| 1. |
- Bakketeig, Elisiv, et al.
(författare)
-
Deliberating the conditions for implementing the Barnahus model : Knowledge drawn from an institutional analysis
- 2024
-
Ingår i: Justice and recovery for victimised children : Institutional tensions in Nordic and European Barnahus models - Institutional tensions in Nordic and European Barnahus models. - 9783031532320 - 9783031532337 ; , s. 249-277
-
Bokkapitel (refereegranskat)abstract
- Referring to the PROMISE network’s European Barnahus quality standards, this concluding chapter further explores the institutional tensions identified in the previous chapters. Although these standards are important for securing the Barnahus model’s authenticity in the ongoing diffusion, they do not sufficiently address the possible tensions and dilemmas involved. We argue that if the Barnahus model is to reach its full potential, challenges must be identified in order to develop ways to solve them in relation to the various national systems where the model is implemented. Otherwise, the Barnahus model may not reach its full potential within different national contexts, since governments may use the model mainly as a symbol that something is being done instead of a source for more fundamental systemic changes.
|
|
| 2. |
- Johansson, Susanna, et al.
(författare)
-
Diffusion and translation of the Barnahus model through the lens of institutional tensions
- 2024
-
Ingår i: Justice and recovery for victimised children : Institutional tensions in Nordic and European Barnahus models - Institutional tensions in Nordic and European Barnahus models. - 9783031532337 - 9783031532320 ; , s. 1-42
-
Bokkapitel (refereegranskat)abstract
- Since the Barnahus model was first introduced in Iceland in 1998, it has spread to a number of European countries, both within and beyond the Nordic region. This introductory chapter has two main objectives: The first is to describe the further diffusion of the Barnahus model throughout Europe and to exemplify various translations at local levels; the second is to set the framework for the book by introducing the concepts of institutional tensions and logics. We introduce the concepts involved in understanding the Barnahus model in the light of its ongoing implementation within different institutional contexts and related to this book’s four main themes: (1) legal tensions, (2) organisational tensions, (3) professional-ethical tensions, and (4) balancing institutional tensions.
|
|
| 3. |
- Johansson, Susanna, et al.
(författare)
-
Implementing the Nordic Barnahus Model : Characteristics and Local Adaptions
- 2017. - 1
-
Ingår i: Collaborating Against Child Abuse : Exploring the Nordic Barnahus Model - Exploring the Nordic Barnahus Model. - Cham : Springer International Publishing. - 9783319583877 - 9783319583884 ; , s. 1-31
-
Bokkapitel (refereegranskat)abstract
- This chapter describes the background for, and implementation of, the Barnahus model within the Nordic countries. It highlights the core elements of the model and the specifics of the Nordic welfare state context relating to the child welfare and criminal justice systems. A contextual and comparative perspective is used to shed light on how the model is shaped by the legal and institutional context in which it has been implemented. Local adaptions of the Barnahus model, specific to each Nordic country, are also identified. Finally, the outline of the book, containing sixteen chapters divided into four broad themes, is presented.
|
|
| 4. |
- Stefansen, Kari, et al.
(författare)
-
Epilogue: The Barnahus Model : Potentials and Challenges in the Nordic Context and Beyond
- 2017. - 1
-
Ingår i: Collaborating Against Child Abuse : Exploring the Nordic Barnahus Model - Exploring the Nordic Barnahus Model. - Cham : Springer International Publishing. - 9783319583884 - 9783319583877 ; , s. 331-352
-
Bokkapitel (refereegranskat)abstract
- A key message from this chapter - and the book as such - is that the Nordic Barnahus model is a step in the right direction in terms of meeting victimised children's needs and legal rights, and that it could be recommended as a promising practice for other countries. At the same time, it is not a quick fix. In light of the book contributions, this chapter discusses the potentials and challenges of the Barnahus model in the Nordic context and beyond. It highlights the importance of the Nordic welfare state context for the implementation of the model and discusses the different modes of governance that have developed around it. The chapter further describes how the implementation of the Barnahus model has led to the development of a new institutional field - the Barnahus field - and a corresponding field of multidisciplinary research.
|
|
| 5. |
- Alexius, Katarina, et al.
