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- Persson, Annina H., 1963-, et al.
(author)
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Household Credit, Indebtedness and Insolvency
- 2013
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In: European Review of Private Law. - Bedfordshire : Wolters Kluwer. - 0928-9801 .- 1875-8371. ; 21:3, s. 795-814
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Journal article (peer-reviewed)abstract
- The problem of excessive debt among households in Sweden is increasing. As a result of the development within the financial sector, households in Sweden have increased their debt incurrence markedly. It has been relatively easy to borrow money, due to the deregulation of the credit market in Sweden in the 1990s and the low interest rates in recent years. As mortgage loan is the bulk of the total household debt, the risk that individuals will be affected by excessive debt incurrence and insolvency has therefore increased. Therefore, a number of new legislative changes have been implemented to overcome this problem. In order to prevent these risks, the Financial Authority has adopted a rule that stipulates that new loans should not exceed 85% of the property market value. Reports from both the Swedish Enforcement Authority and the Swedish Financial Supervisory Authority show that 20% of Swedish households have a difficult time making ends meet. Those who are affected by excessive debt often experience a lower standard of living since frequently they are impacted by distraint.The aim of this paper is to describe and analyze the excessive debt situation in terms of insolvency and effects on households and society. Firstly, we intend to investigate foreclosures in Sweden, both regionally and over time. Why are certain regions less frequently affected by these risks while other regions show higher levels of risk even during generally good years? Secondly, we will investigate whether (a) whether properties that have undergone executive auction are sold at a lesser value, (b) if these properties have an impact on the property prices in the vicinity and (c) if those who buy these properties themselves run a greater risk of insolvency. Thirdly, a closely related area of legal interest is investigating to what extent legislation provides a protective net for the debtor who, through the executive auction, thereby loses his/her residence.
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- Munthe, Christian, 1962
(author)
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The Price of Precaution and the Ethics of Risk
- 2011
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Book (other academic/artistic)abstract
- Since a couple of decades, the notion of a precautionary principle plays a central and increasingly influential role in international as well as national policy and regulation regarding the environment and the use of technology. Urging society to take action in the face of potential risks of human activities in these areas, the recent focus on climate change has further sharpened the importance of this idea. However, the idea of a precautionary principle has also been problematised and criticised by scientists, scholars and policy activists, and been accused of almost every intellectual sin imaginable: unclarity, impracticality, arbitrariness and moral as well as political unsoundness. In that light, the very idea of precaution as an ideal for policy making rather comes out as a dead end. On the basis of these contrasting starting points, Christian Munthe undertakes an innovative, in-depth philosophical analysis of what the idea of a precautionary principle is and should be about. A novel theory of the ethics of imposing risks is developed and used as a foundation for defending the idea of precaution in environmental and technological policy making against its critics, while at the same time avoiding a number of identified flaws. The theory is shown to have far-reaching consequences for areas such as bio-, information- and nuclear technology, and global environmental policy in areas such as climate change. The author argues that, while the price we pay for precaution must not be too high, we have to be prepared to pay it in order to act ethically defensible. A number of practical suggestions for precautionary regulation and policy making are made on the basis of this, and some challenges to basic ethical theory as well as consumerist societies, the global political order and liberal democracy are identified
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- Cutas, Daniela, 1978, et al.
(author)
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Legal imperialism in the regulation of stem cell research and therapy: the problem of extraterritorial jurisdiction
- 2010
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In: Capps BJ & Campbell AV (eds.). CONTESTED CELLS: Global Perspectives on the Stem Cell Debate. - London : Imperial College Press. - 9781848164376 ; , s. 95-119
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Book chapter (other academic/artistic)abstract
- Countries worldwide have very different national regulations on human embryonic stem (ES) cell research, informed by a range of ethical values. Some countries find reason to extend the applicability of their regulations on such research to its citizens when they visit other countries. Extraterritorial jurisdiction has recently been identified as a potential challenge towards global regulation of ES cell research. This chapter explores the implications and impact of extraterritorial jurisdiction and global regulation of ES cell research on researchers, clinicians and national health systems, and how this may affect patients. The authors argue that it would make ethical sense for ES cell restrictive countries to extend its regulations on ES cell research beyond its borders, because, if these countries really consider embryo destruction to be objectionable on the basis on the status of the embryo, then they ought to count it morally on par with murder (and thus have a moral imperative to protect embryos from the actions of its own citizens). However, doing so could lead to a legal situation that would result in substantial harm to central values in areas besides research, such as health care, the job market, basic freedom of movement, and strategic international finance and politics. Thus, it seems that restrictive extraterritorial jurisdiction in respect to ES cell research would be deeply problematic, given that the ethical permissibility of ES cell research is characterised by deep and wide disagreement.
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- Munthe, Christian, 1962, et al.
