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Åström, Karsten
Publications (5 of 5) Show all publications
Friis, E. & Åström, K. (2017). Expert Knowledge as a Condition of the Rhetorical Situation in Criminal Cases. Oslo Law Review, 4(1), 28-47
Open this publication in new window or tab >>Expert Knowledge as a Condition of the Rhetorical Situation in Criminal Cases
2017 (English)In: Oslo Law Review, E-ISSN 2387-3299, Vol. 4, no 1, p. 28-47Article in journal (Refereed) Published
Abstract [en]

This article focuses on the use of expert knowledge as a basis for legal decisions in serious criminal cases. Using a model that describes rhetorical situations, as well as empirical material based on 150 court decisions, the aim is to analyse the conditions surrounding the use of expert evidence in criminal law processes, to what extent and by whom such evidence is used, and how it affects the outcome of the cases. The rhetorical situation in criminal cases is reconstructed to include the exigence (urgent issue that requires addressing) and, thereby, the related discourse, in order to retrieve relevant conditions, which could be identified as evidentially favourable or unfavourable to the suspect and the prosecutor respectively. It is concluded that there is a theoretical imbalance between the parties to the benefit of the defendant. Empirically grounded analysis of the criminal cases shows, however, that the defendant’s theoretical advantage does not correspond to the actual situation in court. The results indicate that the defendant usually adopts a passive stance and therefore does not use favourable constraints effectively. The study also shows that the defendant’s chances of winning the case increase when they use written expert evidence and expert witnesses.

Place, publisher, year, edition, pages
Oslo, Norway: University of Oslo, 2017
Keywords
legal reasoning; expert knowledge; criminal law process; rhetorical situation; rhetorical constraints
National Category
Law and Society
Identifiers
urn:nbn:se:liu:diva-141955 (URN)10.18261/issn.2387-3299-2017-01-02 (DOI)
Funder
Swedish Research Council
Available from: 2017-10-15 Created: 2017-10-15 Last updated: 2018-05-14Bibliographically approved
Friis, E. & Åström, K. (2017). The use of court- and party-appointed experts in legal proceedings in Sweden: the judges experiences and attitudes. Oslo Law Review, 4(2), 63-81
Open this publication in new window or tab >>The use of court- and party-appointed experts in legal proceedings in Sweden: the judges experiences and attitudes
2017 (English)In: Oslo Law Review, E-ISSN 2387-3299, Vol. 4, no 2, p. 63-81Article in journal (Refereed) Published
Abstract [en]

This article focuses on the use of expert knowledge as a basis for legal decisions in serious criminal cases. Using a model that describes rhetorical situations, as well as empirical material based on 150 court decisions, the aim is to analyse the conditions surrounding the use of expert evidence in criminal law processes, to what extent and by whom such evidence is used, and how it affects the outcome of the cases. The rhetorical situation in criminal cases is reconstructed to include the exigence (urgent issue that requires addressing) and, thereby, the related discourse, in order to retrieve relevant conditions, which could be identified as evidentially favourable or unfavourable to the suspect and the prosecutor respectively. It is concluded that there is a theoretical imbalance between the parties to the benefit of the defendant. Empirically grounded analysis of the criminal cases shows, however, that the defendant’s theoretical advantage does not correspond to the actual situation in court. The results indicate that the defendant usually adopts a passive stance and therefore does not use favourable constraints effectively. The study also shows that the defendant’s chances of winning the case increase when they use written expert evidence and expert witnesses.

Place, publisher, year, edition, pages
Oslo, Norway: Universitetet i Oslo, 2017
Keywords
Legal reasoning; expert knowledge; criminal law process; rhetorical situation; rhetorical constraints
National Category
Law and Society
Identifiers
urn:nbn:se:liu:diva-141954 (URN)10.18261/issn.2387-3299-2017-02-01 (DOI)
Funder
Swedish Research Council
Available from: 2017-10-15 Created: 2017-10-15 Last updated: 2018-05-14Bibliographically approved
Bröchner, J., Åström, K. & Larsson, S. (2015). Intention in Hybrid Organizations: The Diffusion of the Business Metaphor in Swedish Laws. International Journal for the Semiotics of Law, 28(2), 371-386
Open this publication in new window or tab >>Intention in Hybrid Organizations: The Diffusion of the Business Metaphor in Swedish Laws
2015 (English)In: International Journal for the Semiotics of Law, ISSN 0952-8059, E-ISSN 1572-8722, Vol. 28, no 2, p. 371-386Article in journal (Refereed) Published
Abstract [en]

