Servants were for a long time the dominant form of labour in Sweden. To serve, at a farm or at a manor, was ever since the thirteenth century the most common way to make a living, since poor people could by law be forced to accept work for a master. Service hence replaced thraldom in Sweden. In From slaves to servants, historian Martin Andersson explains how the regulations of the servants' lives were gradually sharpened. Labourers had to become servants under the threats of punishment and forced conscription into the army. Wages were legally reduced, while other forms of making a living were blocked. The master's right to use physical violence was increased, while the servant's duty to obey was expanded. By the end of the sixteenth century, most farmhands and maids worked at manors or for the richest of the peasantry. They had consequently minimal chances of themselves becoming masters. Through studies of a rich material of regional law codes, court records, fine registers, royal letters and manuals for manor owners, the historian paints a rich picture of the daily lives of servants – a life formed by legal uncertainty, coercion, and poverty.
In recent years, ideas of conscience and the liberty of conscience have become ever more salient in public discourse. Historically, these concepts have been used to mark out a certain scope of freedom and protection in moral, political and legal conflicts. In our time, individual conscience is frequently used to legitimate objections to, for instance, military service and medical interventions like abortion and vaccination. So too in Sweden – a country widely described as one of the most modern and secularized societies in the world. In this volume, a group of researchers in history, human rights, law, ethics and sociology of religion address some of the most central issues around conscience and the liberty of conscience in Sweden from the middle ages to the present. By situating conscience and liberty in wider intellectual, social and political settings, the essays provide alternative ways of thinking about the most intractable problems surrounding these concepts – the relationship between law and morality, the tension between individual and collective freedom, as well as the role of religion in public affairs. This volume will create new avenues of research for scholars and students interested in challenges related to conscience and liberty: both those in ethics, politics and law seeking a historical perspective, and those in history who want to tie their studies to the present.
Because of population clustering, it is increasingly difficult for the rural poor to access land in Zambia. Such a clustered space is along the line-of-rail, where more people are looking to make use of land. Simultaneously, in a country where multiple political authorities can perform recognition of land, people also have to balance and navigate within this pluralistic political landscape to enjoy secure access and use of land. As such, property has the potential to improve security and create legitimacy to land. Within 100 yards along the railway, land is in administrative limbo due to the lack of effective control by its legal owner, the state. This thesis investigates the property production in land occupied by rural people along the railway in Southern Province, Zambia, through ethnographic and interview-based fieldwork. With a widened understanding of property that goes beyond juridical interpretations inseparable from law, I show how property making abandons formalised scripts, and instead is performed through contextual and localised orders. Occupants of land along the railway put labour and material investments into the land to reinforce legitimacy, both among each other as well as when facing political authority. With the state as formal owners of railway land, chiefs and headmen (i.e. customary authority) get squeezed by engaging in administering the land since it is outside of their legal jurisdiction. At the same time, state authority also administers and recognizes land, albeit implicitly, when maintenance workers survey the railway tracks. I conclude that these findings together create a whole greater than the sum of its parts of how property production can take place on land in limbo.
