The leaking Law

Research output: Contribution to conferencePaper, not in proceeding

Abstract

This paper takes its starting point in the question of how damages for violation through crime are determined by the law. Damages for violation is a type of non-pecuniary damage and the non-pecuniary damages to crime victims is the dominating type of these damages in Swedish tort law. Yet there is a fundamental uncertainty about the computation of damages and what is really meant by "violation" in the meaning of the law. The general opinion within the legal profession is that there is a lack of norms to compute the damages when it comes to compensation for violation, as the incommensurability between the violation and the financial compensation. The analysis and the results from my empirical study show several central dichotomies as between formal and informal norms and between the internal and external view upon law. But this is not simply meant as a critique, to show a "gap problem" or between "law in books"/"law in action", but rather to illustrate that what can be described as leaking law is a central dimension of a normative system that deals with values, languages and the application of general rules through interpretation in a certain context. Accordingly, the question is rather how it leaks instead of if, moreover; according to the legislator, the estimation of the compensation shall leak.

Details

Authors
Organisations
Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law and Society

Keywords

  • analytical jurisprudence, legal pluralism, sociology of law, rules, norms
Original languageEnglish
Pages1-9
Number of pages9
Publication statusSubmitted - 2014
Publication categoryResearch
Peer-reviewedYes
EventInternational Congress on: Global-regional-local. Institutions, relations, networks. Past and future of the sociology of law - IISL-Antigua Universidad s/n - Apdo.28 20560 Oñati - Gipuzkoa - Spain, Spain
Duration: 2014 May 212014 May 23

Conference

ConferenceInternational Congress on: Global-regional-local. Institutions, relations, networks. Past and future of the sociology of law
CountrySpain
Period2014/05/212014/05/23

Related research output

Karl Dahlstrand, 2018 Jul 12, Law, Legal Culture and Society: Mirrored Identities of the Legal Order. Febbrajo, A. (ed.). Abingdon & New York: Routledge, p. 150-163 13 p. (Studies in the Sociology of Law).

Research output: Chapter in Book/Report/Conference proceedingBook chapter

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Related projects

Måns Svensson & Karl Dahlstrand

Swedish Agency for Youth and Civil Society

2014/01/012017/12/31

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Måns Svensson & Karl Dahlstrand

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