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Sprickor i muren: funktion och dysfunktion i det stormaktstida rättssystemet
In: Opuscula historica Upsaliensia 14
Regeringsformen och jamstalldheten: En granskning av konsperspektivet i Grundlag sutredningen
In: Statsvetenskaplig tidskrift, Band 113, Heft 3, S. 313-330
ISSN: 0039-0747
The Swedish Committee on Constitutional Reform worked during the period 2004-2008. It was charged with conducting a comprehensive review of the Instrument of Government, which is the fundamental law regulating the governing of Sweden. A gender researcher was engaged by the Committee to conduct an analysis of the Instrument of Government and to propose necessary changes. In the end no changes were made in the content of the law. Rather, the main result was the adoption of gender-neutral language. In this article I show that that gender was basically a non-Issue for the Committee. There are two main explanations for this. First, gender is the basis of a hierarchical power structure in Society. Issues of gender tend to be seen as deviant and not as priorities. Thus, gender is not easily formulated as a constitutional rule. Second, the Swedish tradition of constitutional minimalism makes it difficult to incorporate new issues into the constitution, because to do so violates institutionalized norms and traditions. Adapted from the source document.
Pufendorf redivivus: Stat-kyrka-relationen i ett katolskt perspektiv
In: Statsvetenskaplig tidskrift, Band 105, Heft 1, S. 30-49
ISSN: 0039-0747
Locating the beginning of the modern state-church debate at the end of the Protestant Reformation, the article (1) briefly traces the development of Pufendorf's theory of the church as a collegium under state law & the opposing doctrine of the Catholic Church as a societas perfecta independent of the state; (2) surveys the state-church relationship in Germany, Switzerland, & France; & (3) summarizes the development in Swedish law toward greater freedom of religion up to the most recent reforms, decoupling the (Lutheran) Church of Sweden from the state machinery (while retaining ultimate state control). Noting that, apart from the Church of Sweden, religious groups may only, now as previously, organize themselves in private-law associations, it concludes that the recent reform has preserved the traditional Swedish structure along majoritarian lines by endorsing Pufendorf's theory, thus in a sense further pursuing the Protestant Reformation in Sweden. 84 References. Adapted from the source document.
Personligt mod : Om krigsdekorationer som mjuk normstyrning under insatsen i Afghanistan åren 2008-2012 ; Personal courage : Decorations of war as soft norm governance during the Swedish mission in Afghanistan 2008-2012
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.
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En högskola blir till : Beslutsteoretiska perspektiv på organisatoriskt varande
What defines a Swedish university college? This is the overarching question in this archival study of the development of the Swedish university colleges during the past 35 years. The objective of the study is to explore the binary elements in the overall unitary Swedish university system. Departing from existing macro level research on the university colleges (UCs), this study focuses on one single UC. Development of the UC was conceptualized as a question of decision-making in the UC in interplay with political decisions. The UC was explored by taking an extensive inductive approach starting from the original Garbage Can Model of Organizational Choice, a perspective on organizations that focuses on the temporal order emerging from decisions, rather than enduring orders. Nine decisions situations in the UC were identified as well as four political reforms. The study shows that the concept "streams" from the model are the phenomena occupying organization members mind over time, thus constituting a recurring element although not an enduring order, tying together the temporal orders. The streams are shared between the UC and political decision-making; the two decision-making entities both take part in forming the streams over time. The streams are: (1) the academic discipline; (2) the vocational education; (3) research as a means to enhance the quality of education; and (4) regional relevance. The study proposes the emergence of a fifth stream, the research profile, which is taken to be a unique stream for the UCs in general, that differentiates them from the universities. The analysis shows that the UC continuously adjusts the law to the organizational conditions rather than implements legislation when new, hence offering a perspective on organizational change as a persistent condition inherent in the organizational body rather than definable events. By using the concept stream the study suggests a conceptualization of the political influence on the UC organizational body as well as a conceptualization of how the UC influence political decisions. This conceptualization provides a novel perspective on the relationship between state and the universities. A perspective that can be explored in future research, focusing on mutual adjustments of the streams.
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