Rätt, norm och tillämpning : En studie av normativa mönster vid beslut enligt LSS på tre arenor
Law, Norms and the Rule of Welfare Law : A study of Normative Patterns on Three Authority Arenas
Author
Summary, in English
The focus of this study is on the application of the Swedish Act concerning Support and Service for Persons with Certain Functional Impairments (LSS), and the gap between law in books and law in action.
The methodology of the thesis involves empirical studies founded in social science theory. The study involves three arenas of public authorities with parallel norm creating processes, represented by Swedish municipalities, the Swedish Social Insurance Agency and regional Administrative Courts.
The LSS allows for an interpretation with regard to individual circumstances in individual cases and the authorities have a high degree of discretion (margin of appreciation) in their decision-making process. My point of departure is that this discretion is fundamental and necessary to achieve the legislative intent in each individual case. The empirical studies show that institutional norms and local guidelines frequently are used by the authorities, often in conflict with legal methods and norms, thereby affecting the margin of appreciation in the decision-making process.
A conclusion is that there is a gap between the political objective of LSS and the application of the legislation. The different arenas use different methods and have different institutional norms that affect the application of LSS in each arena.
The methodology of the thesis involves empirical studies founded in social science theory. The study involves three arenas of public authorities with parallel norm creating processes, represented by Swedish municipalities, the Swedish Social Insurance Agency and regional Administrative Courts.
The LSS allows for an interpretation with regard to individual circumstances in individual cases and the authorities have a high degree of discretion (margin of appreciation) in their decision-making process. My point of departure is that this discretion is fundamental and necessary to achieve the legislative intent in each individual case. The empirical studies show that institutional norms and local guidelines frequently are used by the authorities, often in conflict with legal methods and norms, thereby affecting the margin of appreciation in the decision-making process.
A conclusion is that there is a gap between the political objective of LSS and the application of the legislation. The different arenas use different methods and have different institutional norms that affect the application of LSS in each arena.
Department/s
Publishing year
2014
Language
Swedish
Publication/Series
Lund Studies in Sociology of Law
Volume
44
Full text
Document type
Dissertation
Publisher
Lund University
Topic
- Law and Society
Keywords
- Institutional norms
- Discretion
- Law in action
- Legal norms
- LSS
- Sociology of Law
- Social and welfare law
- rättsliga normer
- välfärdsrätt
- Rättssociologi
- rättstillämpning
- diskretionär prövning
- interna styrdokument
- normer
Status
Published
Project
- Rätt, norm och tillämpning. En studie av normativa mönster vid beslut enligt LSS på tre arenor
Supervisor
ISBN/ISSN/Other
- ISSN: 1403-7246
- ISBN: 978-91-7473-931-2
Defence date
2 June 2014
Defence time
13:15
Defence place
Spoletorps hörsal, Spolegatan 1 R, Lund
Opponent
- Bettina Lemann Kristiansen (Professor)