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Lawyers in the Third World : comparative and developmental perspectives
- 1981
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- The underlying reason for this book is a concern about the social impact of legal professions on "development" and "underdevelopment" and on the capacity of the mass of people in the countries studied (who are poor by any standards) to use law to better their social condition.Part of the book is a collection of empirical and historical studies of lawyers in various Third World countries. These studies offer data and insights of value to legal and other scholars of the countries and regions examined; material for historians of colonial societies; contributions to theories of professionalism and the sociology of occupational groups, evidence to support theories which link characteristics of legal professions with characteristics of the political economy within which they exist.An overview essay discusses different paradigms which have influenced thinking about development and the significance of lawyers in it, and different approaches which may affect the study and evaluation of legal professions. The country studies come next. The concluding chapters set out some generalizations about social factors which have influenced the history and character of Third World professions and the social impact of professions, notably on the rural poor. Generally, the case studies suggest that legal professions contribute to the kind of highly skewed distribution of wealth and power now characteristic of many Third World polities. A final chapter explores the implications of these findings for alternative approaches to development.
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- Lindblom, Per Henrik
(författare)
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Rätt och rättstillämpning
- 1987
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Ingår i: Norstedts Juridiska Handbok. ; , s. 1-12
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Bokkapitel (populärvet., debatt m.m.)
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- Nyman, Kjell
(författare)
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Byggnadsfirman Anders Diös AB mot staten
- 1980
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Ingår i: Kulturminnesvård. - Stockholm : Riksantikvarieämbetet. - 0346-9077. ; [5]:2, s. 45-49
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Tidskriftsartikel (populärvet., debatt m.m.)
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- Taussi Sjöberg, Marja, 1943-
(författare)
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Brott och straff i Västernorrland 1861-1890
- 1981
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- How did people manage to survive the adjustment from an agrarian way of life to an urban and industrial one, and how did communities undergoing this transformation deal with the new problems which arose in connection with the change? These problems are studied in this work, which is about crime, criminals and the control of crime in a province in northern Sweden which changed rapidly between the years of 1861-90 as a result of the tremendous expansion of the forestry industry. It became apparent that the change from agrarian to industrial society did not lead to a brutalisation of people's behaviour. Serious crimes did not increase. Communities managed to survive the transformation well and were highly mobilised to meet the change. New laws were created and the control of the adherence to the laws was changed. The control of minor criminality passed over from local autonomous institutions to general courts. This change can be seen in the official statistics, which show that the number of minor crimes increased considerably. The threat to the continuation of social order was believed by the authorities to come from mobile workers, and society's control was aimed primarily at this group. Seasonal workers were, among others, controlled with the help of the drunkenness ordinance and the vagrancy regulation. It was mobile labour which felt the change the most strongly. More people found themselves in prison and for lesser offences than previously, due to the fact that fines were to a greater extent changed to a prison sentence on bread and water. Even if society managed to survive the adjustment from agrarian to industrial reasonably well, many individuals did not. Especially vulnerable groups were, apart from seasonal workers, the young and the very old. Prison recidivism did occur in the agrarian society, as did ostracism, but prison recidivism became more and more common in connection with industrialisation and people became outcasts at an earlier age.
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- Banakar, Reza
(författare)
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The Dilemma of Law: An Examination of Cotrovertial Judicial Decisions in Ethno-Culturally Based Legal Disputes
- 1989
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Ingår i: Tidskrift för rättssociologi. ; 6:3/4, s. 225-249
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Tidskriftsartikel (refereegranskat)abstract
- In October 1989, a 24-year-old Kurdish immigrant from Iraq was brought before the Sandviken Lower Court in Sweden charged with assaulting, coercing and threatening his pregnant ex-girlfriend who had left him to live with another man. Although, the court found the defendant guilty as charged, it nevertheless released him on a suspended sentence and a fine of 3000 Swedish Kronor. Conviction on this type of criminal offence against a person ordinarily carried six months imprisonment, but in this case, when the court came to sentencing the accused, it argued that his “cultural” background provided a mitigating circumstance. According to the court’s judgement, the fact that the accused had a different (non-Swedish) culture meant that his perception of his actions, which were in Swedish law labelled as “assault”, were different. Moreover, the court added that at the time when the assault took place, the accused felt that his integrity had been violated. This ruling was met with protest from several quarters. Lawyers and the judiciary questioned the relevance of the assumed cultural background of the accused for sentencing. Various women’s associations and interest groups highlighted that the ruling legalised violence against women. Immigrant associations, each in their own way, regarded the wording of the judgement as a threat to the precariously balanced ethno-cultural relations in the country. This paper provides a socio-legal analysis of this case, which is among the first legal cases in Sweden concernintg the clash of cultures.
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