Suchergebnisse

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.

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.

This dissertation analyzes the changes in the way Swedish forest policy has been developed and implemented in the past few decades. Its primary focus is on the period from the adoption of new legislation governing forestry in 1993 to date, though the historical antecedents of the more recent developments are also discussed. The dissertation focuses primarily on the interplay between changes in the policy priorities enshrined in forest legislation and the changes in the steering and implementation means and resources available to achieve the aims of the recent forest policies. Various perspectives on public administration/public management are used to analyze the preconditions and opportunities available to state authorities to meet the environmental goals in forest policy. Furthermore, norm theory as developed within the sociology of law is applied to analyze how various categories of forest owners can be motivated to shoulder a greater responsibility for nature conservation and development and environmental activities. The tension between private forest owners? interests and public (both of the state and the public in general) interests, and possible ways around the tension also figure prominently in this study. Central to the opportunities for success in obtaining the more ambitious environmental goals in a ?regulatory? setting characterized by a levelling of the status between authorities and forest owners and decreased resources and coercive capacities on part of the authorities, is the prospects for ?soft regulation.? Here we see an emphasis on bringing new actors into the policy formulation, interpretation and implementation arena, the development of new networks, the role of information and advisement in producing ?enlightened self-interest? and common frames of understanding. Ultimately what is aimed at is ?smart regulation? via the use of various forms of flexible instruments in a context where a greater number of stakeholders are involved. Thus the role of ?regulatory? authorities moves towards becoming a facilitator, or a ?motor? that as a partner promotes collaborative structures and cooperation.

Rising levels of discontent among rural residents and parts of the hunting community toward large carnivore conservation policy has effected a phenomenon of socio-politically motivated illegal killing of these unpopular species. Such wildlife crime formed the investigation of an interdisciplinary and internationally collaborative research project headed by the Swedish University of Agricultural Sciences in Ultuna, Uppsala. Through 3 years of in-depth interview studies with hunters in Sweden, a quantitative survey to hunters, comparative studies in other parts of the world and close collaboration with Fennoscandian researchers and practitioners, this project ran to completion at the end of 2016. The following report marks the dissemination and discussion of the research results and insights for future research produced by this project. Hence, it represents the first time the full research project and its members stand before the public and interest groups. The report synthesizes two days of workshop thematic discussions between 45 participants from societal sectors including hunting and nature conservation NGOs, county administrative boards, Environmental Protection Agencies, law enforcement, environmental attorneys and farming associations as they feature across the Fennoscandian countries: Sweden, Norway, Denmark and Finland. Its discussions center on social control in wildlife crime, the juridification of hunting issues, the influence of the EU and platforms for going forward to mitigate poaching, in particular of large carnivores like the wolf. The report is an essential read for both researchers and practitioners faced with the problem of socially accepted, but secretive and hidden, forms of illegal hunting in response to governmental legitimacy crises, distrust of policy and policy-makers, and as a manifestation of rural resistance in modernity.

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.

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.