(författare)
-
Forskare: Ge socialtjänsten rätt verktyg
- 2015
-
Ingår i: Svenska dagbladet. - Stockholm. - 1101-2412. ; :2015-12-11
-
Tidskriftsartikel (populärvet., debatt m.m.)abstract
- Att socialtjänstens personal kan hantera och tolka nyckelbegrepp som ”barnets bästa” och ”god vård” är helt avgörande för förstärkningar av barns reella rättigheter, skriver forskare vid Stockholms universitet och Ersta Sköndal högskola.
|
|
| 6. |
- Adami, Rebecca, 1982-, et al.
(författare)
-
The Rights of the Child : Legal, Political and Ethical Challenges
- 2023
-
Bok (refereegranskat)abstract
- How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.
|
|
| 7. |
- Andersson, Malou, 1973-
(författare)
-
Grov fridskränkning och grov kvinnofridskränkning : Fridskränkningsbrotten som rättslig konstruktion
- 2016
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Over the last decades men’s physical and psychological violence against women in intimate relationships (domestic violence) has become a central issue in Swedish politics. Men’s physical and psychological violence against women is generally be understood as including physical, sexual and psychological violence (e.g rape, battery, sexual abuse or insults) that occurs within the family, whether or not the perpetrator shares or has shared the same residence with the woman. Law reforms have been carried through with the objective of enhancing criminal legal protection for women. In 1999, a new law came into force within the framework of chapter 4 of the Penal Code which includes any member of the family with the objective to treat acts that are already criminal from a different perspective if they are committed within a pattern of systematic physical and psychological violence.This doctoral thesis examines the concept of domestic violence and the criminal act in Chapter 4, section 4 a of the Swedish Penal Code which prescribes liability for violation of integrity offences. According to the first paragraph, a person who commits criminal acts as defined in Chapters 3, 4, 6 or 12 or of the Swedish Penal Code (e.g. rape, battery, sexual abuse or insults) or violation of a restraining order against a person with whom they have or have previously had, a close relationship will be sentenced for gross violation of integrity to imprisonment for at least nine months and at most six years if each of the acts were part of a repeated violation of the person’s integrity and the acts were liable to severely damage the person’s self-esteem. The second paragraph states if the acts were committed by a man against a woman to whom he is, or has been married or with whom he is, or has been cohabiting under circumstances comparable to marriage. He will instead be sentenced for a gross violation of a woman’s integrity to the same punishment. The objective of introducing a violation of integrity offence was to enable criminal proceedings to take in to account the abused person’s entire situation when he or she has been subjected to a series of albeit punishable but often individually relatively minor acts and to bring about an upgrading of the penal value of such acts. The main purpose of this thesis is to examine when and under which circumstances a person can be held responsible for gross violation of integrity or gross violation of a woman’s integrity. The analysis aims at the construction of the law, but also to examine the legal and social consequences and the interpretation and application of the law.
|
|
| 8. |
|
|
| 9. |
|
|
| 10. |
-
Children in Custody Disputes : Matching Legal Proceedings to Problems
- 2024
-
Samlingsverk (redaktörskap) (refereegranskat)abstract
- This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives. They examine central legal, ethical and knowledge-based dilemmas in custody dispute proceedings. The findings speak to an international audience and suggest ways how to best realize the interests of the child. It transcends disciplinary, institutional, and jurisdictional boundaries in search of new knowledge.
