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Vi möts ömsesidigt på mitten? En kvalitativ analys om hur dialogen mellan inblandade parter framställs i LVU-domar

Welin, Love LU (2018) RÄSK02 20181
Department of Sociology of Law
Abstract
With regards to Sweden receiving criticism from the UN about not properly treating children according to the UN convention on the rights of the child, this study aims to further explore this criticism on the subject compulsory care of children and its related investigative work. Children are the pillar stones of society which means authority decisions of compulsory care should always be regarded as the last resort. Due to limited possibilities of attending real life discussions held by social workers, lawyers and children, the empirical aspect of the study will compose of several verdicts concerning decisions of compulsory care for children due to their own behavior. The verdicts will be analyzed in terms of how they reflect the dialogical... (More)
With regards to Sweden receiving criticism from the UN about not properly treating children according to the UN convention on the rights of the child, this study aims to further explore this criticism on the subject compulsory care of children and its related investigative work. Children are the pillar stones of society which means authority decisions of compulsory care should always be regarded as the last resort. Due to limited possibilities of attending real life discussions held by social workers, lawyers and children, the empirical aspect of the study will compose of several verdicts concerning decisions of compulsory care for children due to their own behavior. The verdicts will be analyzed in terms of how they reflect the dialogical communication between involved parties in the investigative work concerning decisions of compulsory care. The data was collected with the methodological approach of critical discourse analysis and assessed with the theoretical framework of Jürgen Habermas’s communicative action. Both method and theory aim to further understand society by individuals use of discourse, language and dialogue, hence working together efficiently.

The concluding result show that by first approach one cannot be judged for stating the apparent lack of mutual dialogue between authorities and children based on the verdicts, thus concluding that children lack participation in the decision-making process. Although with the helpfulness of the theory of communicative action, this study understood the supposed lack of dialogue reflected in the verdicts in terms of different rational motivated communication. The lawyers which author the verdicts are subjects of instrumental rationality, while us reading the verdicts and the involved children are subjects of communicative rationality. This does not necessarily mean that there is intentional lack of children’s involvement in the decisionmaking, instead it should be understood in terms of different rationalities which do not fully understand one and other. One is governed by efficiency where the other is governed by language use and mutual understanding. (Less)
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author
Welin, Love LU
supervisor
organization
course
RÄSK02 20181
year
type
M2 - Bachelor Degree
subject
keywords
LVU, diskurs, instrumentell rationalitet, kommunikativ rationalitet, system, livsvärld
language
Swedish
id
8951306
date added to LUP
2018-06-25 12:17:24
date last changed
2018-06-25 12:17:24
@misc{8951306,
  abstract     = {{With regards to Sweden receiving criticism from the UN about not properly treating children according to the UN convention on the rights of the child, this study aims to further explore this criticism on the subject compulsory care of children and its related investigative work. Children are the pillar stones of society which means authority decisions of compulsory care should always be regarded as the last resort. Due to limited possibilities of attending real life discussions held by social workers, lawyers and children, the empirical aspect of the study will compose of several verdicts concerning decisions of compulsory care for children due to their own behavior. The verdicts will be analyzed in terms of how they reflect the dialogical communication between involved parties in the investigative work concerning decisions of compulsory care. The data was collected with the methodological approach of critical discourse analysis and assessed with the theoretical framework of Jürgen Habermas’s communicative action. Both method and theory aim to further understand society by individuals use of discourse, language and dialogue, hence working together efficiently. 
 
The concluding result show that by first approach one cannot be judged for stating the apparent lack of mutual dialogue between authorities and children based on the verdicts, thus concluding that children lack participation in the decision-making process. Although with the helpfulness of the theory of communicative action, this study understood the supposed lack of dialogue reflected in the verdicts in terms of different rational motivated communication. The lawyers which author the verdicts are subjects of instrumental rationality, while us reading the verdicts and the involved children are subjects of communicative rationality. This does not necessarily mean that there is intentional lack of children’s involvement in the decisionmaking, instead it should be understood in terms of different rationalities which do not fully understand one and other. One is governed by efficiency where the other is governed by language use and mutual understanding.}},
  author       = {{Welin, Love}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Vi möts ömsesidigt på mitten? En kvalitativ analys om hur dialogen mellan inblandade parter framställs i LVU-domar}},
  year         = {{2018}},
}