Skip to main content

LUP Student Papers

LUND UNIVERSITY LIBRARIES

Rätten av leva som andra - en kvalitativ studie av normers inverkan på rättens tolkning av LSS 1 § tredje punkt

Alonzo, Ivar LU and Matstoms, David LU (2023) SOPB63 20231
School of Social Work
Abstract
Our interest to perform this study surfaced after watching an investigative documentary (SVT 2022) about a vision-impaired woman having her right to assistance withdrawn for the reason that, according to the court, she did not experience “significant difficulties in her daily life”. The reason for the withdrawal was that she no longer meet the set requirement according to the requisite specified in the legal scriptures. Therefore, this study sought out to present a deeper understanding of how court members and judges of the higher instances of court interpret the requisites that determine if the individual is qualified to receive assistance through the Swedish law of support and assistance to certain disabled (Lag 1993:387 om stöd och... (More)
Our interest to perform this study surfaced after watching an investigative documentary (SVT 2022) about a vision-impaired woman having her right to assistance withdrawn for the reason that, according to the court, she did not experience “significant difficulties in her daily life”. The reason for the withdrawal was that she no longer meet the set requirement according to the requisite specified in the legal scriptures. Therefore, this study sought out to present a deeper understanding of how court members and judges of the higher instances of court interpret the requisites that determine if the individual is qualified to receive assistance through the Swedish law of support and assistance to certain disabled (Lag 1993:387 om stöd och service till vissa funktionshindrade). The empirical data consisted of 13 different rulings from higher instances of the Swedish court and was analysed through the application of the legal dogmatic method and norm theory, specifically Håkan Hydén´s norm model (2002). We were able to identify 5 themes in total: 2 themes through the legal dogmatic method and 3 through norm theory. The result showed that legal norms, though rather vague ones, were embedded, thus impacting the outcome of the ruling. Furthermore, the influence of societal norms could be seen in the ruling of individual cases. However, the presence of societal norms was not excluded from rulings only due to the fact that it also could be seen permeating through the requisite descriptions found in the law's preparatory literature (prop. 1992/93:159). (Less)
Please use this url to cite or link to this publication:
author
Alonzo, Ivar LU and Matstoms, David LU
supervisor
organization
course
SOPB63 20231
year
type
M2 - Bachelor Degree
subject
keywords
LSS, personkrets 3, betydande svårigheter i den dagliga livsföringen, normer
language
Swedish
id
9123396
date added to LUP
2023-06-16 22:59:51
date last changed
2023-06-16 22:59:51
@misc{9123396,
  abstract     = {{Our interest to perform this study surfaced after watching an investigative documentary (SVT 2022) about a vision-impaired woman having her right to assistance withdrawn for the reason that, according to the court, she did not experience “significant difficulties in her daily life”. The reason for the withdrawal was that she no longer meet the set requirement according to the requisite specified in the legal scriptures. Therefore, this study sought out to present a deeper understanding of how court members and judges of the higher instances of court interpret the requisites that determine if the individual is qualified to receive assistance through the Swedish law of support and assistance to certain disabled (Lag 1993:387 om stöd och service till vissa funktionshindrade). The empirical data consisted of 13 different rulings from higher instances of the Swedish court and was analysed through the application of the legal dogmatic method and norm theory, specifically Håkan Hydén´s norm model (2002). We were able to identify 5 themes in total: 2 themes through the legal dogmatic method and 3 through norm theory. The result showed that legal norms, though rather vague ones, were embedded, thus impacting the outcome of the ruling. Furthermore, the influence of societal norms could be seen in the ruling of individual cases. However, the presence of societal norms was not excluded from rulings only due to the fact that it also could be seen permeating through the requisite descriptions found in the law's preparatory literature (prop. 1992/93:159).}},
  author       = {{Alonzo, Ivar and Matstoms, David}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Rätten av leva som andra - en kvalitativ studie av normers inverkan på rättens tolkning av LSS 1 § tredje punkt}},
  year         = {{2023}},
}