|
|
| 11. |
-
Collaborating Against Child Abuse : Exploring the Nordic Barnahus Model
- 2017. - 1
-
Samlingsverk (redaktörskap) (refereegranskat)abstract
- This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model - recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduced as a response to a growing recognition of the need for more integrated and child-centred services for children exposed to violence and sexual abuse. In the Barnahus structure, different professions work together to ensure that victimized children receive help and treatment and that their legal rights are met. This original study is organised in four broad themes: child-friendliness, support and treatment; the forensic child investigative interview; children's rights perspectives; and interagency collaboration and professional autonomy. Each themed section includes in-depth chapters from different Nordic countries, outlining and analysing the practice and outcomes of the collaborative work engaged in by Barnahus from different perspectives. The introductory and concluding chapters offer a comparative lens useful for policy and practice implementation within the Nordic welfare state context and beyond, ensuring this book has global academic and practical appeal.
|
|
| 12. |
|
|
| 13. |
|
|
| 14. |
- Dane, Louise, 1986-
(författare)
-
Den reglerade invandringen och barnets bästa : Barns rätt till familjeliv och privatliv enligt barnkonventionen, Europakonventionen, EU-rätten och svensk utlänningslagstiftning
- 2019
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis analyses the principle of the best interests of the child and the right to private and family life in relation to the societal interest of controlling immigration. The aim of the thesis is to contribute to ensuring more predictable and transparent legislation and decision-making.States, generally, have the right to control immigration. At the same time, a child’s right to family and private life is a human right – regulated, for example, by the UN Convention of the Rights of the Child, the European Convention on Human Rights and the EU Charter of Fundamental Rights. This means that states can only restrict these rights when such interference is justified. In migration cases concerning private and family life, an assessment therefore must be made as to whether a decision to refuse residence is proportional. When a child is affected by such a decision, the child's best interests must be carefully assessed and taken into consideration. This thesis examines what is legally required of a correct decision in migration cases concerning a child’s right to private and family life. Particular attention is given to those requirements imposed on lawmakers and legal actors by the public law principles of legality, objectivity and proportionality, as well as the duty to give reasoned decisions. This thesis charts the development and foundations of Swedish migration law including those requirements arising from EU and public international law. The focus thereafter is more specifically on the assessments made balancing the interests of children's rights and immigration control.Whether a restriction of the right to private and family life is proportionate is determined by the specific circumstances in the individual case. However, the research conducted demonstrates that there is a lack of guidance concerning which circumstances Swedish legal actors can and should consider, as well as the weight that should be attributed to the considered circumstances. The interest of immigration control is particularly ambiguous. The thesis identifies four types of circumstances that the Swedish lawmaker appears to suggest legal actors consider within this interest; (a) public order and security, (b) maintenance and enforcement of immigration control, (c) national economic well-being (including number of migrants), and (d) protection of the rights and freedoms of others.Lack of clear guidance is problematic, particularly in light of the principles of legality, objectivity and proportionality, as the outcomes of cases depend on what individual legal actors choose to consider. Vague guidance on what constitutes relevant circumstances may also contribute to the problem of poorly formulated decisions as identified in previous research. In order to increase the probability of legal actors rendering more correct decisions – on the basis of applicable law – a five-step model is presented: (1) identifying private and/or family life (2) identifying the child's best interests (3) identifying the underlying motivations linked to the interest of immigration control (4) listing the arguments for and against granting residence in Sweden and (5) determining which interests should prevail.The thesis concludes with a number of recommendations aimed mainly at lawmakers that could contribute to strengthening children's rights and increasing adherence to the rule of law in migration cases concerning children's right to private and family life.
|
|
| 15. |
- Hellner, Agnes, 1982-, et al.
(författare)
-
Beyond the Horizon : Matching Legal Proceedings to Problems in Custody Disputes
- 2024
-
Ingår i: Children in Custody Disputes. - : Palgrave Macmillan. - 9783031463006 ; , s. 185-207
-
Bokkapitel (refereegranskat)abstract
- Finding a good match between legal proceedings and the problems they will be used to address, is by no means a new challenge. The complexity of custody disputes—the variations in underlying factors, the child’s individual needs, experience, and views, and the health and life circumstances of the parents—can make the challenge seem overwhelming. Therefore, rather than diving into the details of the law applicable to custody disputes, the present anthology seeks to address broader perspectives, and look for new ways forward, perhaps beyond those set out in current laws.
