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Empowerment and Private Law : Civil Impetus for Sustainable Development

Michelson, Staffan LU (2018)
Abstract (Swedish)
Avhandlingen redovisar en undersökning av samspelet mellan människor i samhällsliv, näringsliv och rättsprocesser, varigenom författaren kartlagt förutsättningarna för enskilda att aktivera civilrättsliga instrument i syfte att främja en utveckling i linje med normer som återspeglas i FNs hållbarhetsmål enligt Agenda 2030.
The dissertation is the result of a study of private law viewed as a source of power for individuals to enhance values they favour. As an appropriate example of such values, the study has focused on current norms that have been recognized and mirrored as sustainable development goals (SDGs) in the UN Agenda 2030. The research question asks why and under which conditions it is possible for individuals to utilize civil... (More)
Avhandlingen redovisar en undersökning av samspelet mellan människor i samhällsliv, näringsliv och rättsprocesser, varigenom författaren kartlagt förutsättningarna för enskilda att aktivera civilrättsliga instrument i syfte att främja en utveckling i linje med normer som återspeglas i FNs hållbarhetsmål enligt Agenda 2030.
The dissertation is the result of a study of private law viewed as a source of power for individuals to enhance values they favour. As an appropriate example of such values, the study has focused on current norms that have been recognized and mirrored as sustainable development goals (SDGs) in the UN Agenda 2030. The research question asks why and under which conditions it is possible for individuals to utilize civil rights and private law to empower themselves and others, with the purpose of promoting societal change in line with norms for sustainable development and resilience (SDR norms). The research has been conducted as a multiple-case study and the overall phenomenon of focus for the investigation is the function of private law and civil rights in reflexive processes that occur in the interface between individuals and norms guiding the individuals´ actions.
Eight cases have been subject to in-depth studies, analyses, comparisons and syntheses. The cases deal with a variety of subjects within the research theme: buried toxicant waste barrels, cause lawyering for the conservation of marine resources, damage from oil pollution, corporate water supply pro bono, sustainability in the food industry, organic agriculture, urban gardening and sustainability in banking and finances. Three of those cases are characterized by an element of confrontation in court procedures, and five of them by the search for progress by consensus.
The study confirms that contemporary conditions in society enable human individuals to promote the targeted kind of societal change by adopting techniques of legal empowerment. A sizable portion of such conditions exists within the body of operative components in private law for utilization by confrontation or consensus. Legal court procedures, legal out-of-court procedures and legal acts to regenerate or accumulate power are constantly available as operative instruments with potential functions that underpin an integration of common values in society. A prerequisite for this kind of promotion of societal change to occur, however, is that individuals do not hesitate to activate the available body of law in interaction with other norms than legal norms. Such intentional activation of law is crucial, not only in advanced legal procedures such as litigation, transaction, authorization or legal entity foundation, but also in everyday legal acts related to purchases, services, loans, contracts and collaboration.
The summarized findings of the study clarify that the power and the certainty of civil rights and private law, when operationalized by assiduous individuals, can be conducive to the realization of SDR norms. (Less)
Abstract
This dissertation is the result of a study of private law viewed as a source of power for individuals to enhance values they favour. As an appropriate example of such values, the study has focused on current norms that have been recognized and mirrored as sustainable development goals (SDGs) in the UN Agenda 2030. The research question asks why and under which conditions it is possible for individuals to utilize civil rights and private law to empower themselves and others, with the purpose of promoting societal change in line with norms for sustainable development and resilience (SDR norms). The research has been conducted as a multiple-case study and the overall phenomenon of focus for the investigation is the function of private law and... (More)
This dissertation is the result of a study of private law viewed as a source of power for individuals to enhance values they favour. As an appropriate example of such values, the study has focused on current norms that have been recognized and mirrored as sustainable development goals (SDGs) in the UN Agenda 2030. The research question asks why and under which conditions it is possible for individuals to utilize civil rights and private law to empower themselves and others, with the purpose of promoting societal change in line with norms for sustainable development and resilience (SDR norms). The research has been conducted as a multiple-case study and the overall phenomenon of focus for the investigation is the function of private law and civil rights in reflexive processes that occur in the interface between individuals and norms guiding the individuals´ actions.
Eight cases have been subject to in-depth studies, analyses, comparisons and syntheses. The cases deal with a variety of subjects within the research theme: buried toxicant waste barrels, cause lawyering for the conservation of marine resources, damage from oil pollution, corporate water supply pro bono, sustainability in the food industry, organic agriculture, urban gardening and sustainability in banking and finances. Three of those cases are characterized by an element of confrontation in court procedures, and five of them by the search for progress by consensus.
