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"En jävligt sopig straffskala": en rättssociologisk studie av barnpornografibrottets utformning och strafflatitud

Nieminen, Tommy LU and Svensson, Jesper LU (2015) RÄSK02 20151
Department of Sociology of Law
Abstract
The purpose of this thesis was to develop a deeper understanding of child pornography as a crime and its sentencing. The main purpose of the study is to relate the current debate regarding the sentencing connected to the crime of child pornography to a standpoint of sociology of law perspective on the law. As our starting point we have considered the question of Thomas Mathiesen, through sociology of law, of how social conditions affect the law, and through this attempt to gain a greater understanding of how social norms are reflected in the law concerning child pornography. The work consists of a review of legal sources and of two empirical studies. The first empirical study is a quantitative content analysis of legal rulings and the... (More)
The purpose of this thesis was to develop a deeper understanding of child pornography as a crime and its sentencing. The main purpose of the study is to relate the current debate regarding the sentencing connected to the crime of child pornography to a standpoint of sociology of law perspective on the law. As our starting point we have considered the question of Thomas Mathiesen, through sociology of law, of how social conditions affect the law, and through this attempt to gain a greater understanding of how social norms are reflected in the law concerning child pornography. The work consists of a review of legal sources and of two empirical studies. The first empirical study is a quantitative content analysis of legal rulings and the second study consists of six interviews with people with work-related knowledge of the child pornography offense. This work resulted in a discussion of the common sense of law, the societal affairs protected by the law and of the preventive effect of the sentencing. The common sense of law is discussed within the question of how legal rules are codified along with the prevailing norms. In terms of society's commitment to protect children the placement of the law concerning child pornography within the Penal Code is discussed in relation to the societal affairs protected by the law. Lastly the sentencing and how it corresponds to the public perception of the loathsomeness of the crime is debated. It is stated in the thesis that the social and formal norms interact but that the meaning of the social norm is hard to define. (Less)
Please use this url to cite or link to this publication:
author
Nieminen, Tommy LU and Svensson, Jesper LU
supervisor
organization
course
RÄSK02 20151
year
type
M2 - Bachelor Degree
subject
keywords
common sense of law, crime prevention, norms, sentencing, protected interest, child pornography
language
Swedish
id
7444906
date added to LUP
2015-06-26 15:19:53
date last changed
2015-06-26 15:19:53
@misc{7444906,
  abstract     = {{The purpose of this thesis was to develop a deeper understanding of child pornography as a crime and its sentencing. The main purpose of the study is to relate the current debate regarding the sentencing connected to the crime of child pornography to a standpoint of sociology of law perspective on the law. As our starting point we have considered the question of Thomas Mathiesen, through sociology of law, of how social conditions affect the law, and through this attempt to gain a greater understanding of how social norms are reflected in the law concerning child pornography. The work consists of a review of legal sources and of two empirical studies. The first empirical study is a quantitative content analysis of legal rulings and the second study consists of six interviews with people with work-related knowledge of the child pornography offense. This work resulted in a discussion of the common sense of law, the societal affairs protected by the law and of the preventive effect of the sentencing. The common sense of law is discussed within the question of how legal rules are codified along with the prevailing norms. In terms of society's commitment to protect children the placement of the law concerning child pornography within the Penal Code is discussed in relation to the societal affairs protected by the law. Lastly the sentencing and how it corresponds to the public perception of the loathsomeness of the crime is debated. It is stated in the thesis that the social and formal norms interact but that the meaning of the social norm is hard to define.}},
  author       = {{Nieminen, Tommy and Svensson, Jesper}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{"En jävligt sopig straffskala": en rättssociologisk studie av barnpornografibrottets utformning och strafflatitud}},
  year         = {{2015}},
}