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- Bengtsson, Hans, et al.
(författare)
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Från politik till praktik
- 1998
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Ingår i: Politik, lag och praktik. Implementeringen av 1994 års handikappreform. - 9144007566
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 2. |
- Bröchner, Jan, 1948, et al.
(författare)
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Intention in Hybrid Organizations: The Diffusion of the Business Metaphor in Swedish Laws
- 2015
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Ingår i: International Journal for the Semiotics of Law. - : Springer Science and Business Media LLC. - 0952-8059 .- 1572-8722. ; 28:2, s. 371-386
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Tidskriftsartikel (refereegranskat)abstract
- Recent studies of conceptual metaphors in a legal context have often dealt with the power of embodiment. However, the connotations of culturally originated metaphors could be different when they appear in laws and regulations. In particular, the role of metaphor when the legislator wishes to define intention in hybrid organizations is investigated here. The case studied is how a conceptual metaphor of ‘business’ manifesting itself in the Swedish simile adjective affärsmässig (businesslike) has spread over 40 years. ‘Business’ early on acquired connotations such as impartiality and methodical approach, and can be used metaphorically. Introduced in the regulation of public procurement, ‘businesslike’ was later used to regulate conflicts of interest, restrict state aid and also entered tax legislation. Analysis of Swedish court decisions where ‘businesslike’ occurs shows how the emphasis has shifted from public sector efficiency to neo-liberal principles of competition, while stronger social norms related to environmental effects have led to the term being removed from the Public Procurement Act. Elements of a mixed jurisdiction arise from reliance on EU case-law, and national use of ambiguous cultural metaphors in legal texts and court decisions is a plausible response.
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| 8. |
- Friis, Eva, et al.
(författare)
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Expert Knowledge as a Condition of the Rhetorical Situation in Criminal Cases
- 2017
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Ingår i: Oslo Law Review. - Oslo, Norway : University of Oslo. - 2387-3299. ; 4:1, s. 28-47
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Tidskriftsartikel (refereegranskat)abstract
- This article focuses on the use of expert knowledge as a basis for legal decisions in serious criminal cases. Using a model that describes rhetorical situations, as well as empirical material based on 150 court decisions, the aim is to analyse the conditions surrounding the use of expert evidence in criminal law processes, to what extent and by whom such evidence is used, and how it affects the outcome of the cases. The rhetorical situation in criminal cases is reconstructed to include the exigence (urgent issue that requires addressing) and, thereby, the related discourse, in order to retrieve relevant conditions, which could be identified as evidentially favourable or unfavourable to the suspect and the prosecutor respectively. It is concluded that there is a theoretical imbalance between the parties to the benefit of the defendant. Empirically grounded analysis of the criminal cases shows, however, that the defendant’s theoretical advantage does not correspond to the actual situation in court. The results indicate that the defendant usually adopts a passive stance and therefore does not use favourable constraints effectively. The study also shows that the defendant’s chances of winning the case increase when they use written expert evidence and expert witnesses.
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| 9. |
- Friis, Eva, et al.
(författare)
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Expert Knowledge as a Condition of the Rhetorical Situation in Criminal Cases.
- 2017
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Ingår i: Oslo Law Review. - 2387-3299. ; 4:1-2017, s. 28-47
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Tidskriftsartikel (refereegranskat)abstract
- In the scope of a Swedish research project on expert knowledge as a basis for legal decisions, this article focuses on serious criminal cases. Using a model that describes rhetorical situations as well as empirical material based in 150 court decisions, the aim is to analyze the conditions surrounding the use of expert evidence in criminal law processes, to what extent and by whom such evidence is used, and how it affects the outcome of the cases.The rhetorical situation in criminal case is reconstructed to include the urgent issue and the thereby related discourse, in order to retrieve relevant conditions, which could be identified as evidentially favorable or unfavorable to the suspect and the prosecutor respectively. It is concluded that there is a theoretical imbalance between the parties’ to the benefit of the defendant. Empirically grounded analysis of the criminal cases shows, however, that the defendant’s theoretical advantage does not correspond to the actual situation in court. The results indicate that the defendant usually adopts a passive stance and therefore does not use favorable constraints effectively. The study has also shown that the defendant’s options to win the case increase when they actually use written expert evidence and expert witnesses.
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