Lag och samhälle

Principen om allas likhet inför lagen betraktas, såväl politiskt som rättsligt, som en viktig utgångspunkt för samhällslivet. Den ska exempelvis, enligt svensk grundlag, prägla alla sammanhang där offentlig makt utövas. Att likhet inför lagen står för något viktigt är enkelt att vara överens om, men det är i ett nästa led betydligt svårare att enas om vad som faktiskt ska följa ur begreppet, vad det ska innebära. Bland annat begreppets starka känslomässiga kraft har medfört att det anses ha politisk sprängkraft, varför lagstiftarens hållning till det har varit och kanske fortfarande är ambivalent. Begreppet är också så öppet att det kan ges många betydelser och användningar. Därför har också i boktiteln försiktigtvis smugits in ett (o). Diskussioner i termer av likhet inför lagen glider gärna in i större frågor och en ständigt pågående debatt om vad som ska anses vara godtagbar likhet och rättvisa i samhället.

Denna lärobok ger en överskådlig introduktion till frågor om likhet inför lagen med såväl rättsfilosofiska som praktiska ingångar. Bokens exempel är till stor del hämtade från den offentliga rätten i bred bemärkelse, med tonvikt på allmän förvaltningsrätt, socialrätt och straffrätt. Begreppets varierande innebörder följs genom olika historiska faser och rättsområden. Även det närliggande begreppet diskriminering behandlas, liksom det ökande antal rättighetskonventioner som anknyter till likhetsrelaterade frågor.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This highly informative Advanced Introduction explores the diverse and far-reaching legal implications of some of the key findings of behavioral economics. Cass Sunstein, a leader in this field, adopts an interdisciplinary approach to examining cutting-edge topics such as air pollution and climate change; public health and safety; pandemic response; occupational safety; road safety; and contract, property, and tort law. This Advanced Introduction provides a much-needed assessment and analysis of the law as a critical domain for the use of behavioral economics, and investigates how techniques including nudging, mandates, and taxes can be used to enhance the effectiveness and improve the implementation of the law.Key Features:Explains how legal systems and governments employ behavioral economicsExplores the crucial relationship between law, behavioral economics and human welfareHighlights the use of algorithms in law and policy, considering the relationship between algorithms, noise and bias Examines key concepts from behavioral economics including sludge, present bias, loss aversion, unrealistic optimism, and anchoringThis erudite Advanced Introduction will be an essential read for legal students, academics and researchers with an interest in behavioral economics, public policy and economic psychology. Highlighting how behavioral economics interacts with various other disciplines, it will also prove valuable to professionals and practitioners working in law, medicine, education and politics.

The volume brings together an international group of authors discussing basic concepts and approaches to plural policing as well as aspects and practices of plural policing in specific locations. The context comes from the fact that policing activities are nowadays performed by a growing number and variety of police and non-police stakeholders.

This book explores the answers to fundamental questions about the human mind and human behaviour with the help of two ancient texts.

Om rättssociologi introducerar ett innovativt tankesätt som bygger på att rättssociologi utgår från fyra dimensioner:• kodifierad statsrätt• sociala normer• rättslig praxis• social praxisSamtliga kapitel knyter an till och placeras inom dessa fyra dimen­sioner. Med kunskap om dimensionerna och deras samspel kan studenten själv ställa rätt frågor i ämnet rättssociologi, och därmed även besvara frågorna på ett bra sätt. Det här är alltså mer än en bok – det är ett verktyg. Om rättssociologi kan användas under flera år på utbildningen, även om den är en grundbok. Om rättssociologi är den första svenska läroboken i rättssociologi på länge och mycket efterlängtad av både lärare och studenter. Den riktar sig i första hand till studenter inom rättssociologi. Tack vare sin karaktär som introduktion till ämnet är den även mycket användbar för studenter som kommer i kontakt med rättssociologi, till exempel inom sociologi, kriminologi, socialt arbete och juridik.