|
|
| 16. |
- Jarnesand, Marie, 1980-
(författare)
-
Högsta domstolen och enhetligheten : Om enhetlighetsargumentets betydelse för prejudikatprocessen
- 2023
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Argumentation of uniformity with respect to the Supreme Court has a long tradition and appears in the procedural law context in a variety of ways. It is widely used as a motive for introducing or arguing against changes in the process order, as well as an argument to justify that the Supreme Court must and should act in a certain way. Argumentation of uniformity is further used to legitimize as well as evaluate and criticize the Supreme Court’s role as precedent body. In this doctoral thesis the use and significance of uniformity argumentation regarding the Supreme Court, hereafter the uniformity argument, is examined, analysed and nuanced. A preliminary point of departure for the study is that the uniformity argument may not be as uniform as it appears at first glance. What appears to be the same argument, may in fact hide nuances, different layers or even contradictions, which can be brought to light by studying the uniformity argument more closely in the different contexts in which it is raised.In conclusion, I have highlighted some possible distinctions in the uniformity argument. Among other things, I have pointed to a broader uniformity argument and a narrower one. The broader uniformity argument is described as including both questions of law and questions of fact, in contrast to the narrower uniformity argument which only aims at the position with questions of law. I have highlighted a forward-looking and proactive uniformity argument and a backward-looking and reactive one. I have highlighted that the uniformity argument is used in virtually all contexts where the Supreme Court is discussed or shaped. Furthermore, I have shown how the uniformity argument is used with a variety of uses. I have put my finger on the continuity of the uniformity argument in precedent procedural contexts despite clear changes in the procedural landscape. I have identified that the vagueness of the uniformity argument is important for its resilience, but that this same vagueness can create problems. The thesis has identified, made visible and problematized that the uniformity argument contains different aspects and that different procedural institutes are based on different arguments. This becomes important for the Supreme Court as a precedent instance. The hope is that the results of the thesis will contribute to increasing the rigor in discussions and reforms about the Supreme Court’s operations and focus. In a larger perspective, the study has made visible how a soluble argument such as uniformity acts as a form of meta-norm that gains importance on a variety of levels, for theory formation, legislative policy and procedural rules.
|
|
| 17. |
- Johansson, Susanna, et al.
(författare)
-
Included on paper, excluded in practice: or vice versa? : Formal and actual target groups of Barnahus across jurisdictions
- 2024
-
Ingår i: Justice and recovery for victimised children : Institutional tensions in Nordic and European Barnahus models - Institutional tensions in Nordic and European Barnahus models. - 9783031532337 - 9783031532320 ; , s. 167-192
-
Bokkapitel (refereegranskat)abstract
- The ongoing diffusion and European standardisation of the Barnahus model has involved a general expansion of the Barnahus target group, and variations in terms of inclusion and exclusion of different groups of children, such as those who have experienced domestic violence and those who have exhibited sexually harmful behaviour. Based on policy documents, reports, standards, and regulations from Sweden, Norway, and the European policy level, this chapter analyses how the positioning of children—as aggrieved parties, vulnerable individuals, and family members—is manifested in Barnahus regulations and case processing across jurisdictions, using Sweden and Norway as in-depth cases. The chapter shows how the positioning of children affects who is granted access to Barnahus (and to which services) during the different stages of case processing.
|
|
| 18. |
- Johansson, Susanna, et al.
(författare)
-
Power Dynamics in Barnahus Collaboration
- 2017. - 1
-
Ingår i: Collaborating Against Child Abuse : Exploring the Nordic Barnahus Model - Exploring the Nordic Barnahus Model. - Cham : Springer International Publishing. - 9783319583877 - 9783319583884 ; , s. 251-271
-
Bokkapitel (refereegranskat)abstract
- Barnahus collaboration spans different regulatory fields and brings together conflicting logics, creating an institutional tension between justice and welfare. In this chapter, collaboration in Swedish Barnahus is analysed in a critical manner, drawing on institutional theory and a three-dimensional concept of power. The complex institutional power dynamics evolving in Barnahus collaboration are illustrated, and subsequently how the tension between justice and welfare is negotiated and balanced. A central conclusion is the identified process of 'juridification' as an institutional power effect. Since multi-agency collaboration often exerts a cognitive power that builds on consensus, the framework presented in this chapter - revealing underlying conflicts of interests and power imbalances - is very important for understanding Barnahus collaboration, as well as other similar contexts of collaboration and integrated services.
