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.
A professor in public law discusses her experience with interdisciplinary sciences, especially between public law and political science regarding peace and conflict research. Public law and political science are unified in many ways, especially after the increasing influence of the highly politicized EU-law, and have yielded good results within the study of soft law (i.e. informal rules), conflict, human trafficking, and the power of the EU jurors. However, maybe the most ambitious project of them all is the research of how states of war and dictatorships can be transferred into states of peace and democracy. Despite its many opportunities, interdisciplinary science has its problems, such as a lack of a mutual scientific language and different theoretical structures. Luckily, many of these problems can be countered with thorough planning. L. Pitkaniemi
There is a movement away from government governance of farm animal welfare towards more private governance. As a result, many farmers need to comply with both legislation and private standards simultaneously. The overall aim with this project was to study the intentions of different animal welfare regulations, and how effective these systems can be in improving animal welfare. The first study examined the intentions and values of various animal welfare regulations. The second study analysed the content and structure of different sets of Swedish regulations, and the last study focused on controls at the farm level, to identify common remarks and risk factors of non-compliance at dairy farms in official (CAB) and private (Arla) control. We found that the aim of a regulation could be quite vague, and more ambitious than what is included in the detailed requirements. Policymakers had different views on what constitutes 'necessary suffering' and 'natural behaviour'. These differences were seen both between countries, between regulations in a country, and between species in a regulation. The second study illustrated that private standards for dairy cows in Sweden partly covered the same requirements as the legislation, with the exception of the organic standard. However, due to vague wordings and different ways of measuring it was not always clear if the requirements were truly identical between the regulations. In the third study we identified that inspections focused on different areas; dirty dairy cattle being the most common non-compliance in official controls, and dirty cowsheds being most common during Arla audits. The highest risk for non-compliance was, however, similar for CAB and Arla; tie-stalls during winter. Organic farms had a lower risk for non-compliance compared to conventional farms. This project identified the need to clearly define concepts and desired animal welfare outcomes in order to reduce the gaps between intentions, requirements and assessments within a regulation. Also gaps between different animal welfare regulations need to be illuminated with the purpose of either clarifying the differences or reducing the gaps provided that the aims are similar. The presence of both similarities and differences between different regulations and control systems puts extra high demands on transparency, predictability and clarity during inspections.
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
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.
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.
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.
This dissertation is about municipal procurement of construction projects. Public procurement is often portrayed as inefficient since public organizations can have several, potentially conflicting, objectives. In this dissertation, I use Uppsala municipality as a case to study how procurement worked during a time when municipal procurement was not regulated by law. The main interest is how the administration balanced procedural and outcome-related objectives and how its choices can be explained. Earlier research has suggested that public organizations use discretionary decision-making and so-called low-powered incentives (negotiations and cost-plus contracts) to a lesser extent than private clients do, making procurement less efficient. Rigid rules and fear of corruption are usually mentioned as explanations. The results of this dissertation show that low-powered incentives and discretionary decision-making became more common when there were more rules and a more bureaucratized administration. It is suggested that the structure and institutions of the construction sector, in combination with government financing policies and the municipality's organizational capability, can explain the pattern. The results have implications for the literature on public procurement as well as on the development of the public administration in Sweden. First, they indicate that the relationship between formal rules and procurement practices is more complicated than previously suggested. Second, they highlight how discussions about the public administrative system can benefit from incorporating the local level as well as informal institutions and practices.