During the 2000s, Sweden has pursued an active foreign and security policy. This has meant participation in several international military operations and has left many Swedish soldiers and officers with combat experience. Thus, the Swedish parliament decided in 2010 on a political reform of the veterans area, with more extensive societal support, war decorations to express the government recognition of personal sacrifices made in the service and a new medal for courage in combat. Considered as a reward system, it functions as an immaterial and emotionally established incentive, in contrast to the financial and bonus reward systems that are otherwise common. From a governance perspective, this setting is fundamentally interesting. The complexity of military operations and the demands for efficiency in armed combat are in contrast with the democratic state's need to guarantee the rule of law, even from a distance and under difficult conditions. Traditional government is not sufficient because the situation is characterized by high contextual uncertainty and therefore requires more situational adaptive control. Organizing in a professional model implies autonomy for military officials, and this means that there is a form of gap in terms of civilian control. In the dissertation, a concept and an analytical model are formulated to understand this phenomenon, entitled soft norm governance, that also form one of the main results. The model combines four levels of analysis to describe the dynamics of the steering mix: organizational metagovernance, rule control, policy work and professional ethics. One conclusion is that professional ethics has a two-way function in the chain of implementation steering, both as a decisive factor for concrete decision-making, but also as an objective for the government's soft norm governance. Thus, this control gap does not mean absence of control, but that other value-based norm systems govern our actions. In this way, soft norm governance also reaches beyond the scope of the law. The theoretical framework is metagovernance, the idea that the modern state is steering at a distance and with subtle methods, such as by organizational measures. It opens for the importance of soft law, social norms and ethics in governmental steering. The case study of the veterans policy and medal of courage contributes empirically to the specification of these theories. Furthermore, new institutionalism adds an explanatory value with a rationality of action for the officials, a so-called logic of appropriateness based on the professional role and on adaptation to the situation at hand and to applicable rules. Theoretically, the thesis contributes by supplementing with a logic of values, which takes into account the profession's ethical and moral rationality of action, which is particularly important in situations such as armed conflict. The methodological approach combines a structural statistical perspective with a qualitative and understanding-oriented perspective and can, with the support of the analytical model, illuminate both pattern and function. The material base is a total selection from the medal preparation of eight contingents in Afghanistan during the years 2008-2012, i.e. FS16-FS23. It consists of the archive material from the nominations as well as in-depth interviews with responsible commanders at the international units and at the national headquarters, including the Commander-in-Chief.
One third of all food produced for human consumption globally is lost or wasted, making food waste a major problem from both an economic, social and environmental perspective. One way of preventing food waste is through legislation. In Sweden, food inspectors have been recommended to work according to the general rules of consideration (GRC) in the Swedish Environmental Code to reduce food waste. However, there is a lack of published information on whether the GRC are applied to reduce food waste at present, and, if so, how this works in practice. Moreover, the lack of a common standard for food waste quantification is a problem recognized by researchers. Thus, the present study aimed to examine whether and how the GRC are or can be applied to prevent food waste. More specifically, the goal was to investigate the attitude of municipal supervisory authorities and other relevant actors towards applying the GRC in food control, and to identify opportunities and / or obstacles to this. This is expected to contribute with knowledge that in the long term can generate supervisory approaches for reduced food waste. A qualitative research method was used including self-administered questionnaires. Answers were obtained from 11 municipalities and six additional actors including courts, national authorities and a private law firm. After a thematic analysis of the data, this was sorted to describe 1) The current situation in municipal supervision / the current application of the GRC according to other actors 2) The attitude towards applying the GRC in supervision for food waste reduction 3) The attitude towards