|
|
| 19. |
-
Justice and recovery for victimised children : Institutional tensions in Nordic and European Barnahus models
- 2024
-
Bok (refereegranskat)abstract
- This open access book contributes to ongoing discussions about how societies should respond to children who have experienced violence and abuse by delving into the Barnahus model: a multidisciplinary and co-located model whose aim is to provide both justice and recovery to victimised children. The promising model was first implemented in the Nordic region and is currently being diffused across Europe, although scientific knowledge about the model remains scarce: the Barnahus model’s potential for delivering holistic services, the various tensions and dilemmas involved in the model, and how dual mandate of Barnahus can be managed all require further research. Continuing from the volume Collaborating Against Child Abuse (2017) which examined the process of Barnahus’ diffusion in the Nordic countries, the current book digs deeper into the intrinsic institutional tensions of the model, as well as those that might arise during collaboration, in order to advance our understanding of what can be achieved through the model and thus improve the situation of child victims of violence and abuse. An institutional perspective is used in the book which is structured in four parts. The first three parts explore different types of institutional tensions –legal, organisational, and professional-ethical, while the fourth focuses on how these tensions may be balanced. The book’s authors chart this new phase in the diffusion and translation of the Barnahus model. Their analyses will provide valuable guidance to countries that are currently considering or are already implementing the model.
|
|
| 20. |
|
|
| 21. |
- Kaldal, Anna, et al.
(författare)
-
Barnahusutredningen 2010
- 2010
-
Bok (övrigt vetenskapligt/konstnärligt)abstract
- I juni 2009 fick Juridiska institutionen vid Stockholms universitet i uppdrag av Rikspolisstyrelsen, Åklagarmyndigheten, Socialstyrelsen och Rättsmedicinalverket att genomföra utvärdering av myndighetssamverkan i gemensamma lokaler kring barn som misstänks vara utsatta för brott, s.k. barnahus. I uppdraget ingick att jämföra förundersökningskvalitet och psykosociala insatser till barn misstänkt utsatta för brott på åtta orter med barnahus och fyra orter utan barnahus.
|
|
| 22. |
|
|
| 23. |
|
|
| 24. |
|
|
| 25. |
- Kaldal, Anna
(författare)
-
Barns rättigheter – vuxnas ansvar
- 2015
-
Ingår i: Från Alfons till Dostojevskij 2. - : Fondi förlag. - 9789198209525
-
Bokkapitel (populärvet., debatt m.m.)
|
|
| 26. |
|
|
| 27. |
|
|
| 28. |
- Kaldal, Anna, et al.
(författare)
-
Children's Right to Information in Barnahus
- 2017. - 1
-
Ingår i: Collaborating Against Child Abuse. - Cham : Palgrave Macmillan. - 9783319583884 - 9783319583877 - 9783319863955 ; , s. 207-226
-
Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The child’s right to information is part of the child’s fundamental human right of participation and access to justice according to the CRC. The child’s right to information is also stated in the Swedish national guidelines for Barnahus and in Swedish national law. The child´s right to information is, however, connected to both legal dilemmas and dilemmas in practice. In this chapter, we discuss children’s right to participation from a child rights perspective in a criminal investigation in Barnahus.
|
|
| 29. |
|
|
| 30. |
|
|
| 31. |
- Kaldal, Anna, 1966-, et al.
