerns have been given much attention in the media. Several recent incidents have also stirred up debates concerning the limits of constitutional principles and the need for revisions. The Danish publication of Muhammad caricatures, frequent clashes between principles concerning freedom of the press versus privacy, minority rights, and the protection of religious freedom are just a few examples of this. In the first part of this 52nd volume of Scandinavian Studies of Law (Sc.St.L.) 17 articles on constitutional law are presented. The second part is a documentation of the second annual conference of the Swedish Institute for European Policy Studies (SIEPS) Why Europe? Possibilities and limits of European integration which was held in Stockholm 16 November 2006. The purpose of the conference was to provide scholarly perspectives on the sources of legitimacy, the democratic credentials and the constitutional alternatives for the EU. The contributions in this section are further elaborations of the speeches delivered at the conference. In addition, in order to provide a background to the discussions, this volume presents English versions of the Constitutions of Denmark, Finland, Iceland, Norway and Sweden. Table of Contents: Arajärvi, Pentti, The Finnish Perspective on the Last-Resort Support for Subsistence, p. 17-40 Bergström, Maria, New Modes of Constitution Making: Towards Fewer and More Flexible Provisions?, p. 41-48 Bernitz, Ulf, The European Constitutional Project and the Swedish Constitution, p. 49-64 Bull, Thomas, Blowing in the Wind? Swedish Protection of Whistler-blowers in the Public Sector, p. 65-78 Ekeli Skagen, Kristian, How Difficult Should it be to Amend Constitutional Laws? p. 79-102 Follesdal, Andreas, Would the Constitutional Treaty Help Alleviate the Union's Legitimacy Crisis?, p. 371-382 Follesdal, Andreas, Why International Human Rights Judicial Review might be Democratically Legitimate, p. 103-122 Jensen Hansen, Michael, The Protection of Property Rights Under the Danish Constitution, p. 123-132 Hautamäki, Veli-Pekka, Novel Rules in the Finnish Constitution - The Question of Applicability, p. 133-154 Koch, Henning, Right of Resistance - A European Democratic Notion, p. 155-186 Krunke, Helle, The Indirect Effect of the Treaty on a Constitution for Europe, p. 187-202 Langdal, Fredrik and von Sydow, Göran, Democracy, Legitimacy and Constitutionalism, p. 351-370 Moravcsik, Andrew, The European Union: Rhetoric and Reality, p. 383-392 Nergelius, Joakim, New Tendencies in Modern Nordic Constitutional Doctrine or the Development of Nordic Constitutional Law: Introduction and General Background, p. 11-16 Ojanen, Tuomas, EU Law and the Response of the Constitutional Law Committee of the Finnish Parliament, p. 203-226 Olsen Palmer, Henrik, The Right to Freedom of Religion: a Critical Review, p. 227-254 Rytter Elo, Jens, Constitutional Interpretation - Between Legalism and Law-Making, p. 255-272 Sand, Inger-Johanne, From National Sovereignty to International and Global Cooperation: The Changing Context and Challenges of Constitutional Law in a Global Society, p. 273-298 Shaw, Jo, One or Many Constitutions? The Constitutional Future of the European Union in the 2000s from a Legal Perspective, p. 393-408 Viljanen, Jukka, The European Convention on Human Rights and the Transformation of the Finnish Fundamental Rights System, p. 299-320 Zetterquist, Ola, A European Social Contract?, p. 321-348 The Constitutional Act of Denmark, p. 411-422 The Constitution of Finland, p. 423-448 Constitution of the Republic of Iceland, p. 449-458 The Constitution of the Kingdom of Norway, p. 459-474 Sweden: The Instrument of Government, p. 475-500
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D12.2 BRIDGE Ethical, Legal and Social Issues : Current practices in Multi Agency EmergencyCollaboration
- 2014
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Integrating information technology (IT) into emergency responseproduces complex intended and unintended, positive and negative consequences, reaching from enhanced efficienciesto new digital divides. This deliverable presents an analysis of core ethical, legal and socialissues that practitioners and other stakeholders currently encounter in multi-agency collaboration. The report provides a broad overview and an inventory of international coordination initiatives and standarisation activities. The focus lies on issues that are relevant to innovation in IT supported forms of multi-agency emergencyresponse. We examine current approaches and practices of managing these issues, combining literature review with insights from empirical investigations. The purpose of the work summarised here is to inform socio-technicalinnovation in system of systemapproaches to large-scale multi-agency emergency response, and this purpose defines the scope of discussions. Utilization of the document for this purpose is supported by a glossary and an extensive index. The report concludes with a summary.
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| 8. |
- Greenstein, Stanley, 1970-
(författare)
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Our Humanity Exposed : Predictive Modelling in a Legal Context
- 2017
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis examines predictive modelling from the legal perspective. Predictive modelling is a technology based on applied statistics, mathematics, machine learning and artificial intelligence that uses algorithms to analyse big data collections, and identify patterns that are invisible to human beings. The accumulated knowledge is incorporated into computer models, which are then used to identify and predict human activity in new circumstances, allowing for the manipulation of human behaviour.Predictive models use big data to represent people. Big data is a term used to describe the large amounts of data produced in the digital environment. It is growing rapidly due mainly to the fact that individuals are spending an increasing portion of their lives within the on-line environment, spurred by the internet and social media. As individuals make use of the on-line environment, they part with information about themselves. This information may concern their actions but may also reveal their personality traits.Predictive modelling is a powerful tool, which private companies are increasingly using to identify business risks and opportunities. They are incorporated into on-line commercial decision-making systems, determining, among other things, the music people listen to, the news feeds they receive, the content people see and whether they will be granted credit. This results in a number of potential harms to the individual, especially in relation to personal autonomy.This thesis examines the harms resulting from predictive modelling, some of which are recognized by traditional law. Using the European legal context as a point of departure, this study ascertains to what extent legal regimes address the use of predictive models and the threats to personal autonomy. In particular, it analyses Article 8 of the European Convention on Human Rights (ECHR) and the forthcoming General Data Protection Regulation (GDPR) adopted by the European Union (EU). Considering the shortcomings of traditional legal instruments, a strategy entitled ‘empowerment’ is suggested. It comprises components of a legal and technical nature, aimed at levelling the playing field between companies and individuals in the commercial setting. Is there a way to strengthen humanity as predictive modelling continues to develop?
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