| 1. |
- Schömer, Eva
(författare)
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Konstruktion av genus i rätten och samhället : en tvärvetenskaplig studie av svenska kvinnors rätt till jämställdhet i ett formellt jämlikt rättssystem
- 1999
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- On the first of January 1992 the present Equal Opportunity Act came into force. A central aim of this law is to improve the conditions of women's working life. One aspect of the law is the possibility to serve as a mean of shifting the balance of power between the sexes. This is meant to be achieved through the inclusion of requirements for active measures to promote equality. As a part of their statutory obligations, employers with ten or more employees are to draw up an annual so-called equality plan. Economic independence is one of the most important conditions, which is necessary in order for a person to develop into an equal individual in the society of today. Equal pay for equal work has been raised as a feminist demand ever since the industrialisation. The demand for equal pay for equal work is not only a feminist issue but also a question that has its roots in the liberal ideology of equality. The central question of the thesis is if there exist social rules that construct gender in the labour market. The question is illustrated from a feminist position and is discussed against the background of employers' active equality work and the Labour Court's judgement of cases concerning pay-discrimination. The starting-point is the paradox of "equal equality"("jämlik jämställdhet"): whilst there is a formal equality between the sexes i.e. they shall be treated equally, there is still the possibility of the law giving preference to one sex at the expense of the other. The thesis is interdisciplinary in its analysis of the Swedish Equal Opportunity Act. Instead of only discussing traditional questions concerning the law, the intention is to find answers to questions of whether the surrounding society affects the actual observation of the Equal Opportunity Act and the Labour court's application of the same law. If that is the case how does this occurs. The intention is thus to bring together two fields, which have been divided for long, that is the study of law and the study of society.
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| 2. |
- Steinberg, Maria
(författare)
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Skyddsombud i allas intresse : en rättsvetenskaplig studie
- 2004
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This study is about Swedish “safety delegates” (skyddsombud). The main function of a safety delegate (SD) is to represent employees in matters of work environment (health and safety including psychosocial aspects). The legislation concerning SDs is mainly found in the Swedish Work Environment Act (WEA) and in collective agreements.This study focuses on the Swedish work environment legislation. It has a special focus on the SD’s power to influence the work environment. The SD as a legal institution was founded in 1912 and can be considered to be the first representative of local democracy in the work place. There are approximately 110 000 SDs in Sweden today.An SD is almost always appointed by a local trade union. At first glance one can get the impression that an SD is just like any other trade union official, but the SD’s role is more complex. One question posed in this study is why is the role of the SDs so complex? In order to answer that question I have used traditional legal method complemented by a historical study. Another question posed in this study is, if the SDs can influence the work environment. In order to answer this question two empirical studies have been carried out. One study covers 200 cases when the SDs used their power to suspend work and another study covers 200 cases when the SDs used their power to request a decision from the Supervising Authority. Altogether 6 000 different factors have been analysed. The cases used in the study had been registered at the Supervision Authority (then called the Labour inspectorate, now called the Work Environment Authority).This study finds that the function of an SD is not only to represent the trade union, but also individual employees. Another function is to help the State to promote good work environment and to lessen public health costs. An SD can at the same time be regarded as a helper to the employee in order to promote good work environment. An SD also has a special function of receiving and sharing information on matters relating to the work environment. My findings from the empirical studies were that that SDs could influence their employer and/or the Supervising Authority in 96 % of cases by using suspension of work and in 92 % of the cases when using requests for a decision from the Supervising Authority. When comparing the SD’s power to request a decision and their power to suspend work, I found that the power to request was more effective in terms of influence. The SDs used their power many times for preventing matters relating to psychosocial problems such as violence, dissatisfaction with their boss or too great a work load with too little staff. Most of the suspensions of work and requests to the Supervision Authority were used by head or regional SDs. These powers were rarely used by women as women are less often appointed as head or regional SDs.The position of an SD is strong from a legal point of view with respect to preventing work accidents and injuries. SDs are in the interests of everyone, from employees to employers and the State.
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| 3. |
- Torpman, Jan, 1967-
(författare)
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Rättssystemets lärande
- 2002
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis is the first legal sociological study that applies the concept of learning to the legal system. This thesis treats a national legal system as a learning system. The thesis contrasts with the dominating tradition that emphasises the assumption that law is a system of norms. As a system of norms law is frequently described in terms of its static qualities. This type of legal sociology often reduces the legal system to a form of control with little self-determination or autonomy. Therefore the definition of legal concepts has been seen as a relatively unimportant and strictly legal affair. As a contrast this thesis shows how prerequisites for legal change are determined by the definition of basic legal concepts. One conceptual development process is investigated. The evolution of legal personality in German legal theory is followed historically from the 18th to the 20th century. The form of this development process is shown to support several observations of legal learning. It is shown that law learns by developing images of its environment framed in its concepts. The internal images of the environment of law make further learning possible. The evolution of modern law of associations is shown to encompass such a learning process. Law is also shown to learn by identifying and solving paradoxes in its internal structures. The identification and handling of paradoxes is shown to determine the ability of the legal system to change when its environment changes.
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