Grov kvinnofridskränkning: en kritisk diskursanalys av hur lagen får sitt innehåll genom tillämpningen.
(2021) RÄSK02 20211Department of Sociology of Law
- Abstract
- The legal rule gross violation of women’s integrity is structured in such a way that it firstly gets it’s content through the application, and secondly it opens up for a subjective assessment which can provide scope for a standard assessment of the woman in a specific case. This study aims to examine, from a legal realist perspective, how the court frames the offence and portrays the female victim in juridical decisions, and thus distinguish how law in books receives content through law in action by using critical discourse analysis. It can be described as a study of how social background factors, understood as social necessary prerequisites, are given importance, and indirectly provides content to the legal rule. The concept of The ideal... (More)
- The legal rule gross violation of women’s integrity is structured in such a way that it firstly gets it’s content through the application, and secondly it opens up for a subjective assessment which can provide scope for a standard assessment of the woman in a specific case. This study aims to examine, from a legal realist perspective, how the court frames the offence and portrays the female victim in juridical decisions, and thus distinguish how law in books receives content through law in action by using critical discourse analysis. It can be described as a study of how social background factors, understood as social necessary prerequisites, are given importance, and indirectly provides content to the legal rule. The concept of The ideal victim and Smart’s critical femininist perspective is used as a framework to explain the social necessary prerequisites. The study draws the conclusion among others that the legal rule in general is normatively empty, and can only be understood by examining the court's application of necessary prerequisites. However, the study shows that such an examination does not lead to a unitary picture. Not even when the content is attempted to be traced by examining which, and in what way, social necessary prerequisites are given significance, uniform patterns in the application of law can be provided. Due to this, the study demands a legal clarification in order to achieve a legally secure application of law, but also further research in the field. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9054242
- author
- Vedberg, Sara LU ; Hofvander, Hanna LU and Svensson Bromert, Felicia LU
- supervisor
-
- Håkan Hydén LU
- organization
- course
- RÄSK02 20211
- year
- 2021
- type
- M2 - Bachelor Degree
- subject
- keywords
- grov kvinnofridskränkning, kritisk diskursanalys, kvinnligt offerskap, legal realism, sociala rekvisit
- language
- Swedish
- id
- 9054242
- date added to LUP
- 2021-07-07 12:50:30
- date last changed
- 2021-07-07 12:50:30
@misc{9054242,
abstract = {{The legal rule gross violation of women’s integrity is structured in such a way that it firstly gets it’s content through the application, and secondly it opens up for a subjective assessment which can provide scope for a standard assessment of the woman in a specific case. This study aims to examine, from a legal realist perspective, how the court frames the offence and portrays the female victim in juridical decisions, and thus distinguish how law in books receives content through law in action by using critical discourse analysis. It can be described as a study of how social background factors, understood as social necessary prerequisites, are given importance, and indirectly provides content to the legal rule. The concept of The ideal victim and Smart’s critical femininist perspective is used as a framework to explain the social necessary prerequisites. The study draws the conclusion among others that the legal rule in general is normatively empty, and can only be understood by examining the court's application of necessary prerequisites. However, the study shows that such an examination does not lead to a unitary picture. Not even when the content is attempted to be traced by examining which, and in what way, social necessary prerequisites are given significance, uniform patterns in the application of law can be provided. Due to this, the study demands a legal clarification in order to achieve a legally secure application of law, but also further research in the field.}},
author = {{Vedberg, Sara and Hofvander, Hanna and Svensson Bromert, Felicia}},
language = {{swe}},
note = {{Student Paper}},
title = {{Grov kvinnofridskränkning: en kritisk diskursanalys av hur lagen får sitt innehåll genom tillämpningen.}},
year = {{2021}},
}