Kränkningar i skolan. Domstolens tillämpning och argumentation av skadeståndet
(2014) SOAM22 20141School of Social Work
- Abstract
- In 2006 a new legislation regarding prohibition of discrimination and violations in schools was formed. A new conception regarding this, and the right for pupils to get damages, was also included in this new law. The thesis of this paper is to analyze the courts argumentation surrounding this new area of legislation. 14 sentences, both from upper and lower courts, have been the underlying empirical base upon this thesis is based. These sentences are analyzed from a discourse and conception wise perspective. The outcome of this study shows that the courts have significant problems in their interpretations. The outcomes are diverse and not adherent. The children and pupils representative strengthens its position and forms a discourse-order... (More)
- In 2006 a new legislation regarding prohibition of discrimination and violations in schools was formed. A new conception regarding this, and the right for pupils to get damages, was also included in this new law. The thesis of this paper is to analyze the courts argumentation surrounding this new area of legislation. 14 sentences, both from upper and lower courts, have been the underlying empirical base upon this thesis is based. These sentences are analyzed from a discourse and conception wise perspective. The outcome of this study shows that the courts have significant problems in their interpretations. The outcomes are diverse and not adherent. The children and pupils representative strengthens its position and forms a discourse-order for the schools. Violations and negative behavior from the teacher is dependent on factors related to supervisory responsibilities and lacks contents of its own. Expert evidence has decisive influence on the courts and leads to that the expert discourse shapes the court's discourse. This is also done in the courts of appeal even though the concepts are clarified. The tradition of damage is prevailing in the courts. When put to practice, it is characterized by inherent problems and logical weakness and does not fit with the new concept of damage. The basis of the size of damages is unclear. The conclusion is that the courts are dependent on the knowledge of other actors to judge for damages and it is characterized by unpredictability and legal uncertainty.
Keyword: law, application, violations, damages, school (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/4469213
- author
- Terdén, Anne LU
- supervisor
- organization
- course
- SOAM22 20141
- year
- 2014
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- law, application, violations, damages, school
- language
- Swedish
- id
- 4469213
- date added to LUP
- 2014-06-24 13:49:38
- date last changed
- 2014-06-24 13:49:38
@misc{4469213,
abstract = {{In 2006 a new legislation regarding prohibition of discrimination and violations in schools was formed. A new conception regarding this, and the right for pupils to get damages, was also included in this new law. The thesis of this paper is to analyze the courts argumentation surrounding this new area of legislation. 14 sentences, both from upper and lower courts, have been the underlying empirical base upon this thesis is based. These sentences are analyzed from a discourse and conception wise perspective. The outcome of this study shows that the courts have significant problems in their interpretations. The outcomes are diverse and not adherent. The children and pupils representative strengthens its position and forms a discourse-order for the schools. Violations and negative behavior from the teacher is dependent on factors related to supervisory responsibilities and lacks contents of its own. Expert evidence has decisive influence on the courts and leads to that the expert discourse shapes the court's discourse. This is also done in the courts of appeal even though the concepts are clarified. The tradition of damage is prevailing in the courts. When put to practice, it is characterized by inherent problems and logical weakness and does not fit with the new concept of damage. The basis of the size of damages is unclear. The conclusion is that the courts are dependent on the knowledge of other actors to judge for damages and it is characterized by unpredictability and legal uncertainty.
Keyword: law, application, violations, damages, school}},
author = {{Terdén, Anne}},
language = {{swe}},
note = {{Student Paper}},
title = {{Kränkningar i skolan. Domstolens tillämpning och argumentation av skadeståndet}},
year = {{2014}},
}