Swedish Legal Scholarship Concerning Protection of Vulnerable Groups: Therapeutic and Proactive Dimensions

International Journal of Law and Psychiatry, 2010

8 Pages Posted: 21 Oct 2010

See all articles by Moa Kindström Dahlin

Moa Kindström Dahlin

Stockholm University

Pernilla Leviner

Stockholm University - Faculty of Law

Anna Kaldal

Stockholm University - Faculty of Law

Clara Hellner Gumpert

Karolinska Institutet

Date Written: October 19, 2010

Abstract

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.

Keywords: Therapeutic Jurisprudence, Proactive Law, Sweden, Child Protection, Mental Health Law

JEL Classification: K19, K39. D63

Suggested Citation

Dahlin, Moa Kindström and Leviner, Pernilla and Kaldal, Anna and Gumpert, Clara Hellner, Swedish Legal Scholarship Concerning Protection of Vulnerable Groups: Therapeutic and Proactive Dimensions (October 19, 2010). International Journal of Law and Psychiatry, 2010, Available at SSRN: https://ssrn.com/abstract=1694703

Moa Kindström Dahlin (Contact Author)

Stockholm University ( email )

Universitetsvägen 10
Stockholm, Stockholm SE-106 91
Sweden

Pernilla Leviner

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden

Anna Kaldal

Stockholm University - Faculty of Law

S-106 91 Stockholm
SWEDEN

Clara Hellner Gumpert

Karolinska Institutet ( email )

Granits väg 4
Section for Integrative Physiology
Solna, Stockholm 17171
Sweden

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