The study confirms that contemporary conditions in society enable human individuals to promote the targeted kind of societal change by adopting techniques of legal empowerment. A sizable portion of such conditions exists within the body of operative components in private law for utilization by confrontation or consensus. Legal court procedures, legal out-of-court procedures and legal acts to regenerate or accumulate power are constantly available as operative instruments with potential functions that underpin an integration of common values in society. A prerequisite for this kind of promotion of societal change to occur, however, is that individuals do not hesitate to activate the available body of law in interaction with other norms than legal norms. Such intentional activation of law is crucial, not only in advanced legal procedures such as litigation, transaction, authorization or legal entity foundation, but also in everyday legal acts related to purchases, services, loans, contracts and collaboration.
The summarized findings of the study clarify that the power and the certainty of civil rights and private law, when operationalized by assiduous individuals, can be conducive to the realization of SDR norms.
(Less)
Please use this url to cite or link to this publication:
author
supervisor
opponent
  • Professor Petersen, Hanne, University of Copenhagen
organization
publishing date
type
Thesis
publication status
published
subject
keywords
sustainable development, resilience, empowerment, legal emopwerment, private law, civil rights, agenda 2030, SDGs, power of law, case study, societal change, sociology of law, norms, SDR norms, environment
pages
296 pages
publisher
Jure
defense location
Pufendorf, Faculty of Law, Lilla Gråbrödersgatan 3C, Lund
defense date
2018-11-30 13:15
ISBN
978-91-7223-748-3
language
English
LU publication?
yes
id
7a4e2561-8af8-4b0c-8abd-b43e719e952b
date added to LUP
2018-11-08 13:54:33
date last changed
2018-11-14 11:45:07
@phdthesis{7a4e2561-8af8-4b0c-8abd-b43e719e952b,
  abstract     = {This dissertation is the result of a study of private law viewed as a source of power for individuals to enhance values they favour. As an appropriate example of such values, the study has focused on current norms that have been recognized and mirrored as sustainable development goals (SDGs) in the UN Agenda 2030. The research question asks why and under which conditions it is possible for individuals to utilize civil rights and private law to empower themselves and others, with the purpose of promoting societal change in line with norms for sustainable development and resilience (SDR norms). The research has been conducted as a multiple-case study and the overall phenomenon of focus for the investigation is the function of private law and civil rights in reflexive processes that occur in the interface between individuals and norms guiding the individuals´ actions. <br/>   Eight cases have been subject to in-depth studies, analyses, comparisons and syntheses. The cases deal with a variety of subjects within the research theme: buried toxicant waste barrels, cause lawyering for the conservation of marine resources, damage from oil pollution, corporate water supply pro bono, sustainability in the food industry, organic agriculture, urban gardening and sustainability in banking and finances. Three of those cases are characterized by an element of confrontation in court procedures, and five of them by the search for progress by consensus.<br/>   The study confirms that contemporary conditions in society enable human individuals to promote the targeted kind of societal change by adopting techniques of legal empowerment. A sizable portion of such conditions exists within the body of operative components in private law for utilization by confrontation or consensus. Legal court procedures, legal out-of-court procedures and legal acts to regenerate or accumulate power are constantly available as operative instruments with potential functions that underpin an integration of common values in society. A prerequisite for this kind of promotion of societal change to occur, however, is that individuals do not hesitate to activate the available body of law in interaction with other norms than legal norms. Such intentional activation of law is crucial, not only in advanced legal procedures such as litigation, transaction, authorization or legal entity foundation, but also in everyday legal acts related to purchases, services, loans, contracts and collaboration.<br/>   The summarized findings of the study clarify that the power and the certainty of civil rights and private law, when operationalized by assiduous individuals, can be conducive to the realization of SDR norms.<br/>},
  author       = {Michelson, Staffan},
  isbn         = {978-91-7223-748-3},
  keyword      = {sustainable development,resilience,empowerment,legal emopwerment,private law,civil rights,agenda 2030,SDGs,power of law,case study,societal change,sociology of law,norms,SDR norms,environment},
  language     = {eng},
  month        = {11},
  pages        = {296},
  publisher    = {Jure},
  school       = {Lund University},
  title        = {Empowerment and Private Law : Civil Impetus for Sustainable Development},
  year         = {2018},
}