Lagstiftarens intentioner kontra praktikens tolkning och tillämpning: En rättsvetenskaplig undersökning av rekvisitet annat förhållande i hemmet i 2 § lagen (1990:52) med särskilda bestämmelser om vård av unga
Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
This thesis has focused on specific aspects of the law concerning the 2nd paragraph of The Care of Young Persons Act (1990:52), LVU. The purpose of this study was to examine the provision other circumstance in the home from a legal perspective; how is the provision defined in the law? A second purpose was to reveal any discrepancy between the intention of the legislation of the already mentioned provision and how this provision was interpreted and applied in practice. This study was jurisprudential and based on both traditional juristic method and sociological methods with qualitative interviews with social workers and text analysis of a case from The County Administrative Court. The gathered information was analysed using a method of discourse analysis. The theoretical framework for this thesis was social constructionism based upon the work of Berger and Luckmann. The conclusion of this study was that the provision other circumstance in the home is connected to the role of the mother though this is not noticed through the legislation. Another conclusion was that the practice considers the legal demand to anticipate as unattainable. The interpretation and application of the provision made by the practice, compared with the intention of the legislation, was representing both an expand and restriction of the provision.
Place, publisher, year, edition, pages
2009. , 42 p.
The Care of Young Persons Act (1990:52), other circumstance in the home, jurisprudential, method of discourse analysis, social constructionism
Lag (1990:52) med särskilda bestämmelser om vård av unga, annat förhållande i hemmet, rättsvetenskap, diskursanalytisk metod, socialkonstruktivism
IdentifiersURN: urn:nbn:se:su:diva-26136OAI: oai:DiVA.org:su-26136DiVA: diva2:202544
Kjellbom, Pia , Universitetsadjunkt
Öhlund , Thomas , Universitetslektor