suggested supervisory practices for reducing food wastage. The results showed that most of the actors surveyed did not apply the GRC to food waste currently, and none of them had issued injunctions to prevent food waste. Nevertheless, it was found that applying the GRC to food control could be possible, according to some practical experience in the field and the majority of the respondents' attitudes. No apparent unsolvable obstacles were identified. How the application of the GRC to food waste would work in practice remains to be solved, though. Consequently, the link between the current situation, the attitudes towards applying the GRC in food control as well as the attitudes towards suggested supervisory practices, was found to be ambiguous. Legal contradictions justify the need for further research, which could pursue the development of a supervisory approach for food waste prevention. ; En tredjedel av all mat som produceras globalt går förlorad eller slösas bort, vilket gör matsvinn till ett omfattande problem ur både ett ekonomiskt, socialt och miljömässigt perspektiv. Ett sätt att förebygga matsvinn är genom lagstiftning. I Sverige har livsmedelsinspektörer rekommenderats att arbeta enligt de allmänna hänsynsreglerna i miljöbalken för att minska matsvinnet. Det saknas emellertid publicerad information om huruvida hänsynsreglerna används för att minska matsvinn för närvarande, och hur detta i så fall fungerar i praktiken. Dessutom är avsaknaden av en gemensam standard för kvantifiering av matsvinn ett problem enligt forskare. Den aktuella studien syftade således till att undersöka om och hur miljöbalkens hänsynsregler tillämpas eller kan tillämpas för att förebygga matsvinn. Mer specifikt var målet att undersöka de kommunala tillsynsmyndigheternas och andra relevanta aktörers inställning till att tillämpa hänsynsreglerna i livsmedelskontroll och att identifiera möjligheter och / eller hinder för detta. Detta förväntas bidra med kunskap som på lång sikt kan generera tillsynsstrategier för minskat matsvinn. En kvalitativ forskningsmetod användes med självadministrerade frågeformulär. Svar erhölls från 11 kommuner och sex ytterligare aktörer, såsom domstolar, nationella myndigheter samt en privat juristbyrå. Efter en tematisk analys av den insamlade datan sorterades denna för att beskriva 1) Den aktuella situationen i kommunal tillsyn / den aktuella tillämpningen av hänsynsreglerna enligt andra aktörer 2) Inställningen till att tillämpa miljöbalkens hänsynsregler i tillsyn för att förebygga matsvinn 3) Attityden gentemot föreslagna tillsynspraxis för att förebygga matsvinn. Resultaten visade att majoriteten av de undersökta aktörerna inte tillämpade hänsynsreglerna på matsvinn för närvarande, och att ingen hade skrivit förelägganden för att förebygga matsvinn. Praktiska erfarenheter inom området samt majoriteten av respondenternas attityder avslöjade dock att det skulle kunna vara möjligt att tillämpa hänsynsreglerna mot matsvinn inom livsmedelskontroll. Inga uppenbart olösliga hinder identifierades. Hur tillämpningen av hänsynsreglerna på matsvinn skulle gå till i praktiken återstår dock att lösa. Följaktligen kunde det konstateras att kopplingen mellan den nuvarande situationen, respondenternas inställning till att tillämpa hänsynsreglerna i livsmedelskontrollen samt attityderna gentemot föreslagna tillsynspraxis var tvetydig. Juridiska motsättningar motiverar behovet av ytterligare forskning, som kan driva utvecklingen av en tillsynsstrategi för förebyggande av matsvinn.
Key Points • Understanding the impacts of SDG 16 on forests and people requires attention to the power dynamics that shape how all 17 SDGs are interpreted and implemented across the Global North and South. • As SDGs were agreed upon by nation states, SDG 16 places a strong emphasis on state power and the rule of law. • Yet inclusive governance requires the involvement of diverse actors, and consideration for customary laws and other non-state forms of rulemaking at global to local scales. • Many national laws governing forests and land use favour political elite, large-scale industry actors and international trade. • The development and strengthening of legal frameworks that support all of the SDGs – including those relevant to human rights, income inequalities, land tenure, gender and environmental protection – requires equal or greater priority than law enforcement. Otherwise, law enforcement will reinforce inequities and unsustainable practices. • SDG 16 provides an opportunity to overcome the stereotypes of the Global North as the referential role model for peace and democracy, by highlighting the role of the North in fostering market inequalities and global conflicts, and drawing attention to barriers to democratic and inclusive participation within the Global North. • How transparency, accountability and justice are conceived and prioritised shapes their impact on forests, as well as the degree to which their achievement either empowers forest-dependent peoples or excludes them from meaningful and informed engagement.
