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| 2. |
- Björling, Erik, et al.
(författare)
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The Role of Legal Theory in Legal Education: A Reflection on Professional and Scholarly Ideals in Nordic Legal Education
- 2021
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Ingår i: Nordic Journal on Law and Society. - : Umea University Library. - 2002-7788. ; 4:3, s. 1-31
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Tidskriftsartikel (refereegranskat)abstract
- The article addresses the role of legal theory in legal education. Today, a multitude of perspectives is present within legal theory and, as a subject, it is not as distinct as it is sometimes claimed to be. It is evident when considering syllabuses in the Nordic countries that nearly all LLM programmes have ambitions to teach legal theory as embracing a multitude of theoretical and methodological perspectives. This multitude of perspectives promises adaptable content for the subject of legal theory in various legal contexts, and could facilitate a reflection on how knowledge is acquired and why. The challenge addressed in the article is the presence of explicit or implicit ideas from the subject of legal theory as comprising a coherent “legal method” and a specific list of accepted theories. The persistence of such ideas is scrutinised in this article with help of the concepts of “professional knowledge” and “scholarly knowledge”. In order to navigate the complex field of legal theories, students need meta-reflective skills, which means the ability to reflect upon the underlying complexity and multitude of the subject. This is shown by a case study from the Department of Law at the University of Gothenburg, together with examples from curricula and textbooks from legal theory courses across the Nordic countries.
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| 3. |
- Bladini, Moa, 1979
(författare)
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Silenced Voices. Online Violence Targeting Women as a Threat to Democracy
- 2021
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Ingår i: Nordic Journal on Law and Society. - : Umea University Library. - 2002-7788. ; 3:2, s. 1-42
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Tidskriftsartikel (refereegranskat)abstract
- In this article I examine from a legal point of view some of the consequences for women, and hence for society in general, of online sexist and misogynist abuse in a Swedish context. I argue that one effect is that women’s living space online is demarcated and ultimately, that it threatens women’s possibilities to participate in public debate online. An everyday life perspective and the continuum of sexual violence, both part of a feminist legal perspective, are used as a theoretical framework to show how online abuse is silencing women. The situation demands action from the state, in order to safeguard freedom of expression and, consequently, democracy. I argue that in this particular situation, two basic aspects of freedom of expression collide: the one most emphasised, the prohibition of censorship, and the less acknowledged aspect, i.e. a diversity of voices. Deficient ways to handle sexist and misogynist online abuse leads to indirect censorship where women’s voices are silenced. Hence, the state must take action not to fail to guarantee justice for all. There are many initiatives addressing problems of online abuse, both internationally and nationally. In this article I seek to capture and examine the Swedish policy and legal regulation (criminal law and freedom of expression) in this area to sketch the legal situation, to highlight ongoing initiatives and pointing out lacunas and obstacles that needs to be dealt with to guarantee a diversity of voices.
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| 4. |
- Brækhus, Hege
(författare)
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Transnational marriages in the north : legal issues of Russian women
- 2017
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Ingår i: Nordic Journal on Law and Society. - Umeå : Umeå University. - 2002-7788. ; 1:01-02, s. 135-154
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Tidskriftsartikel (refereegranskat)abstract
- This article is about the legal situation for the many women who immigrated to the northernmost county in Norway, Finnmark, from North-West of Russia after the fall of the Iron Curtain. Their way of immigration was mostly through marriage to Norwegian men. To be foreign and new in a country could be difficult. How is their legal situation as newcomers? The complexity of problems will increase if they get children, divorce or move from Norway to Russia or the other way. Which authorities are to decide for them and which country’s laws are to be applied? The article also covers the legal situation for children born in such marriages such as status, custody, support and child abduction, and the situation when one of the spouses dies.
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| 5. |
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| 6. |
- Burman, Monica, 1962-
(författare)
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Men's intimate partner violence against Sami women : a Swedish blind spot
- 2017
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Ingår i: Nordic Journal on Law and Society. - Umeå : Umeå universitet, Juridiskt Forum. - 2002-7788. ; 1:1-2, s. 194-215
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Tidskriftsartikel (refereegranskat)abstract
- The aim of this article is to map the Swedish context regarding men’s intimate partner violence against Sami women and (1) discuss what knowledge and perspectives that dominates that context, and (2) reflect upon possible starting points formeeting the need for knowledge. The outline shows that men’s intimate partner violence against Sami women is a blind spot in Sweden. Important aspects, such as human rights and colonialism, are neglected in the policy discourse. At the most, the policy discourse includes abused Sami women in the problematic category “particular vulnerable groups”. The author argues for a need to problematize if and how responsibility is taken for addressing and responding to the violence and suggests a postcolonial and intersectional approach that centers around how the imbalance of power and control runs through abused women’s experiences. Finally, the author highlights how such an approach also is a matter of indigenous research ethics.
