Suchergebnisse

Preliminary Material /Jonas Grimheden and Rolf Ring -- Group Accommodation and the Challenges of Education: Multicultural or Intercultural or a Combination of the Two? /Asbjørn Eide -- The Importance of an Education in Human Rights /M. Arthur Diakité -- The Education of Police in Human Rights a Framework for Human Rights Programmes Forpolice /Ralph Crawshaw -- Human Rights Education in China /LI Baodong -- Human Rights Education and Research in China: the Contribution of the Raoul Wallenberg Institute /Sun Shiyan -- Human Rights Education in the Netherlands /Cees Flinterman and Stacey Nitchov -- The Protection of Civilian Educational Institutions During the Active Hostilities of International Armed Conflict in International Humanitarian Law /David a. G. Lewis -- The Self-reflective Human Rights Promoter /Jonas Grimheden -- Hugo Grotius and the Roots of Human Rights Law /Ove Bring -- Human Rights before International Criminal Courts /Vojin Dimitrijevic and Marko Milanovic -- Never Again? Rwanda and the World /Lennart Aspegren -- The Contested Notion of Freedom of Opinion /Herdís Thorgeirsdóttir -- From Protective Passports to Protected Entry Procedures? the Legacy of Raoul Wallenberg in the Contemporary Asylum Debate /Gregor Noll -- Implementing International Human Rights Law on Behalf of Asylum Seekers and Refugees: the Record of the Nordic Countries /Robin Lööf and Brian Gorlick -- The Legal Position of Asylum-seekers in Austria /Lauri Hannikainen -- Refugees in Swedish Private International Law /Michael Bogdan -- Civil Freedoms and Rights in the Swedish Constitution of 1974: the Process and the Rationale /Carl-Gustaf Andrén -- Various Interpretations of Human Rights for Women Challenges at United Nations Conferences /Elisabeth Gerle -- Implementation of International Conventions as a Socio­Legal Enterprise: Examples from the Convention on the Rights of the Child /Håkan Hydén -- List of Contributors /Jonas Grimheden and Rolf Ring.

This thesis aims to answer the questions; what and were does peer mediation fit into the theoretical and practical frameworks of mediation? How does peer mediation fit into the retributive legal system as it stands today? What problems can arise with the use of peer mediation, its organizations and with the use of adolescent peer mediators, in a legal perspective? When it comes to the question of where peer mediation has its theoretical framework the hypothesis in this thesis are that peer mediation, with respect to the practical framework, is a hybrid of the settlement driven mediation and the transformative mediation. The theoretical framework comes from the philosophy of restorative justice (RJ), primarily the victim-offender mediation in the sense that if peer mediation per se is not enough it has to bee a whole school approach for it to work. In RJ, the community is as important as the primarily parties, the offender and the offended. In school conflicts, the community is the whole school, and as such it has to bee the whole school that is involved in the conflict management program. The method used in this thesis is the traditional method of jurisprudence combined with two case studies. The first case study is the "Peer mediations Project" that in fact was the starting point for the research. The aim with this case study is too show how peer mediation can work in Sweden, both on an organizational and a practical level. In doing so it also highlights which legal questions that is relevant for this thesis. The second case study is the "Spice conflict". This case study aims to make researcher go deeper in the legal issues as well as to illuminate a school conflict and how it can progress. The fist chapter gives a background for peer mediation and the focus of this thesis, as well as the first contact with the two case studies. Chapter two gives a legal background for the thesis. Chapter three deals with conflict theory and chapter four with schools conflicts and the different programs there is to handle those conflicts. In chapter five the different mediations models are presented more in depth and discussed from at mediation perspective. Chapter six goes deeper into the second case study in an effort to resolve the legal issues that has arisen. In the last chapter there is a discussion which originates from the five Nordic principles of mediation, facilitative, peaceably, freely, confidently and restoratively, in conjunction whit mediation, conflict and legal theory.

This thesis deals with the question of how Swedish society responds when juveniles commit crimes. The focus is social work co-operating with the legal system and the interaction between these two. The aim of this study is to make visible/analyse factors that affect the choice between treatment and correction of juveniles in an emergency situation, when there is a necessity to choose between immediate preventative custody on the one hand, and detention on the other. This study analyses the selection through outcome patterns. Theoretically the base is six concepts; system/practice, and treatment/correction. Together they form a model where the actors (the social services/the police/the attorney/county administrative courts/district courts) on this juvenile field can be situated. The strategies of the actors' decision-making are implied by either norm-rational decision-making or goal-rational decision-making. Empirical data is studied through records of immediate custody and detention of juveniles aged 15-18 years old. The immediate denial of freedom represents, in the Swedish legislation, a process whereby social services and law enforcers meet and decide whether to treat or correct the juvenile. This selection is the focus of the empirical study of this thesis. In 1992, 1998 and 2003 a national overall survey was made of all juveniles aged 15-18 years that have been either in immediate custody or in detention or both. Documentation was obtained from the courts. The results show that the general denial of freedom of juveniles have increased greatly during the years 1992, 1998 and 2003, and especially from 1998 to 2003. Almost all of the acts concern boys, even though girls are making at break-through in 2003. There are differences between the groups that either have been in detention or in immediate custody in ways of "survey-year", "ethnic background", "age" and "categorising of crime". This study shows a large discrepancy between legislation and the legal practice.

In 1870, political science was established as an academic discipline, attached to history, at the Lund University. In 1877, a chair in history and political science was created. Twenty-five years later, it was transformed into a chair in political science and statistics. In 1926, that symbiosis was put to an end and political science was awarded a chair of its own. Pontus Fahlbeck, professor from 1889 to 1917, was a historian who developed into a social scientist with broad interests: political science, statistics, economics, and sociology. Several of his books were also published in foreign languages and he had many contacts with colleagues abroad, particularly in France and Germany. However, the critical period in the modernization of political science in Lund happened just after the middle of the 20th century, with Nils Stjernquist, holding the chair from 1951 to 1983, at helm. The dependence of history and legal science waned; the influence of social science, especially in its American version, increased. The result was a modern political science department with broad interests and worldwide contacts. References.

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.

The oldest unit of land assessment in Sweden is the attung (lat. octonarius). It is first mentioned in written documents from the late 12th century. When, where and why it was introduced has been much discussed. In this study an investigation of documents mentioning the attung until 1376 is presented together with a statistical processing of data from an earlier work (Dovring 1947). The distribution of land assessed in this unit is restricted to the south-eastern part of the medieval Swedish kingdom. According to an evaluation of some records not discussed before in this context the taxation of real estates in attung units dates from the late 11th century. Most probably the original purpose of the taxation was to create an adequate base for the military levy system. Several indications show that the attung originally corresponded to one family's normal holding of land. The usefulness of the attung for other purposes was soon realised. Besides taxes it also became the base for tenant's land rent, tithes to a particular hospital, compensation for plowing of fallow fields but also for the subdivision of common fields on a pro rata basis. The right to an easement could also be connected to the attung. At the same time a subdivision of the attung unit in several fractions was created which facilitated the trading of landed property. A drastic fall in prices on real estates assessed in the attung unit is observable just after the Black Death. The overall conclusion is that the multi functionality of the attung was something that developed gradually in response to socio-legal ideas from the continent as well as progress in domestic agricultural technology, economy and society.

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.