"One summer day in Stockholm in 1747, the carpenter's daughter Lena Cajsa Bohman faces trial for disobedience to her father. Soon, she admits to more serious crimes. A tangle of trafficking of young women is revealed. It develops into a story of power and greed, of secret networks and trade with young women. The protocols reflects women's circumstances in a time when all extra-marital sexuality was forbidden and the word prostitution was not used. In 18th century Stockholm, no distinction was made between prostitution and extramarital sexuality. All sexual intercourse outside of marriage was illegal for both women and men. Through the combination of a variety of material sources, from trial protocols to memoirs and hateful whore poems, we get a versatile picture of the commercial sexuality. The testimony of mamsell Bohman tells about how the trade was organized, who the profiteers, the women and the buying men were, where the trade took place and how women who provided sex för money were looked upon. The overall aim is to investigate how the whore stigma remains over centuries. The stigma is extremely adaptable and constantly accommodates to new cultural and social contexts, laws, values and established truths. It is intertwined with dominant notions of good and evil, of honor and contempt. During the 18th century, the whore stigma was not yet linked to payment for sex. It could affect all women, but was crossed by other hierarchical social orders. Despite a rigid legal stance and a strong social control, the boundaries were more permeable than they would later become. There was a striking discrepancy between law, jurisprudence and the verdict of the mob in 18th century Stockholm - a city where the bourgeois daughter Lena Cajsa was able to admit to relations with the notorious Lovisa von Plat and a number of illegitimate sexual relations, but escape punishment and marry into nobility."
"One summer day in Stockholm in 1747, the carpenter's daughter Lena Cajsa Bohman faces trial for disobedience to her father. Soon, she admits to more serious crimes. A tangle of trafficking of young women is revealed. It develops into a story of power and greed, of secret networks and trade with young women. The protocols reflects women's circumstances in a time when all extra-marital sexuality was forbidden and the word prostitution was not used. In 18th century Stockholm, no distinction was made between prostitution and extramarital sexuality. All sexual intercourse outside of marriage was illegal for both women and men. Through the combination of a variety of material sources, from trial protocols to memoirs and hateful whore poems, we get a versatile picture of the commercial sexuality. The testimony of mamsell Bohman tells about how the trade was organized, who the profiteers, the women and the buying men were, where the trade took place and how women who provided sex för money were looked upon. The overall aim is to investigate how the whore stigma remains over centuries. The stigma is extremely adaptable and constantly accommodates to new cultural and social contexts, laws, values and established truths. It is intertwined with dominant notions of good and evil, of honor and contempt. During the 18th century, the whore stigma was not yet linked to payment for sex. It could affect all women, but was crossed by other hierarchical social orders. Despite a rigid legal stance and a strong social control, the boundaries were more permeable than they would later become. There was a striking discrepancy between law, jurisprudence and the verdict of the mob in 18th century Stockholm - a city where the bourgeois daughter Lena Cajsa was able to admit to relations with the notorious Lovisa von Plat and a number of illegitimate sexual relations, but escape punishment and marry into nobility."
Status of religious communities -- Constitutional guarantees: a historical overview -- Legal registration of religious communities -- State support for Islamic religious communities -- Muslims in integration laws -- Mosques and prayer houses -- Burial and cemeteries -- Education and schools -- Compulsory education -- Religious education -- Independent schools -- Further and higher (tertiary) education -- Islamic religious education training at universities -- Islamic chaplaincy in public institutions -- Employment, social laws and discrimination -- Religious holidays -- Islamic slaughter and food regulations -- Islamic goods and services -- Islamic dress -- Criminal law -- Male circumcision -- Female genital mutilation -- Forced marriages -- Family law -- Private international law -- Marriage and divorces -- Spouses' matrimonial property rights -- Inheritance law -- Substantive family law -- Marriage -- Divorce -- Spouses' matrimonial property rights -- Inheritance law -- Children -- General considerations -- Islamic custody and fostering in Swedish law -- Bibliography
