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Huvudregelns undantag. En rättssociologisk studie om Brottsbalkens 6 kapitel 14 §

Nybom, Cecilia LU (2012) RÄSK01 20121
Department of Sociology of Law
Abstract
This paper deals with the Swedish Criminal Code Chapter 6, paragraph 14. The primary aim has been to investigate, from an unbiased and sociology of law perspective, how the regulation is interpreted by the courts, and then compare it to the legislator’s interpretation. My secondary aim has been to analyze what victomological consequences that can arise from an unclear regulation.

In order to fulfill my aim, I investigated the regulation´s legislative history, doctrine in the form of practices, its legislative history and doctrine and case law, which I then qualitatively analyzed from a "legal realist" perspective. I used norms, and theories of interpretation to illuminate my result more deeply.

The results of the analysis, relating... (More)
This paper deals with the Swedish Criminal Code Chapter 6, paragraph 14. The primary aim has been to investigate, from an unbiased and sociology of law perspective, how the regulation is interpreted by the courts, and then compare it to the legislator’s interpretation. My secondary aim has been to analyze what victomological consequences that can arise from an unclear regulation.

In order to fulfill my aim, I investigated the regulation´s legislative history, doctrine in the form of practices, its legislative history and doctrine and case law, which I then qualitatively analyzed from a "legal realist" perspective. I used norms, and theories of interpretation to illuminate my result more deeply.

The results of the analysis, relating to the primary aim, show that the regulation consists of a large interpretation-span. The cases I have analyzed usually only consist of the parties statements, while Auditors subjective thoughts lay the foundation for the assessment. Regarding the secondary aim the regulation can be difficult to use from a victimological aspect. The consequences of not applying the rule may result in that victims may feel a certain stigma, primarily in terms of being seen as weak or as a person who can not change their situation. (Less)
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author
Nybom, Cecilia LU
supervisor
organization
course
RÄSK01 20121
year
type
M2 - Bachelor Degree
subject
keywords
discharge rule, victimology, norms, sociology of law, ansvarsfrihetsregeln, viktimologi, normer, rättssociologi.
language
Swedish
id
3044593
date added to LUP
2012-09-24 08:21:50
date last changed
2012-09-24 08:21:50
@misc{3044593,
  abstract     = {This paper deals with the Swedish Criminal Code Chapter 6, paragraph 14. The primary aim has been to investigate, from an unbiased and sociology of law perspective, how the regulation is interpreted by the courts, and then compare it to the legislator’s interpretation. My secondary aim has been to analyze what victomological consequences that can arise from an unclear regulation.

In order to fulfill my aim, I investigated the regulation´s legislative history, doctrine in the form of practices, its legislative history and doctrine and case law, which I then qualitatively analyzed from a "legal realist" perspective. I used norms, and theories of interpretation to illuminate my result more deeply. 

The results of the analysis, relating to the primary aim, show that the regulation consists of a large interpretation-span. The cases I have analyzed usually only consist of the parties statements, while Auditors subjective thoughts lay the foundation for the assessment. Regarding the secondary aim the regulation can be difficult to use from a victimological aspect. The consequences of not applying the rule may result in that victims may feel a certain stigma, primarily in terms of being seen as weak or as a person who can not change their situation.},
  author       = {Nybom, Cecilia},
  keyword      = {discharge rule,victimology,norms,sociology of law,ansvarsfrihetsregeln,viktimologi,normer,rättssociologi.},
  language     = {swe},
  note         = {Student Paper},
  title        = {Huvudregelns undantag. En rättssociologisk studie om Brottsbalkens 6 kapitel 14 §},
  year         = {2012},
}