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Det allmänna rättsmedvetandet och några svenska förarbeten på straffrättens område 2008–2018

Anderberg, Andreas LU (2020) In Nordisk Tidsskrift for Kriminalvidenskab 107(3). p.251-267
Abstract
This article focuses on what is often termed the general (or public) sense of justice, GSJ for short. It illustrates the influence that the GSJ has had on various preparatory works in Swedish criminal law during a recent decade. It is often claimed that the GSJ is used as an argument in political discourse and decision making in the area of criminal law, especially to motivate criminalisation and harsher penal sanctions. Political points can be scored and general elections won by deploying a tough stance on crime. A problematic aspect is that by appealing to the GSJ, legislators create a way to legitimise punitive measures with little or no empirical support in criminological research. Furthermore, the very concept of the GSJ is unclear,... (More)
This article focuses on what is often termed the general (or public) sense of justice, GSJ for short. It illustrates the influence that the GSJ has had on various preparatory works in Swedish criminal law during a recent decade. It is often claimed that the GSJ is used as an argument in political discourse and decision making in the area of criminal law, especially to motivate criminalisation and harsher penal sanctions. Political points can be scored and general elections won by deploying a tough stance on crime. A problematic aspect is that by appealing to the GSJ, legislators create a way to legitimise punitive measures with little or no empirical support in criminological research. Furthermore, the very concept of the GSJ is unclear, contentious, and characterised by a plethora of interpretations.This article provides background on the GSJ in the Nordic countries and thereby gives context to some recent legislative work in Sweden. The article concludes that legislators frequently reproduce phrases which, under closer inspection, appear quite hollow. The GSJ therefore seems to be more of a vague reference used for political purposes as opposed to a representation of actual popular values. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Straffrätt, Rättsmedvetande, Lagstiftning, Straffpopulism, Criminal law, Sense of justice, Legislation, Penal populism
in
Nordisk Tidsskrift for Kriminalvidenskab
volume
107
issue
3
pages
17 pages
publisher
De Nordiske Kriminalistforeninger
ISSN
0029-1528
DOI
10.7146/ntfk.v107i3.124883
language
Swedish
LU publication?
no
id
f9114cb3-6da9-48ac-a387-482d956c2055
date added to LUP
2022-08-31 14:28:57
date last changed
2022-09-08 14:40:31
@article{f9114cb3-6da9-48ac-a387-482d956c2055,
  abstract     = {{This article focuses on what is often termed the general (or public) sense of justice, GSJ for short. It illustrates the influence that the GSJ has had on various preparatory works in Swedish criminal law during a recent decade. It is often claimed that the GSJ is used as an argument in political discourse and decision making in the area of criminal law, especially to motivate criminalisation and harsher penal sanctions. Political points can be scored and general elections won by deploying a tough stance on crime. A problematic aspect is that by appealing to the GSJ, legislators create a way to legitimise punitive measures with little or no empirical support in criminological research. Furthermore, the very concept of the GSJ is unclear, contentious, and characterised by a plethora of interpretations.This article provides background on the GSJ in the Nordic countries and thereby gives context to some recent legislative work in Sweden. The article concludes that legislators frequently reproduce phrases which, under closer inspection, appear quite hollow. The GSJ therefore seems to be more of a vague reference used for political purposes as opposed to a representation of actual popular values.}},
  author       = {{Anderberg, Andreas}},
  issn         = {{0029-1528}},
  keywords     = {{Straffrätt; Rättsmedvetande; Lagstiftning; Straffpopulism; Criminal law; Sense of justice; Legislation; Penal populism}},
  language     = {{swe}},
  number       = {{3}},
  pages        = {{251--267}},
  publisher    = {{De Nordiske Kriminalistforeninger}},
  series       = {{Nordisk Tidsskrift for Kriminalvidenskab}},
  title        = {{Det allmänna rättsmedvetandet och några svenska förarbeten på straffrättens område 2008–2018}},
  url          = {{http://dx.doi.org/10.7146/ntfk.v107i3.124883}},
  doi          = {{10.7146/ntfk.v107i3.124883}},
  volume       = {{107}},
  year         = {{2020}},
}