Förrättsligande. En studie av rättens risker och möjligheter med fokus på patientens ställning.
(2009)- Abstract
- The aim of the present doctoral thesis is to study and conceptualize juridification as a phenomenon. This aim comprises analyzing the theories through which juridification as an empirical development is interpreted. In this thesis juridification signifies displacements towards legal discourse. Juridification comes about when an issue that was previously dealt with within a cultural, ethical, political, economical, or some other kind of discourse, begins to be, or to be more clearly or more often, treated as a legal matter. Juridification implies that discussions in some area of social life or discussions about a particular issue become, or become more often or more clearly, conducted through legal arguments and counter-arguments. In this... (More)
- The aim of the present doctoral thesis is to study and conceptualize juridification as a phenomenon. This aim comprises analyzing the theories through which juridification as an empirical development is interpreted. In this thesis juridification signifies displacements towards legal discourse. Juridification comes about when an issue that was previously dealt with within a cultural, ethical, political, economical, or some other kind of discourse, begins to be, or to be more clearly or more often, treated as a legal matter. Juridification implies that discussions in some area of social life or discussions about a particular issue become, or become more often or more clearly, conducted through legal arguments and counter-arguments. In this thesis juridification also designates two processes that are closely related to displacements towards legal discourse. Through the first process a statute addresses a situation or an aspect of social life that was formerly not touched upon by laws or other statutes. Through the second a situation or an aspect of social life, which was previously not an object of judicial judgment or decision-making, becomes such an object. In order to make the phenomenon of juridification tangible the thesis works with a case of juridification, namely the juridification of the position of the patient in publicly financed healthcare. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/1471482
- author
- Brännström, Leila LU
- supervisor
-
- Gregor Noll LU
- Lena Halldenius LU
- Bengt Lundell LU
- opponent
-
- Professor Tuori, Kaarlo, Department of Law, University of Helsinki, Finland
- organization
- publishing date
- 2009
- type
- Thesis
- publication status
- published
- subject
- keywords
- law in the field of health care, patients’ rights, the legal position of the patient, Weber, Habermas, Foucault, conceptions of law, ethical and political approaches, legal approaches, judicial supremacy, regulation through legal norms, constitutional norms, Rancière, law and politics, emancipatory politics, political discourse, legal discourse, judicialization, juridification
- pages
- 350 pages
- publisher
- Bokbox förlag
- defense location
- Pufendorfsalen, Juridiska institutionen (Tryckeriet), Lilla Gråbrödersgatan 3 C, Lund
- defense date
- 2009-09-25 10:15:00
- ISBN
- 978-91-86980-48-1
- language
- English
- LU publication?
- yes
- id
- 56046936-dbfe-41f1-b990-27e6988022a1 (old id 1471482)
- date added to LUP
- 2016-04-04 10:02:27
- date last changed
- 2018-11-21 20:56:23
@phdthesis{56046936-dbfe-41f1-b990-27e6988022a1,
abstract = {{The aim of the present doctoral thesis is to study and conceptualize juridification as a phenomenon. This aim comprises analyzing the theories through which juridification as an empirical development is interpreted. In this thesis juridification signifies displacements towards legal discourse. Juridification comes about when an issue that was previously dealt with within a cultural, ethical, political, economical, or some other kind of discourse, begins to be, or to be more clearly or more often, treated as a legal matter. Juridification implies that discussions in some area of social life or discussions about a particular issue become, or become more often or more clearly, conducted through legal arguments and counter-arguments. In this thesis juridification also designates two processes that are closely related to displacements towards legal discourse. Through the first process a statute addresses a situation or an aspect of social life that was formerly not touched upon by laws or other statutes. Through the second a situation or an aspect of social life, which was previously not an object of judicial judgment or decision-making, becomes such an object. In order to make the phenomenon of juridification tangible the thesis works with a case of juridification, namely the juridification of the position of the patient in publicly financed healthcare.}},
author = {{Brännström, Leila}},
isbn = {{978-91-86980-48-1}},
keywords = {{law in the field of health care; patients’ rights; the legal position of the patient; Weber; Habermas; Foucault; conceptions of law; ethical and political approaches; legal approaches; judicial supremacy; regulation through legal norms; constitutional norms; Rancière; law and politics; emancipatory politics; political discourse; legal discourse; judicialization; juridification}},
language = {{eng}},
publisher = {{Bokbox förlag}},
school = {{Lund University}},
title = {{Förrättsligande. En studie av rättens risker och möjligheter med fokus på patientens ställning.}},
year = {{2009}},
}