'Brilliant and disturbing' Stephen Spender, New York Review of BooksThe classic work on 'the banality of evil', and a journalistic masterpieceHannah Arendt's stunning and unnverving report on the trial of Nazi leader Adolf Eichmann first appeared as a series of articles in the New Yorker in 1963. This edition includes material that came to light after the trial, as well as Arendt's postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, this classic portrayal of the banality of evil is as shocking as it is informative - an unflinching look at one of the most unsettling issues of the twentieth century.'Deals with the greatest problem of our time ... the problem of the human being within a modern totalitarian system' Bruno Bettelheim

This casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others.Incorporating lessons learned from her experiences as a practitioner and a law professor, the author navigates and provides snapshots of priority issues and themes in the field of the human rights of women. In each chapter, students are encouraged to reflect and answer questions alluding to the intricacies, challenges, and advances in the protection and exercise of women’s rights in modern times. The chapters also include many case judgments, decisions, views, and general recommendations adopted by universal and regional bodies and courts advancing the development of women human rights issues. This analysis is complemented by key scholarship, reports, and statements produced in the area of the human rights of women and its different features.Students of issues concerning human rights, women, gender equality, and international law will attain a thorough understanding of the field through this contemporary casebook.

Jeutner argues that the reasonable person is, at heart, an empathetic perspective-taking device, by tracing the standard of the reasonable person across time, legal fields and countries. Beginning with a review of imaginary legal figures in the legal systems of ancient Egypt, Greece, and Rome, the book explains why the common law's reasonable person emerged amidst the British industrialisation under the influence of Scottish Enlightenment thinking. Following the figure into colonial courts, onto battlefields and into self-driving cars, the book contends that the reasonable person invites judges, jury-members, and lawyers to take another person's perspective when assessing their own or another person's conduct. The perspective of another is taken by means of empathy, by feeling what others might feel in a particular situation. Thus construed, the figure of the reasonable person can help us make more accurate judgments in a diverse world.

Revised and Expanded EditionWait-what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective?In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence.In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.

Law and Technology: A Methodical Approach offers a defensible and consistent approach to the legal analysis of technology. It puts forward a step-by-step methodology for thinking about and ultimately challenging technology to meet society's demands.

THE SUNDAY TIMES BESTSELLER and a Times, Spectator and Observer Book of the Year 2021‘In the first decade of this century, it was unthinkable that a gender-critical book could even be published by a prominent publishing house, let alone become a bestseller.’ Louise Perry, New Statesman‘Thank goodness for Helen Joyce.’ Christina Patterson, Sunday Times‘Reasonable, methodical, sane, and utterly unintimidated by extremist orthodoxy, Trans is a riveting read.’ Lionel Shriver‘A tour de force.’ Evening StandardBiological sex is no longer accepted as a basic fact of life. It is forbidden to admit that female people sometimes need protection and privacy from male ones. In an analysis that is at once expert, sympathetic and urgent, Helen Joyce offers an antidote to the chaos and cancelling.

A compelling explanation of how the law shapes the distribution of wealthWhat is it that transforms a simple object, an idea, or a promise to pay into an asset that creates wealth? Katharina Pistor explains how, behind closed doors in the offices of private attorneys, capital is created—and why this little-known activity is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the various ways that debt, complex financial products, and other assets are selectively coded to protect and reproduce private wealth. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it.

THE SUNDAY TIMES BESTSELLERAngry, opinionated, mouthy, aggressive, hysterical, mad, disordered, crazy, psycho, delusional, borderline, hormonal . . . Women have long been pathologized, locked up and medicated for not conforming to whichever norms or stereotypes are expected of them in that time and space. Sexy But Psycho is a challenging and uncomfortable book which seeks to explore the way professionals and society at large pathologize and sexualise women and girls.Utilising decades of research, real case studies and new data from her own work, Dr Taylor's book will critically analyse the way we label women with personality disorders. Why are women and girls pathologized for being angry about oppression and abuse? How have so many women been duped into believing that they are mentally ill, for having normal and natural reactions to their experiences? Sexy But Psycho argues that there is a specific purpose to convincing women and girls that they are mentally ill, as the world avoids addressing violence against women and their centuries of ignored trauma.