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| 7. |
- Cinthio, Hanna, et al.
(författare)
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“That’s how we were raised” : Perpetrator perspectives in relation to legislative changes targeting honour related violence in Sweden
- 2022
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Ingår i: Nordic Journal on Law and Society. - : Umeå Universitet. - 2002-7788. ; 5:01
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Tidskriftsartikel (refereegranskat)abstract
- Since July 1st, 2020, honour is viewed as an aggravating circumstance in criminal cases in Sweden, and it is suggested that honour related violence and oppression should become a criminal offence in its own right. Interventions directed towards victims of honour crimes have been implemented, but fewer have targeted the offenders. The purpose of this article is to mirror the Swedish legal and discursive framework against the perspective of the perpetrators. While we discuss findings with relevance for practitioners, particularly in the light of recent legislative changes, our main focus is set on subjective understandings of honour crimes. In particular, questions about the perpetrators’ norms and worldviews, their perceptions of the concept of honour, and their experiences of the Swedish justice system are investigated. Using court verdicts and deep interviews, we highlight important themes under the following four headlines: (1) Collectivism, norms, and traditions, (2) Complexities of honour crimes, (3) Marginalization, social vulnerability, and stereotyping, and (4) Reflections in retrospect.This article gives insight into some of the complexities that courts will have to handle given the recent and pending changes in Swedish legislation and provides knowledge that can be implemented in social and legal work to combat honour related violence and oppression.
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| 8. |
- Emblad, Patrik
(författare)
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Power and sovereignty
- 2021
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Ingår i: Nordic Journal on Law and Society. - Umeå : Umeå University. - 2002-7788. ; 4:1, s. 1-26
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Tidskriftsartikel (refereegranskat)abstract
- How do nation states relate to each other in terms of power? How do they relate to private parties in terms of power? Nation states are often thought of as sovereign to tax. In a legal sense that may be true. However, to be legally sovereign is not the same thing as being able to effectively exercise sovereignty. The mobility of capital and businesses, or at least the perception of their mobility, is increasingly pressuring sovereignty to tax. To shed light on the economic constrains on nation states and the beliefs about such constrains, this article introduces the concept of economic-ideological forces and contends that sovereignty should be understood in a way that encompasses these forces. Otherwise, it does not provide an adequate account of power and thus becomes a tool for maintaining established power relations.
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| 9. |
- Emblad, Patrik, 1990
(författare)
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Power and Sovereignty - How economic-ideological forces constrain sovereignty to tax
- 2021
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Ingår i: Nordic Journal on Law and Society. - : Umea University Library. - 2002-7788. ; 4:1, s. 10-35
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Tidskriftsartikel (refereegranskat)abstract
- How do nation states relate to each other in terms of power? How do they relate to private parties in terms of power? Nation states are often thought of as sovereign to tax. In a legal sense that may be true. However, to be legally sovereign is not the same thing as being able to effectively exercise sovereignty. The mobility of capital and businesses, or at least the perception of their mobility, is increasingly pressuring sovereignty to tax. To shed light on the economic constrains on nation states and the beliefs about such constrains, this article introduces the concept of economic-ideological forces and contends that sovereignty should be understood in a way that encompasses these forces. Otherwise, it does not provide an adequate account of power and thus becomes a tool for maintaining established power relations.
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| 10. |
- Gerrard, Siri
(författare)
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Mobility practices and gender contracts : Changes in gender relations in coastal areas of Norway's high north
- 2017
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Ingår i: Nordic Journal on Law and Society. - Umeå : Umeå University. - 2002-7788. ; 1:01-02, s. 91-113
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Tidskriftsartikel (refereegranskat)abstract
- This article addresses the relationship between gender contracts and mobility practices in fishery communities of Norway’s High North, mainly Skarsvåg, Finnmark. By combining perspectives from gender research, anthropology and geography, the aim of this article is to contribute to a greater understanding of the interrelations between structural, material, and cultural changes in the context of a small-scale coastal fishing environment. My main question is whether changes in mobility practices, related to restructuring of the fisheries by means of a quota-system, Norway’s agreement with the European Union (EEA) and other changes in the Norwegian context, have had impacts on gender contracts and in what way. Emphasis lies on the period after World War II and until today. The data collection are based on a lifelong engagement on gender questions in fishery villages, reading newspapers and using registers as well as interviews and participant observation through several research projects.
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