International criminal law in historical perspective: comments and materials
In: Skriftserien / Juridiska Fakulteten, Stockholms Universitet 66
In: Skriftserien / Juridiska Fakulteten, Stockholms Universitet 66
In: Lund studies in sociology of law 14
This study in contemporary history describes the transformation of the public sphere in Sweden during the period 1969-1999, and analyses the role of information technology and politics in the process. The overall aim of the study is to explain how, and why, the public sphere in Jürgen Habermas sense has deteriorated during a period of rapid technological and political change, when increasing attention has been given to information technology as a new tool for improving democracy and empowering citizens. Theoretical inspiration is drawn from two perspectives within the modern history of technology and sociology of technology; the LTS (Large Technical Systems) and STS (Science, Technology and Society) approaches, as well as from the regime theory concept within political science. This multidisciplinary framework provides the theoretical basis for the study, including terms as socio-technical systems, system builder, technification, interpretative flexibility, stabilization, closing and regime change. In addition, the analysis draws upon previous research in economic history, where focus often has been on the important role of institutions. The term path dependence is central in this tradition. The starting point for the study is the process of a mutual legitimization between citizens and political actors that traditionally has taken place within the public sphere. In return for citizens support and trust, political actors have granted format rights to the public space. Two aspects of this interdependence are addressed: Freedom of speech and citizen's access to public information, and their access to arenas where an exchange of political ideas and opinions is taking place. In the study, the former is a question of the legal system and the limits to freedom of speech in new medias such as the Internet, while the latter concerns citizen's technical means and possibilities to connect to electronic networks. Research interest is concentrated on the formal political system, focusing both actors and structural factors such as technological development, media convergence, ideological change and international integration in the transformation process. Four case studies of institutional changes during formative moments, within what is defined as the legal and the technical infrastructures, are conducted and represent the empirical base of the thesis. The case studies are centered on Swedish governmental commissions, on the government itself and on proceedings in the parliament, and concerns formation and transformation of computer law, as well as the deregulation and privatization of the technical infrastructure. In the latter process Televerket (Swedish Telecom) has been an influential promoter of competition and institutional separation between tele- and data communications, representing a major regime change in favour of market relations in the technical infrastructure. In the area of computer law, the Swedish regime dominated by SCB (Statistics Sweden) was incorporated into a joint European data protection regime, resulting in limitations of freedom of speech on the Internet. These regime changes have also transformed the role of the state, constituting a "net watchers state". Another important finding is that promotion of democracy and improvement of access to the public sphere, never was on the agenda in the political transformation processes studied, although a parallel discourse on democracy and information technology existed throughout the period studied.
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Already from the title of this dissertation can two important points be made. The first is that the dissertation is about the relationship between central and local government, more specifically in Sweden today. The second point is that this relationship is seen from a balance of power perspective, where the relative power of the actors is an empirical question rather than derived from a given hierarchical structure. Such a perspective is based on analysing the actors as interdependent. The central government can thus be dependent on the local government, as well as the other way around, and this interdependence can vary over time and between policy areas. This perspective differs from that of most studies, which often see the relationship either in terms of steering (that local governments are executing centrally determined policies) or local self-government (that the Swedish local governments has a constitutionally protected right to handle their own affairs within certain legal limits). I argue that both these perspectives take a hierarchical point of departure and are, to a large degree, static in their approaches, which means that they risk not discovering, or have problem explaining, changes in the relation between central and local government. To view the relationship between central and local government as interdependence leads to a focus on the resources that the actors possess. For public organisations the most relevant resources are: authority-related resources, financial resources, political resources, informational resources, and organisational resources. The central government has a power advantage concerning authority and financial and political resources while local governments generally have an advantage in terms of informational and organisational resources. The policy area chosen is Swedish refugee policy. The basic paradox within this area is that the central government grants the refugees asylum but cannot give them a place to live without the permission of the local government. This permission is accomplished through voluntary agreements signed between the National Integration Office and the local governments. It is then the local governments that integrate the refugees to Swedish society by providing housing, education, healthcare and so on while the central government is giving the local government a grant to cover the expenses. The central government has lacked political, informational and authority-related resources. The resource used to compensate for this has been the financial resource. By economic incentives the central government has encouraged local governments to increase their refugee reception. This has been the central government's universal weapon and has been used to reduce its vulnerability as well as its sensitivity. For local governments, authority-related and financial resources have been lacking. The resource that the local governments have had, all the way through the time period studied here, is the organisational resource. This is something that the central government simply cannot provide and this is why there is a relationship of interdependence – just as only the central government has authority in its power base, the local level is the only one with organisational resources.
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