People are now exposed to more information than ever before, provided both by technology and by increasing access to every level education. These societal gains, however, have also helped fuel a surge in narcissistic and misguided intellectual egalitarianism that has crippled informed debates on any number of issues. Today, everyone knows everything; with only a quick trip through WebMD or Wikipedia, average citizens believe themselves to be on an equal intellectual footing with doctors and diplomats. All voices, even the most ridiculous, demand to be taken with equal seriousness, and any claim to the contrary is dismissed as undemocratic elitism.As Tom Nichols shows in The Death of Expertise, this rejection of experts has occurred for many reasons, including the openness of the internet, the emergence of a customer satisfaction model in higher education, and the transformation of the news industry into a 24-hour entertainment machine. Paradoxically, the increasingly democratic dissemination of information, rather than producing an educated public, has instead created an army of ill-informed and angry citizens who denounce intellectual achievement.Nichols has deeper concerns than the current rejection of expertise and learning, noting that when ordinary citizens believe that no one knows more than anyone else, democratic institutions themselves are in danger of falling either to populism or to technocracy--or, in the worst case, a combination of both. The Death of Expertise is not only an exploration of a dangerous phenomenon but also a warning about the stability and survival of modern democracy in the Information Age.

'The kind of book that has you screaming "Yes! Yes! Yes! Now I get it!" on almost every page' Caitlin Moran'Dr Taylor sets out a compelling case . . . gives voice and agency to women who have experienced trauma and violence' Morning StarShe asked for it. She was flirting. She was drinking. She was wearing a revealing dress. She was too confident. She walked home alone. She stayed in that relationship. She was naïve. She didn't report soon enough. She didn't fight back. She wanted it. She lied about it. She comes from a bad area. She was vulnerable. She should have known. She should have seen it coming. She should have protected herself.The victim blaming of women is prevalent and normalised in society both in the UK, and around the world.What is it that causes us to blame women who have been abused, raped, trafficked, assaulted or harassed by men? Why are we uncomfortable with placing all of the blame on the perpetrators for their crimes against women and girls?Based on three years of doctoral research and ten years of practice with women and girls, Dr Jessica Taylor explores the many reasons we blame women for male violence committed against them. Written in her unique style and backed up by decades of evidence, this book exposes the powerful forces in society and individual psychology which compel us to blame women subjected to male violence.

The 50th Anniversary edition of the ground-breaking, worldwide bestselling feminist tract. ‘The Female Eunuch retains that power of transformation; it asserts the possibility of creativity within female experience’ Guardian A worldwide bestseller, translated into over twelve languages, The Female Eunuch is a landmark in the history of the women’s movement.Drawing liberally from history, literature and popular culture, past and present, Germaine Greer’s searing examination of women’s oppression is at once an important social commentary and a passionately argued masterpiece of polemic.Probably the most famous, most widely read book on feminism ever.

Why is gender equality essential? June Sarpong proves why eradicating sexism is key to our personal development, and social and economic progress. With new chapters on reclaiming power over women’s bodies and their safety, this updated edition is a comprehensive guide to promoting inclusivity. Because the truth is, equality benefits us all. Praise for June Sarpong’s Diversify: ‘June Sarpong examines the research behind diversity and discrimination while grounding them in personal narratives, highlighting our common humanity.’ Kofi Annan, co-recipient of the Nobel Peace Prize‘I am so glad June Sarpong is working on this matter of diversity.’ Desmond Tutu“A passionately written polemic” You Magazine‘An engaging read with lots of important and good ideas’ Stylist‘May prove to be our handbook to negotiate these troubled times’ Psychologies