It may be challenging to see how illegal hunting, a crime that ostensibly proceeds as shoot, shovel and shut up in remote rural communities, at all communicates with the regime. Examining the socio-legal interplay between hunters and state regulation, however, clarifies illegal hunting to be part of a politically motivated pattern of dissent that signals hunters' disenfranchisement from the polity. While few contemporary illegal hunters cut conscientious figures like Robin Hood, their violation of illegitimate law may likewise testify to a profound disjuncture between legality and legitimacy. This is the premise taken in the following research. Here it is observed contemporary Swedish hunters experience the deliberative system pertaining to wildlife and wolf conservation to be systematically stacked against them and unable to serve as a site for critical law-making that provides equal uptake of all voices. One manifestation of their growing disenfranchisement is the establishment of a counterpublic mobilised on the basis of shared semantics for the sorts of deliberative deficits they argue befall them in the present. Within the remit of their counterpublic, hunters undertake and justify illegal hunting along with other forms of disengaging dissent like abstentions, non-compliance, boycotts and conscientious refusals with state agencies. The research captures hunters' dissent in Smith's deliberative disobedience, a deliberative and Habermasian grounded reinterpretation of the more familiar classical theory of civil disobedience. On this perspective, illegal hunting signals a deficit in the deliberative system, which hunters both bypass by taking an alternative conduit for contestation, and draw attention to when they undertake dissent. The dissent in this case study is deconstructed in terms of its grammar—as simultaneously engaging and disengaging with the premises of power—and in terms of its communicative content. Set within the field of Environmental Communication, the dissertation is intended as an empirical and theoretical contribution to a discussion on the boundaries of political dialogue in the context of civic disenfranchisement: it asks whether some of hunters' dissent may be parsed as a call for a more inclusive debate, or as dialogic acts in themselves. Finally, it presents ways toward short-term and longer-term reconciliation of hunters with the deliberative system, drawing on the work of contestatory citizen mini-publics from the third wave of deliberative democracy.
Illegal hunting has constituted an expression of contested legitimacy of wildlife regulation across the world for centuries. In the following report, we critically engage with the state of the art on the illegal hunting phenomenon. We do so to reveal emerging scholarly perspectives on the crime. Specifically, we aim to capture the complexity of illegal hunting as a socio-political phenomenon rather than an economically motivated crime. To do so, we adopt a critical perspective that pays particular attention to the societal processes that contribute to the criminalization of historically accepted hunting practices. To capture perspectives on illegal hunting, fifteen researchers from various countries participated in an illegal hunting workshop in Copenhagen 16-17th June 2014. A primary contribution of the research workshop was to bring together criminologists, sociologists, anthropologists and geographers, each equipped with their own research perspective, to engage in a critical and interdisciplinary discussion on how to apprehend and constructively address the challenges of illegal hunting in contemporary society. A majority of those that attended were primarily based in the Nordic and the UK context, which motivated a strong focus on the illegal hunting that currently takes places in these countries. Similar trends of illegal hunting were identified across Europe, many of which traced from EU legislation on the reintroduction of large carnivores or other controversial wildlife conservation projects. In the workshop, proceedings took the form of individual presentations, plenary discussions and group work. Common themes that emerged from these presentations were: illegal hunting as communicating socio-political resistance; the targeting of specific species based on its symbolism or environmental history; illegal hunting as symptom of class struggles; the role of rewilding and domestication of nature on wildlife regulation; corruption, complicity and conflicts of loyalty in enforcement, and discrepancies and discontinuities in legality. These themes were framed in an understanding of illegal hunting as a complex, multifaceted expression that transgresses livelihood based motivation. Critical discussions conceptualised illegal hunting as a crime of dissent. This meant situating crimes as everyday forms of resistance against the regulatory regime. In so doing, the relationship between hunters and public authorities was highlighted as a potential source of disenfranchisement. In this interactionist perspective, illegal hunting tells us not just about the rationales of the offenders. It also elucidates the broader context in which non-compliance with regulation serves as symptoms of democratic and legitimacy deficits on the state level. Erratic transitions in legislation and a subsequent discord between legal, cultural and moral norms in society were identified as factors that contribute to the conflict. Crucially, the research workshop and the report contribute with three perspectives. First, it emphasizes the need to uncover the grey areas of complicity in wildlife