Medlingslagen, en del av ett rättsystem i förändring
(2007)Department of Law
- Abstract
- The essay deals with the question of the conflict between restorative justice and the existing legal system, both on the theoretical, as well as on the practical level. The study addresses the question if the Swedish law for mediation as a response to crime is compatible with the ordinary criminal justice system, or if there is a conflict of interests between them. The questions answered are: What are the backgrounds and significant features of restorative justice and the ordinary criminal justice system? Does the pre-modern Swedish legal culture contain restorative justice features? Is the mediation law a case of restorative justice? Has the mediation law been integrated with the Swedish system for criminal justice, or does there exist a... (More)
- The essay deals with the question of the conflict between restorative justice and the existing legal system, both on the theoretical, as well as on the practical level. The study addresses the question if the Swedish law for mediation as a response to crime is compatible with the ordinary criminal justice system, or if there is a conflict of interests between them. The questions answered are: What are the backgrounds and significant features of restorative justice and the ordinary criminal justice system? Does the pre-modern Swedish legal culture contain restorative justice features? Is the mediation law a case of restorative justice? Has the mediation law been integrated with the Swedish system for criminal justice, or does there exist a conflict. How does the mediation law correspond with the demands on the criminal justice process in the ECHR? How does the mediation law correspond with the proposal in Recommendation No. R (99) 19 of the Committee of Ministers to member States concerning mediation in penal matters? The conclusion of the essay is that the Swedish mediation law has several weaknesses in regard to the right to a fair trail. But there is a possibility to bridge the gap between ordinary criminal justice and mediation as an example of restorative justice. It is not a question of off and on. Different practices can be combined and intermingled to fit society's needs. In casu the problem is the lack of ideological consideration in the lawgiving process. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1559038
- author
- Karlgren, Andreas
- supervisor
- organization
- year
- 2007
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Allmän rättslära, Processrätt, Straffrätt
- language
- Swedish
- id
- 1559038
- date added to LUP
- 2010-03-08 15:55:23
- date last changed
- 2010-03-08 15:55:23
@misc{1559038,
abstract = {{The essay deals with the question of the conflict between restorative justice and the existing legal system, both on the theoretical, as well as on the practical level. The study addresses the question if the Swedish law for mediation as a response to crime is compatible with the ordinary criminal justice system, or if there is a conflict of interests between them. The questions answered are: What are the backgrounds and significant features of restorative justice and the ordinary criminal justice system? Does the pre-modern Swedish legal culture contain restorative justice features? Is the mediation law a case of restorative justice? Has the mediation law been integrated with the Swedish system for criminal justice, or does there exist a conflict. How does the mediation law correspond with the demands on the criminal justice process in the ECHR? How does the mediation law correspond with the proposal in Recommendation No. R (99) 19 of the Committee of Ministers to member States concerning mediation in penal matters? The conclusion of the essay is that the Swedish mediation law has several weaknesses in regard to the right to a fair trail. But there is a possibility to bridge the gap between ordinary criminal justice and mediation as an example of restorative justice. It is not a question of off and on. Different practices can be combined and intermingled to fit society's needs. In casu the problem is the lack of ideological consideration in the lawgiving process.}},
author = {{Karlgren, Andreas}},
language = {{swe}},
note = {{Student Paper}},
title = {{Medlingslagen, en del av ett rättsystem i förändring}},
year = {{2007}},
}