| 11. |
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| 12. |
- Modéer, Kjell-Åke
(författare)
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When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch
- 2019
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Ingår i: Comparative Legal History. - : Edward Elgar Publishing. - 9781781955215 - 9781781955222 ; , s. 400-414
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- After 1945, the Scandinavian legal cultures changed focus. Before World War II, the influences from German legal culture had dominated for almost a century. During the post-war period, the Anglo-American law and legal culture became increasingly important, especially in Denmark and Norway. Due to its ‘neutral’ position during the war, Sweden developed an interesting position. A strong positivistic tradition together with the Scandinavian legal realism developed the internalized legal culture of modernity, which was threatened in the new European context after 1990. This chapter problematizes the construct of the legal family (as defined by Zweigert and Kötz in 1970) and its comparison regarding coherence and similarities. It also looks into Scandinavian legal cultures during the period, focusing on their differences. Five parameters are compared: (1) ideologies; (2) constitutions; (3) the creation of norms; (4) legal actors; and (5) infrastructures.
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| 13. |
- Selander, Sven-Åke, et al.
(författare)
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Law, Religion and Ethics in Christian Hymns
- 2010
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Ingår i: Law & Religion in the 21st Century : Nordic Perspectives - Nordic Perspectives. - 9788757423686 - 8757423687 ; , s. 435-450
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Bokkapitel (refereegranskat)
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| 14. |
- Ställvik, Olof, 1975-
(författare)
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Domarrollen : Rättsregler, yrkeskultur och ideal
- 2009
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The role of judges has not previously been systematically analyzed in Swedish legal research. Rather, legal scholarship has focused on the role of courts as institutions in the legal system. This is despite the fact that legal education in Sweden is often said to be focused on the methods used by judges when dealing with cases. The aim of this dissertation is to consider the professional position of judges in Sweden by applying an interdisciplinary approach. This is done by combining the legal and constitutional notions of judicial independence with theories on professionalization and de-professionalization. Empirically the investigation is based on a constitutional and historical analysis as well as in-depth interviews with eighteen Swedish judges, thereby taking a broad methodological approach. The main conclusion is that actual judicial independence can not be attained solely by legal means and instruments. In fact, legal culture (as defined by the Finnish legal scholar Kaarlo Tuori) and judicial culture (as in professional culture) are more important for the existence of judicial independence than legal rules alone. Thus, professional values are often a more important guarantee of judicial integrity, professionalism and good judgment than constitutional or legal rules. However, legal rules can be a gauge as to how judicial independence is valued and ascertained in a specific legal culture. In Sweden, the judicial professional culture has been closely linked to the executive branch of government since the early 17th century. From a constitutional perspective, this raises questions concerning the independence of the judiciary vis-à-vis the executive and, perhaps more importantly, how judges perceive themselves and their role in the larger context of the Swedish legal order and legal culture. Are judges thus the agent of the executive, the protector of civil rights, the arbitrator of disputes, or something else? Furthermore, some recent developments in administrative management have put courts and judges under pressure. Often labeled New Public Management, these tendencies have conveyed a greater focus on the economic efficiency of public management, including auditing, management by objectives, and decentralization. This focus on management and economic efficiency threatens to infringe on professional autonomy and thus on judicial independence. However, this development is somewhat countered by other developments in Swedish legal culture, notably the influence of European human rights and community law.
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| 15. |
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