Recent studies of conceptual metaphors in a legal context have often dealt with the power of embodiment. However, the connotations of culturally originated metaphors could be different when they appear in laws and regulations. In particular, the role of metaphor when the legislator wishes to define intention in hybrid organizations is investigated here. The case studied is how a conceptual metaphor of ‘business’ manifesting itself in the Swedish simile adjective affärsmässig (businesslike) has spread over 40 years. ‘Business’ early on acquired connotations such as impartiality and methodical approach, and can be used metaphorically. Introduced in the regulation of public procurement, ‘businesslike’ was later used to regulate conflicts of interest, restrict state aid and also entered tax legislation. Analysis of Swedish court decisions where ‘businesslike’ occurs shows how the emphasis has shifted from public sector efficiency to neo-liberal principles of competition, while stronger social norms related to environmental effects have led to the term being removed from the Public Procurement Act. Elements of a mixed jurisdiction arise from reliance on EU case-law, and national use of ambiguous cultural metaphors in legal texts and court decisions is a plausible response.

Place, publisher, year, edition, pages
Springer Netherlands, 2015
Keywords
Legal metaphor, Business, Sweden, Appeal cases
National Category
Law and Society
Identifiers
urn:nbn:se:liu:diva-107722 (URN)10.1007/s11196-013-9343-8 (DOI)
Available from: 2014-06-19 Created: 2014-06-19 Last updated: 2017-10-15
Åström, K. (2013). Parallel norm creating processes (1ed.). In: Matthias Baier (Ed.), Social and Legal Norms: Towards a Socio-legal Understanding of Normativity. Farnham: Ashgate
Open this publication in new window or tab >>Parallel norm creating processes
2013 (English)In: Social and Legal Norms: Towards a Socio-legal Understanding of Normativity / [ed] Matthias Baier, Farnham: Ashgate, 2013, 1Chapter in book (Other academic)
Place, publisher, year, edition, pages
Farnham: Ashgate, 2013 Edition: 1
National Category
Law and Society
Identifiers
urn:nbn:se:liu:diva-107719 (URN)978-1-4094-5343-7 (ISBN)
Available from: 2014-06-19 Created: 2014-06-19 Last updated: 2014-08-12
Svensson, K. & Åström, K. (2013). The Field of Social Regulation: How the State Creates a Profession. Professions & Professionalism, 3(2)
Open this publication in new window or tab >>The Field of Social Regulation: How the State Creates a Profession
2013 (English)In: Professions & Professionalism, ISSN 1893-1049, E-ISSN 1893-1049, Vol. 3, no 2Article in journal (Refereed) Published
Abstract [en]

This article describes the process of professionalisation in the field of social control in Sweden. The aim is to analyse how the state by legislation created the profession of social workers for local social services and thus for social control by public administration. We show how organisations for social work have developed and played an important role since the 19th century and that social investigation should be seen as a hub for the practice. The work now mediated though professional organisations was initially performed by volunteers. In the early 20th century, volunteers and employed social workers cooperated, where social investigation was a central task for social workers. In the 1960s and ‘70s, more social workers were educated, the importance of social investigation was highlighted, and volunteers became subordinated to paid social workers. The legal professions have throughout the process had a role in making decisions, but not in the performance of investigating or executing procedures.

Place, publisher, year, edition, pages
Oslo and Akershus University College, 2013
National Category
Social Work
Identifiers
urn:nbn:se:liu:diva-107724 (URN)10.7577/pp.557 (DOI)
Funder
Swedish Research Council
Available from: 2014-06-19 Created: 2014-06-19 Last updated: 2017-12-05Bibliographically approved
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