How Russians, the Rich and the Government Try to Prevent Free Speech and How to Stop Them. ‘ESSENTIAL’ Amal Clooney‘AUTHORITATIVE’ Sir Geoffrey Bindman KC‘IMPORTANT ’Baroness Helena Kennedy KC‘COULD HARDLY BE MORE TIMELY’ Alan RusbridgerThe British tradition of “free speech” is a myth. From the middle ages to the present, the law of defamation has worked to cover up misbehaviour by the rich and powerful, whose legal mercenaries intimidate investigative journalists.Now a new terror has been added through misguided judicial development of the laws of privacy, breach of confidence and data protection, to suppress the reporting of truths of public importance to tell.Drawing upon the author’s unparalleled experience of defending journalists and editors in English and Commonwealth courtrooms over the past half-century, the book describes the hidden world of lawfare, in which authors struggle against unfair rules that put them always on the defensive and against a costs burden that runs to millions. Law schools do not teach freedom of speech and judges in the Supreme Court do not understand it.This book identifies and advocates the reforms that will be necessary before Britain can truly boast that it is a land of free speech, rather than a place where free speech can come very expensive.

'An absorbing and heart-breaking study, opening a window into the past and urgently contemporary at the same time' TESSA HADLEY We think that our children belong to us, but families are fragile things. Every day, for over a century, children have been moved between homes because of law cases that decide their fates. Yet child custody is curiously absent from history books and from how we generally understand our world. Lara Feigel’s groundbreaking book shows the fraught, complex territory of child custody to have been one of the vital battlegrounds of modern history and culture.Custody is the story of seven women – Caroline Norton, George Sand, Elizabeth Packard, Frieda Lawrence, Edna O’Brien, Alice Walker, Britney Spears – who have fought for their children and been found wanting. It is also the story of the children who have lost the care they most need because divorce is at heart a macabre continuation of matrimony in a new setting, with the battles of the marriage stoked into new levels of acrimony by the courts.It’s a book of dramatic storytelling, and of blistering polemic and large-scale historical re-evaluation. Each chapter immerses the reader in the life and times – and struggles – of these fascinating, charismatic, complex women and their children. All of these women were mothers, but all of them wanted and needed to be other things too – writers, lovers, or activists – and they and their children were punished for these attempts.Feigel has been deep in the archives, looking into thousands of other cases in each place and time, and she’s been sitting in on the family courts in the present. So alongside these central figures, the book presents a teeming picture of fractured family life in Britain, Europe and North America across two hundred years, offering a major new interpretation of how our modern culture has evolved. And Custody is an alternative history of feminism, centring on the fraught relationship between emancipation and care.This book is of urgent interest to anyone concerned with women’s roles in the world and how institutions fail them. Ultimately it’s a book that sees custody as the nexus where motherhood, ideology and power meet. Custody cases can seem in these chapters to be quintessentially tragic, but the stories of these passionate, conflicted women also make us want to figure out how to do things better.

'A GREAT ROAR OF A BOOK' Sunday Times We think that our children belong to us, but families are fragile things. Every day, for over a century, children have been moved between homes because of law cases that decide their fates. Yet child custody is curiously absent from history books and from how we generally understand our world. Lara Feigel’s groundbreaking book shows the fraught, complex territory of child custody to have been one of the vital battlegrounds of modern history and culture.Custody is the story of seven women – Caroline Norton, George Sand, Elizabeth Packard, Frieda Lawrence, Edna O’Brien, Alice Walker, Britney Spears – who have fought for their children and been found wanting. It is also the story of the children who have lost the care they most need because divorce is at heart a macabre continuation of matrimony in a new setting, with the battles of the marriage stoked into new levels of acrimony by the courts.It’s a book of dramatic storytelling, and of blistering polemic and large-scale historical re-evaluation. Each chapter immerses the reader in the life and times – and struggles – of these fascinating, charismatic, complex women and their children. All of these women were mothers, but all of them wanted and needed to be other things too – writers, lovers, or activists – and they and their children were punished for these attempts.Feigel has been deep in the archives, looking into thousands of other cases in each place and time, and she’s been sitting in on the family courts in the present. So alongside these central figures, the book presents a teeming picture of fractured family life in Britain, Europe and North America across two hundred years, offering a major new interpretation of how our modern culture has evolved. And Custody is an alternative history of feminism, centring on the fraught relationship between emancipation and care.This book is of urgent interest to anyone concerned with women’s roles in the world and how institutions fail them. Ultimately it’s a book that sees custody as the nexus where motherhood, ideology and power meet. Custody cases can seem in these chapters to be quintessentially tragic, but the stories of these passionate, conflicted women also make us want to figure out how to do things better.

