| Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions. | |
| | |
MedLine Citation:
|
PMID: 20889208 Owner: NLM Status: In-Process |
Abstract/OtherAbstract:
|
This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need. |
| | |
Authors:
|
Moa Kindström Dahlin; Pernilla Leviner; Anna Kaldal; Clara Hellner Gumpert |
Related Documents
:
|
5310228 - Vacuum aspiration of the uterus in therapeutic abortion. 21112938 - A new law on advance directives in germany. 20568098 - Guidelines on the use of therapeutic apheresis in clinical practice--evidence-based app... 4442018 - Therapeutic abortion with concurrent sterilization: comparison of methods. 19994568 - Simulation (mostly) rules: a commentary. 20584278 - On the resuscitation of clinical freedom. |
Publication Detail:
|
Type: Journal Article |
Journal Detail:
|
Title: International journal of law and psychiatry Volume: 33 ISSN: 1873-6386 ISO Abbreviation: Int J Law Psychiatry Publication Date: 2010 Nov-Dec |
Date Detail:
|
Created Date: 2010-11-22 Completed Date: - Revised Date: - |
Medline Journal Info:
|
Nlm Unique ID: 7806862 Medline TA: Int J Law Psychiatry Country: Netherlands |
Other Details:
|
Languages: eng Pagination: 398-405 Citation Subset: IM |
Copyright Information:
|
Copyright © 2010 Elsevier Ltd. All rights reserved. |
Affiliation:
|
Faculty of Law, Stockholm University, Sweden. moa.kindstrom-dahlin@juridicum.su.se |
Export Citation:
|
APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
|
|
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
Previous Document: The implementation of a battery of in vivo and in vitro bioassays to assess river water for estrogen...
Next Document: Therapeutic jurisprudence and mental health courts for Maori.