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- Burman, Monica, 1962-
(författare)
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Straffrätt och mäns våld mot kvinnor : Om straffrättens förmåga att producera jämställdhet
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Men’s physical and psychological violence against women in intimate relationships is a serious social problem and contravenes the political goal of gender equality. Over the last few decades men’s violence against women has become a central issue in Swedish gender equality politics. Criminal law reforms have been carried through with the objective of enhancing criminal legal protection for women and promoting gender equality. The starting point of this thesis, however, is that the ability of criminal law to promote gender equality must be questioned. Instead criminal law is at risk of producing and reproducing hindrances to gender equality and criminal legal protection for women. It is such processes in criminal law that are explored and analysed in this thesis, inspired by feminist legal theory and social constructionist theory, and through the application of discourse analysis. The main purpose of the thesis is to explore and analyze how violence, perpetrator and victim are constructed in the criminal legal discourse of men’s physical and psychological violence against women in intimate relationships and what legal or social consequences these constructions might have. A second aim of the thesis is to throw a light on and analyze two major criminal legal aspects of men’s physical and psychological violence against women in intimate relationships. Firstly, how criminal law deals with issues of responsibility for the violence. Secondly, how questions about the use of criminal law are linked to possibilities and problems from a crime victim-perspective. The analysis indicates two major problem areas. In the first, the victim is treated in relation to stereotypical conceptions of women exposed to violence. A male-gendered discourse on responsibility limits the possibilities for women to behave as actors in relation to men and still being offered the subject position of victim. In addition, a focus on questions such as “Why doesn’t she leave?” and “Why doesn’t she cooperate with the criminal justice system?” produces an understanding of the main problem of violence as being related to the victim. The second problem area concerns a tension between how criminal legal reforms, aimed at enhancing criminal legal protection for women and promoting gender equality, have been justified by the legislator and how mainstream criminal legal scholarship argues in the issue of use of criminal law.
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| 2. |
- Karlsson-Tuula, Marie, 1961-
(författare)
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Rekonstruktion av företag inom insolvenslagstiftningens ramar : en jämförande studie av svensk och amerikansk insolvensrätt
- 2001
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Insolvency law is the rooth of commercial and financial law because it obliges the legislator to chose. There is not enough money to go round so the law must chose who to pay. The law must always decide who is to bear the risk so there is always a winner and a loser. The insolvency law has been at the policy agenda in many countries in the last years. In France, Germany, Italy, Japan and other countries have the legal frameworks changed from liquidation procedures to reorganization business. The legal situation in Sweden has also changed from compositions to reorganization business, lagen om företagsrekonstruktion. The key issues are to encourage the formal proceeding by enlarging the debtors control of the business and by inroads creditors rights, in which case the proceeding is pro-debtor.This dissertation compares Swedish and American Bankruptcy Codes with respect to similarities and differences at macro- and micro perspectives. Chapter 11 Reorganization Business in America provides a corporate rehabilitation model, which has been used in other countries. The dissertation also compares the use of the concepts of - the purpose, - the function and - the direction of Swedish and American Bankruptcy Laws in order to establish whether the law is pro-debtor or pro-creditor. The key indicators of whether the rescue proceeding is pro-debtor or pro-creditor include; - How easy it is to enter the rescue proceeding. Debtor's incentives to commence proceeding, freeze on executions and liquidation petitions, impact on security, impact on title of finance, impact on set-off and netting, impact on contract rescissions and lease forfeitures. Disclaimer and abandonment, ability to replace the management, financing of the rescue, scope of the rehabilitation plan. It is argued that the optimal bankruptcy law can be achieved if the law purpose, the function and the law direction relate to each other in Sweden, in both reorganization business and in the liquidation code and it also compared with the American Bankruptcy Code. According to my opinion this is important both in a national and international context.The dissertation also deals with debtor's contract in an insolvency situation in reorganization business and in liquidation. Swedish Laws are compared to the American Bankruptcy Code and point out similarities and differences. In the American Bankruptcy Code there is a special section 365 § BC dealing with executory contract, this section is nearly the same for both the reorganization- and liquidationproceedings. The contracts must be unperformed which means the obligation of both the bankrupt and the other party in the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other. If the contract is unperformed the debtor has the possibility to chose if the contracts shall be assumed, assumed and assigned or rejected. Section 365 § BC requires the court to consider whether assumption of the contract in question will further be needed in either rehabilitation or liquidation of the bankruptcy estate. The court reviews the financial impact of the estate and if it is benefiting becoming administratively obligated to perform. The court also review if is best to breach the contract. In Sweden we have different sections which regulate the situation. One section in our reorganization law, lagen om företagsrekonstruktion, we also have two special sections in the law of Sale of Goods, which deals with contract when a debtor became insolvent or file for reorganization business. But we don't have any section in our liquidation law, konkurslagstiftningen, which in my opinion is very strange. We also have a problem with the legislation about swaps and netting which are regulated in a special law, lagen om handel med finansiella intrument. Particular attention is given to the advantages and disadvantages of the existing rules in Swedish legal system compared with 365 § in American Bankruptcy Code. From a national point of view such section should preferably include all types of contract in only one section which is nearly the same as the American model of section 365 §.
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