Politics, Profession and Law: The Legal Development of Compulsory Intervention towards Substance Abusers in Scandinavian Social Law

In: Scandinavian political studies, Band 30, Heft 1, S. 20-37

Abstract

The legal foundation of compulsory interventions towards substance abusers in Scandinavian social law has moved from similarity to dissimilarity. The aim of this article is to explain this development by focusing on the relationship between three general discourses in the preparation of these acts in Norway, Sweden and Denmark. The political‐democratic discourse focuses on the relationship between law and politics (law as a political instrument); the professional discourse emphasises the relationship between welfare professions and law (law as a professional tool); and the legal discourse draws attention to the importance of legal principles (law as an institution). In Sweden, the process has been strongly politicised and influenced by the political 'war on drugs', resulting in a comprehensive use of coercion towards substance abusers. In Denmark, the process has also been dominated by the political discourse. This process, however, was far less politicised than in Sweden, and no actor has pressed for extensive authority to apply such measures in social policy. In Norway, the process has been strongly influenced by legal discourse emphasising the legal security of the substance abusers, resulting in legislation that is more constricted than in Sweden. In none of these countries have welfare professionals played an active role in pressing for coercive measures in this field of social policy; in fact, they have generally opposed such measures.