(författare)
-
Diskussion
- 2020
-
Ingår i: Barn i brottmål. En antologi.. - Stockholm : Jure. - 9789172238183
-
Bokkapitel (övrigt vetenskapligt/konstnärligt)
|
|
| 32. |
|
|
| 33. |
|
|
| 34. |
|
|
| 35. |
- Kaldal, Anna, 1966-, et al.
(författare)
-
Inledande kapitel
- 2020
-
Ingår i: Barn i brottmål. - Stockholm : Jure. - 9789172238183
-
Bokkapitel (övrigt vetenskapligt/konstnärligt)
|
|
| 36. |
- Kaldal, Anna, et al.
(författare)
-
Nya sexualbrottsprejudikat?
- 2010
-
Ingår i: Juridisk Tidskrift. - 1100-7761 .- 2002-3545. ; :1, s. 95-103
-
Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)
|
|
| 37. |
|
|
| 38. |
- Kaldal, Anna, 1966-
(författare)
-
Parallella processer : En rättsvetenskaplig studie av riskbedömningar i vårdnads- och LVU-mål
- 2010
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Crimes against children are among the most complicated. One of the reasons is high demand on the evidence in a criminal case. As a consequence, many alleged crimes may be difficult to solve. In order to protect the child from future harm, further legal processes might become necessary. The thesis studies risk assessment in custody cases and child protection cases. One aim of the thesis concerns what evidential criteria relate to the definition of risk within each act and if the law gives any indication of what information that is required in order to assess such risk. Related to the second theme is the issue of what legal possibilities exist to involve the child in the process. The thesis also applies a behavioral science perspective, and provides an overview of the discussion within the research area of children and risk. Limitations in contact between a child and a parent based on the legal concept of risk constitute exceptions to the main principle that children and parents have a right to live together. This presumption characterizes the current procedural legal frameworks. For example, the party that claims that there is a risk for the child also carries the burden of proof. The level of risk must be at least probable. If this level of risk can not be proven, there is no risk from a legal point of view, and consequently no possibility to intervene against the parents will. A regulation with more options to act within a lower risk domain could be motivated from a child protection perspective (risk monitoring). The similarities between custody cases which involves accusations of abuse of a child and a child protection case, motivates that both types of cases are handled in the same way and by the same authorities. In order to supply the court with sufficient information, it is necessary to secure both the authority and the competence to carry out this responsibility in the best possible way. This motivates not only alignment of investigative procedures, but also that the investigative body is equipped with the same authority and competence.
|
|
| 39. |
|
|
| 40. |
|
|
| 41. |
|
|
| 42. |
|
|
| 43. |
|
|
| 44. |
|
|
| 45. |
|
|
| 46. |
|
|
| 47. |
- Kankaanpää Thell, Emelie, 1986-
(författare)
-
Från föräldrars ansvar till ansvarsfrihet för föräldrar : En rättsvetenskaplig studie av föräldrars begränsande och tillrättavisande handlingar mot barn
- 2023
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis analyses and discusses the responsibility of parents in matters relating to restrictive and corrective actions against their children. The thesis argues that the child’s right to a good upbringing under the Swedish Parental Code (1949:381) should be understood as a rights-based process towards legal adulthood. This right is also a fundamental part of the parents’ responsibility for supervision and care of the child and therefore essential to understand the legal norms and limits on restrictive and corrective actions.Milder restrictive and corrective actions towards children are mainly handled within the criminal law system and there within an unwritten exception for criminal liability for such actions. This thesis highlights that the legal test for whether or not restrictive and corrective actions committed by a parent against a child fulfil the objective element of a crime should be based on norms from the family law system, namely the parents’ responsibility for supervision and care and the child’s right to a good upbringing as a rights-based process.
|
|
| 48. |
|
|
| 49. |
- Kindström Dahlin, Moa, et al.
(författare)
-
Swedish Legal Scholarship Concerning Protection of Vulnerable Groups : Therapeutic and Proactive Dimensions
- 2010
-
Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527 .- 1873-6386. ; 33:5-6, s. 398-405
-
Tidskriftsartikel (refereegranskat)abstract
- This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need.
|
|
| 50. |
|
|