Resilience in Complex Socioecological Systems, Volume 60, the latest release in the Advances in Ecological Research series, includes specific chapters that cover Ecological Resilience, Socio-economic Resilience in Agriculture, Socio-ecological Resilience, Adaptive Capacity in Ecosystems, Tales of Resilience from iDIV and Resilience/ Robustness in Agro-ecology, and Resilience/Robustness in Agro-ecology, amongst other important topics in ecological research.

Provides information that relates to a thorough understanding of the field Deals with topical and important reviews on the physiologies, populations and communities of plants and animals

Eve Was Framed offers an impassioned, personal critique of the British legal system. Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.

Who can lay claim to a legally-recognized Indian identity? Who decides whether or not an individual qualifies? The right to determine tribal citizenship is fundamental to tribal sovereignty, but deciding who belongs has a complicated history, especially in the South.Indians who remained in the South following removal became a marginalized and anomalous people in an emerging biracial world. Despite the economic hardships and assimilationist pressures they faced, they insisted on their political identity as citizens of tribal nations and rejected Euro-American efforts to reduce them to another racial minority, especially in the face of Jim Crow segregation. Drawing upon their cultural traditions, kinship patterns, and evolving needs to protect their land, resources, and identity from outsiders, southern Indians constructed tribally-specific citizenship criteria, in part by manipulating racial categories - like blood quantum - that were not traditional elements of indigenous cultures. Mikaëla M. Adams investigates how six southern tribes-the Pamunkey Indian Tribe of Virginia, the Catawba Indian Nation of South Carolina, the Mississippi Band of Choctaw Indians, the Eastern Band of Cherokee Indians of North Carolina, the Seminole Tribe of Florida, and the Miccosukee Tribe of Indians of Florida-decided who belonged. By focusing on the rights and resources at stake, the effects of state and federal recognition, the influence of kinship systems and racial ideologies, and the process of creating official tribal rolls, Adams reveals how Indians established legal identities. Through examining the nineteenth and twentieth century histories of these Southern tribes, Who Belongs? quashes the notion of an essential "Indian" and showcases the constantly-evolving process of defining tribal citizenship.

Problem-solving courts are special courts that do not simply punish offenders, but use other justice principles—like therapeutic jurisprudence and restorative justice—and psychology principles—like anticipated emotion, operant conditioning, and social support—to address underlying social issues that contributed to the crime. The U.S. has numerous types of problem-solving courts, such as drug courts, mental health courts, and homelessness courts. Other countries do not have such courts, have altered versions, or have courts for other issues, like aboriginal courts. Comparison of these courts worldwide shows that many societies address their social issues through courts in dramatically different ways than do problem-solving courts in the U.S. Society, Science, and Problem-Solving Courts takes a broad social science approach to explain what societal factors brought about development of the wide variety of problem-solving courts, and what factors prevent such development or make problem-solving courts unnecessary. The book also investigates the role of science and technology in the development, enforcement, and evaluation of problem-solving courts. It is this combination of society and science that makes problem-solving courts possible.