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Drugge, Ulf, 1945-
(författare)
Domstolar som konfliktreglerare : en komparativ undersökning av underrätternas konfliktreglerande verksamhet
1978
Doktorsavhandling (övrigt vetenskapligt/konstnärligt) abstract
Within the framework of the traditional sociological question, how the legal system is related to the society, the aim of this study is to treat the legal system as a conflict resolver. More specifically, the following questions will be treated:1.Which categories of people and which categories of organizations are as parties using the court for settling conflicts and in what types of conflicts do they act in this way?2.Howdoes the legal utilization vary over time? May socio-economical, demographical, and legal conditions explain these variations?This study only deals with conflict resolution in courts of first instance, so called district courts.One aim has been to get a general view over to what extent Swedish courts are utilized as conflict resolvers, and how this utilization varies over time. The discussion is mainly based upon official statistics. To complete this discussion, an empirical study has been realized. This study is comparative. The conflict solving activities between 1940 and 1969 has been examined in the town courts of Umeå and Luleå. The data basis consists of official statistics and collected informations from cases finally dealt with in the two courts. A stratified random sample out of these cases has been made. As a result of theoretical and methodological considerations the sample consists of only certain types of disputes and crimes.As a general conclusion, one can state that disputes before the courts nowadays as earlier are concerning socially and economically strong persons. However one must notify that this study is just a case study with its limitations.Concerning criminal cases, expected results from the study are that the proportion of workers among the prosecuted is bigger than the proportion of prosecuted business leaders. Interesting however, is that the unskilled are well represented in the data material. This means a different picture compared to the distribution of plaintiffs in civil cases. The changes in character of the conflict constellations occured in the two towns at the same time as summary legal processes were introduced in criminal cases at the end of the 1940's. A bigger proportion of workers as prosecuted party is observed after that processual simplification. Pro-cessual simplifications of that kind seem to strengthen rather than to weaken the occupational bias among the prosecuted persons, at least in crime cases with an injured person involved.Concerning criminal cases, we have finally assumpted that during phases of social and economical stagnation both the number of prosecuted workers and the number of theft and drunkeness cases increases in the type of industrialized community that Luleå belongs to. In more socially and economically differentiated communities, like Umeå, the same type of development is more linked to phases of economical expansion. While increases in the pressure of temptation are widening the economical conditions for people, this may be the reasonable explanation to the variations in the conflict resolving activities in the courts between different local communities. Explanations, close to those used to explain criminal activity caused by poverty, may refer to local communities dominated by industry.
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Höglund, Sten, 1939-
(författare)
Centralisering och reduktion av medlemsinflytandet i en stor facklig organisation
1979
Doktorsavhandling (övrigt vetenskapligt/konstnärligt) abstract
This dissertation binds together and draws conclusions from a research project concerning conditions surrounding the growth of a bureaucratic element in large (union) organisations. In order to promote a wider knowledge of these conditions, a study was made of the great constitutional reform which the Swedish Confederation of Trade Unions underwent in 1941. An attempt was made to find the main driving force behind that constitutional reform.The study was drawn up as a case-study. The method is primarily historical-sociological. The data is primarily drawn from official sources and from the organisations. The results of a number of empirical studies are summarized.On a concrete level, it is possible to trace the Confederation's great constitutional reform back to conflicts between the Government and organisations operating within the labour market during the economic crisis at the beginning of the 1930's. The Government asserted its position in relation to the Labour organisations, and, as a last resort, threatened them with legislation. The putting through of the Saltsjöbaden Agreement between the Swedish Employers' Association and the Confederation of Trade Unions in 1938, with its subsequent changes towards authoritative centralisation in the Confederations1 s constitution, took the place of the legislation in question.On a more general level, centralisation and a reduction in membership influence may be seen as the price to be paid for the Confederation's method of adjusting itself to the development needs of a capitalist economic system. Within the Confederation of Trade Unions, a conflict developed between, on the one hand, the demands of members and the task of functioning as an organ of union struggle, and on the other, the demands of economic politics. These two demands were not always in harmony.The result of the case-study may thus be seen to be generally applicable on the causal side, in the restrictions which a capitalist economy's development, and the conditions of stabilisation politics, tended to set upon union activity (regarding conflict tactics and wage-policies). On the effect side, the results of the case-study are not generally appi i-cable. From the Government's side, conceivable measures in the face of conflict may include direct compulsion, informal appeals, or total passivity. From the organisation's side, possible reactions may range from voluntary cooperation to open conflict and struggle against the state. The main Swedish union organisations have, except in rare instances, cooperated voluntarily - under the latent threat of state intervention. The price, from the Confederation's side, has included a reduction of membership influence concerning conflict tactics and wage-policies.At the organisational level, this development has probably worked along with pressure from the Swedish Employers's Association, advantages to be gained from large-scale operation, and the need to find ways to solve inner conflicts, concerning, among other things, the enactment of the solidarity wage-policy under the restrictions mentioned above. Even the "inner dynamic" in large organisations, as identified by Robert Michels, has probably contributed to the total result.
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