(author)
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The Return of Lombroso? Ethical Aspects of (Visions of) Preventive Forensic Screening
- 2015
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In: Public Health Ethics. - : Oxford University Press (OUP). - 1754-9973 .- 1754-9981. ; 8:3, s. 270-283
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Journal article (peer-reviewed)abstract
- The vision of legendary criminologist Cesare Lombroso to use scientific theories of individual causes of crime as a basis for screening and prevention programmes targeting individuals at risk for future criminal behaviour has resurfaced, following advances in genetics, neuroscience and psychiatric epidemiology. This article analyses this idea and maps its ethical implications from a public health ethical standpoint. Twenty-seven variants of the new Lombrosian vision of forensic screening and prevention are distinguished, and some scientific and technical limitations are noted. Some lures, biases and structural factors, making the application of the Lombrosian idea likely in spite of weak evidence are pointed out and noted as a specific type of ethical aspect. Many classic and complex ethical challenges for health screening programmes are shown to apply to the identified variants and the choice between them, albeit with peculiar and often provoking variations. These variations are shown to actualize an underlying theoretical conundrum in need of further study, pertaining to the relationship between public health ethics and the ethics and values of criminal law policy.
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| 9. |
- Waltman, Max
(author)
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Prohibiting Sex Purchasing and Ending Trafficking : The Swedish Prostitution Law
- 2011
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In: Michigan Journal of International Law. - 1052-2867. ; 33:1, s. 133-157
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Journal article (peer-reviewed)abstract
- The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation’s Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her “position of vulnerability” in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.
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Degraded and restituted towns in Poland: Origins, development, problems : Miasta zdegradowane i restytuowane w Polsce. Geneza, rozwój, problemy
- 2015
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Editorial collection (other academic/artistic)abstract
- One of the less known problems in settlement geography is the issue of so-called degraded and restituted towns. This lack of reconnaissance, however, is perhaps less the result of the towns’ scarcity than their specificity of being ‘awarded’ or ‘deprived of’ an urban label by means of strictly socio-political actions. Degraded and restituted towns, hence, are spatial units made ‘urban’ or ‘rural’ instantaneously, irrespective of their de facto state along what is widely considered a gradual path of (de)urbanization. Instead, they become compartmentalized into two constructed spatial categories that have survived the onslaught of material transformations and philosophical repositioning through different whims of time. While ‘rural’ and ‘urban’ are conceptual binaries that certainly need to be treated with caution, their cultural salience may cause tangible consequences within national administrative systems that abide by a formalized rural-urban distinction. This issue becomes particularly important for settlements that clearly transcend any imagined rural-urban divide, i.e. those, whose material and immaterial characteristics seem counterfactual to their assigned category. It is also crucial in formal practices designed to avert such counterfactualities, but whose ran-domness of approach more creates confusion than helps straighten out a historical concoction. Both processes, nonetheless, lend ‘urbanity’ and ‘rurality’ a resonance of objectivity, justifying their use as guides for a host of developmental endeavors, despite subverting a much more intricate reality. Degraded and restituted towns are direct derivatives of this. Drawing on the above-mentioned irreconcilabilities, the aim of this book is to present and scrutinize degraded and restituted towns through the example of Poland, where these towns occupy a special niche. For one, Poland, due to its chequered and variegated history, is home to a conspicuously large number of degraded (831) and restituted (236) towns; for another, Poland’s relentlessness of formalizing ‘urbanity’ as a category of statistical, political and cultural guidance has a direct bearing on the lives of the towns’ residents. Realizing the intricacy of degraded and restituted towns in the face of commonplace ru-ral-urban ideations, the editors and the 17 contributing Authors of this book have made an effort to capture the towns’ complexity with special foci on their shrouded origins, developmental specificity and incurred problems. Owing to the involvement of researchers from different scientific disciplines and subdisciplines, the undertaken project has helped elucidate the problem from multiple perspectives: spatial, social, demographic, economic, environmental, historical, architectural, cultural, legal and philosophical. Allocated into 17 chapters, not only have the presented interpretations allowed for a first interdisciplinary synthesis on the topic, but they also helped outline some prospective directions for future research. Moreover, collecting materials of such diversity into an amalgamated whole has helped identify specific discourses that enwrap the concept of “urbanity” when seen through its oscillations within formal contexts, and to which degraded and restituted towns serve as expendable game pieces. By combining knowledge arrived at through ontologically and epistemologically different approaches, the incremental contribution of this book as a whole could be summarized in two attainments: a) extending theoretical frameworks used to study degraded and restituted towns in terms of definition, conceptualization and assessing predispositions for future de-velopment on account of their spatial, legal, socio-economic and historical charac-teristics; b) initiating an anticipated discussion on a number of important and current topics re-lated to the practices of degradation and restitution that have not received adequate attention, e.g., the urbanity-vs.-rurality paradox, the changeability of human settlement forms vs. the consequences of rigid spatial categorizations; the role of various actors in shaping the socio-economic reality under the guise of an ossified binary; or identifying spatio-conceptual conflicts as future challenges for local, regional and national policy.
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