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Förrättsligande. En studie av rättens risker och möjligheter med fokus på patientens ställning.

På svenska

Author

Summary, in English

The aim of the present doctoral thesis is to study and conceptualize juridification as a phenomenon. This aim comprises analyzing the theories through which juridification as an empirical development is interpreted. In this thesis juridification signifies displacements towards legal discourse. Juridification comes about when an issue that was previously dealt with within a cultural, ethical, political, economical, or some other kind of discourse, begins to be, or to be more clearly or more often, treated as a legal matter. Juridification implies that discussions in some area of social life or discussions about a particular issue become, or become more often or more clearly, conducted through legal arguments and counter-arguments. In this thesis juridification also designates two processes that are closely related to displacements towards legal discourse. Through the first process a statute addresses a situation or an aspect of social life that was formerly not touched upon by laws or other statutes. Through the second a situation or an aspect of social life, which was previously not an object of judicial judgment or decision-making, becomes such an object. In order to make the phenomenon of juridification tangible the thesis works with a case of juridification, namely the juridification of the position of the patient in publicly financed healthcare.

Department/s

Publishing year

2009

Language

English

Document type

Dissertation

Publisher

Bokbox förlag

Topic

  • Law

Keywords

  • law in the field of health care
  • patients’ rights
  • the legal position of the patient
  • Weber
  • Habermas
  • Foucault
  • conceptions of law
  • ethical and political approaches
  • legal approaches
  • judicial supremacy
  • regulation through legal norms
  • constitutional norms
  • Rancière
  • law and politics
  • emancipatory politics
  • political discourse
  • legal discourse
  • judicialization
  • juridification

Status

Published

Supervisor

ISBN/ISSN/Other

  • ISBN: 978-91-86980-48-1

Defence date

25 September 2009

Defence time

10:15

Defence place

Pufendorfsalen, Juridiska institutionen (Tryckeriet), Lilla Gråbrödersgatan 3 C, Lund

Opponent

  • Kaarlo Tuori (Professor)