crime. Previously corruption, bribery and selective law enforcement have been associated with wildlife trafficking in the global south, but this understanding is too blunt for the complicity that exists in many other contexts. Here conflicts of loyalty exist across several strata of society and differ in degrees. In highlighting this fact, we show a more opaque and contingent climate of complicity around illegal hunting in Northern Europe and elsewhere. Second, as crimes of dissent seeking to publicise injustices, illegal hunting and its associated resistance tactics are counterproductive by constituting a 'dialogue of the dead'. With this is mean that such communication is prone to distortion, misunderstanding and exaggeration and does no favors to hunters. There is consequently a need to move to a clarity of messages, as in institutionalised diogue processes. Third, hunting regulation cannot be seen in isolation to the broader differences in society in terms of values, economic factors and development. Research questions for future scholarship concluded the workshop and are summarized in the report. In terms of illuminating the junctures at which additional research is needed, these questions may provide important guidance. Above all, the report is intended as help for policy-makers, wildlife managers and law enforcement in better understanding and responding to the complexities of illegal hunting. We hope this will lead to more long-term preventative measures that address the core of the issue rather than proximate causes. The workshop was organized by the Environmental Communication Division of the Swedish University of Agricultural Sciences. The event constituted a part of the FORMAS funded research project Confronting challenges to political legitimacy of the natural resource management regulatory regime in Sweden - the case of illegal hunting in Sweden whose members include Erica von Essen, Dr. Hans Peter Hansen and Dr. Helena Nordström Källström from the Swedish University of Agricultural Sciences, Professor Tarla R. Peterson from Texas A&M University and Dr. Nils Peterson from North Carolina State University.
Scholarship in international law aims at addressing global forest governance comprehensively. This article reviews the recent contribution Global Forest Governance - Legal Concepts and Policy Trends by Rowena Maguire and puts it into the perspective of recent political and policy science research on global forests. While finding Maguire's volume being a very timely and valuable contribution to the interdisciplinary discussions on international forest governance, we identify some weaknesses which are mostly rooted in methodological critique and a lack of a systematic framework for analysis.
Bristande jämställdhet mellan kvinnor och män och könsdiskriminerande praktiker har över tid fått alltmer uppmärksamhet. Kraven och förväntningarna på världens stater, inte minst de relativt sett så jämställda nordiska länderna, att åtgärda problemen är stora. Lagstiftning är ett medel som staterna har till sitt förfogande. Rättens betydelse, dess möjligheter och tillkortakommanden i relation till ojämställdhet och diskriminerande praktiker är temat för denna antologi. I nitton artiklar av danska, finska, norska och svenska forskare verksamma inom fältet kjønn og rett, diskuteras sambandet mellan kön och rätt under fyra aktuella teman, alla med förändring i fokus. De tre första rör förändringar i samhället och i rätten, såsom i förståelsen av kön och dess betydelse för rätten till jämställdhet och ickediskriminering, förändringar i välfärdsstaten och förändrade gränser mellan det offentliga och det privata. Det sista temat behandlar förändringar i forskningsfältet som sådant
This article deals with the allez and retour provisions (Claes 2005: 84 f) of the Swedish constitution in relation to IU membership. What are the rules governing the transfer of sovereignty to the Union? And what are the provisions for assessing the constitutionality of the incoming tide of Union law into the domestic legal order? I have three objects in this essay. First, to describe how these two groups of constitutional rules were actually modified in the 2010 revision of the 1974 Instrument of Government. 1 find that neither was changed in any material way. Second, to try to explain the apparent reluctance of the parties involved to clarify the constitutional implications of EU membership. I find that this reluctance is rooted in a belief that European integration is not furthered if the rules contained in the allez and retour provisions are made stricter and more precise. Third, to confront a question conspicuously omitted by the parties in their revision: namely, by what criterion should the allez. and retour provisions be intertwined, if an optimum of hi-level constitutionalism is to be achieved? I argue that, in the end, the underlying issue is whether Swedish citizens want to see the principle of free movement applied as widely as possible. Do they want this principle to be applied across the board? Or would they prefer instead to restrict its application to the case of capital and goods, thus leaving them free to structure the labour market and welfare state as they themselves see fit? Adapted from the source document.