Increasing use is being made of various types of scientific evidence in court. The general requirement for the admissibility of such evidence is relevance. Although expert evidence is considered to be opinion evidence, it is admissible if it can assist the court to decide a fact in issue; provided that it is also reliable. In South Africa, the initial wide judicial discretion to either admit or exclude unconstitutionally obtained evidence, has developed into a more narrowly defined discretion under the final Constitution. Examples of scientific evidence, namely, DNA evidence, fingerprints, psychiatric evidence, bite-mark evidence and polygraph evidence are considered and problems inherent in the presentation of such evidence in courts in various jurisdictions are highlighted. An investigation of the presentation and evaluation of evidence in both the accusatorial and inquisitorial systems seems to indicate that the adversarial procedure has a marked influence on the evaluation of evidence / Criminal and Procedural Law / LL.M. (Law)

Standardisation of professional work is a major policy concern to ensure quality and efficiency of services and a number of hospitals are now focusing on the use of clinical pathways as an important tool to standardise their work. This study sheds light on the processes set in motion when notions of standardisation meet local practice. In order to gain insight into what clinical pathways mean for professional work in mental health care, the focus of the study was to explore the contexts in which standardisation by “rule production” takes place. Two empirical cases from Norwegian mental health care show how dedicated professionals are in charge of carrying out the standardisation work, strongly influenced by a steering framework of defined governmental policies where employee involvement and responsibility ensured loyalty to the idea.  Along with a “package” of ideas, new bodies and techniques, clinical pathways contribute to the institutionalisation of prima facie knowledge in demonstrating that evidence basing is linked to steering and control of employees. Thus, professional autonomy is threatened in an insidious way: through the institutionalisation of evidence-based knowledge as ‘prima facie’ knowledge in combination with professionals who standardise and control their own work. The thesis therefore concludes that the control of professional work has now become a complex and sophisticated process where professional work is “controlled by knowledge”.

No description available.

Nello studio si approfondisce il rapporto tra due realtà: l’una giuridica, il consenso matrimoniale, e l’altra appartenente all’ambito del fatto, la condotta pre e para suicidaria. La necessità concreta è stata comprendere in modo univoco l’interazione tra la libertà del consenso – quale dimensione fondamentale affinché questo possa dispiegare effetti giuridici – ed alcune condotte poste in essere da uno dei due nubenti o da terzi, così da valutare come queste possano incidere sulla validità dell’atto. Si sono considerati due capi di nullità – il metus ed il gravis defectus discretionis iudicii – che dottrina e giurisprudenza considerano quelli che coinvolgono la facoltà volitiva, approfondendo nella prima parte il rapporto tra le condotte di fatto e la libertà esterna mentre nella seconda in merito alla libertà interna. Il metodo è stato quello di analisi della giurisprudenza quale fonte che permette sia di interpretare la norma sia di precisarne ed incarnarne le fattispecie. Conclusione è che le condotte pre e para suicidarie non possano inserirsi tra le circostanze che rendono manifesta la nullità del matrimonio in relazione alla libertà del consenso, infatti non è possibile sostenerne il valore presuntivo ma è necessario, volta per volta, confrontarle con gli altri fatti riportati nelle tavole processuali. / The study examines the relationship between two realities: one legal, marriage consent, and the other belonging to the context of the fact, pre and para suicidal conduct. The concrete need was to understand in a univocal way the interaction between the freedom of consent - as a fundamental dimension for this to have legal effects - and some behaviors put in place by one of the two engaged or by third parties, so as to evaluate how these can affect on the validity of the deed. Two heads of nullity have been considered - the Grave fear and the Lake of discretion of judgment - which doctrine and jurisprudence consider those that involve the willful faculty, deepening in the first part the relationship between conduct and external freedom while in the second on the internal freedom. The method was to analyze the jurisprudence as a source that allows both to interpret the law and to specify and embody the cases in point. The conclusion is that the pre- and para-suicidal behaviors cannot be inserted among the circumstances that make the nullity of the marriage manifest in relation to the freedom of consent, in fact it is not possible to support the presumptive value but it is necessary, every time, to compare them with the other facts. reported in the procedural tables.

Prior to the introduction of section 37C into the Pension Funds Act. 24 of 1956, the benefit payable as a result of the death of a member would devolve in accordance with his last will and testament or the provisions of intestate succession. The advent of section 37C brought a statutory regime which expressly excludes freedom of testation and rather looks to the board of a fund to distribute the death benefit. The board may only pay the dependants of a deceased (either factual or legal) or the persons he has recorded on his nomination form. The section relies on the board to exercise its discretion in a manner which results in an equitable distribution of the death benefit notwithstanding that it does not provide any guidelines as to how this is to be achieved. Accordingly, numerous decisions are challenged by the identified beneficiaries because they are unhappy with the manner in which the board exercised its discretion. This results in complaints being lodged with the Pension Funds Adjudicator. Many such complaints should never have arisen or could have been easily solved by a proper exercise of discretion on the part of the board. The problem is that these complaints are adding to an already burdened office. Adequate training and understanding of the obligations of section 37C would probably result in fewer complaints to the Adjudicator. This dissertation examines whether the determinations which have been issued by the Adjudicator in respect of section 37C indicate a need for such training and understanding and, if they do, what possible remedies there might be to cure such a problem. Recommendations arising from this are that trustees must receive training focused on section 37C and proposed practical protocols to assist a board when exercising its duty to make an equitable distribution. / Jurisprudence / LL. M.

Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...

In cases where children and youths are in need of support from various activities in order to have their needs met, authorities shall collaborate towards the common goal: the child’s best interests. The concept lacks an unambiguous definition and professionals should make decisions adjusted to the child’s individual needs. Within the Mobile team, which is an interprofessional form of collaboration between the school and social services, the different professional groups could be characterized by different perspectives. This may lead to different interpretations which can pose a challenge to agree on a joint decision for the child’s best interests. The study is based on a qualitative approach through semi-structured interviews with six professionals within a mobile team. The theories used to analyze the empirical material is collaboration theory and theory about discretion in decision making. Several noteworthy results were find. The mobile team work early and preventive both generally and with more concrete interventions for the child’s best interests. The work within collaboration can be divided into resourse-, information- and knowledge exchange which creates the opportunity to get at better overall picture of the child. Further, to work for the child’s best interests the mobile team focuses on school, spare time and family, as different areas that are important for the child. Their approach is also characterized by understanding and supporting individual needs. Finally, there are factors that need to be considered to fulfil a successful collaboration. For example, the professionals must be aware of each other’s duties, roles, activities and regulatory systems.

Syftet med denna studie har varit att undersöka om biståndshandläggares arbete inom äldreomsorgen har förändrats i samband med utskrivningsprocessen från sjukhus mot bakgrund av den nya lag som tillkom januari 2018, lag (2017:612) om samverkan vid utskrivning från sluten hälso- och sjukvård. Vi har velat synliggöra vilka förändringar av arbetet som skett i och med att lagändringen trädde i kraft, vad dessa i praktiken inneburit för biståndshandläggarna i arbete med äldre samt undersöka vad de upplever sig behöva för hanteringen av detta. Studien har en kvalitativ ansats och det empiriska materialet består av totalt åtta intervjuer med yrkesverksamma socionomer inom biståndshandläggning äldreomsorgen vid en stadsdelsförvaltning belägen i Stockholms kommun. Det insamlade materialet har analyserats genom användningen av en perspektivanalys och analysschema av Håkan Jönson. Vidare har vi analyserat våra resultat utifrån Michael Lipskys teori om gräsrotsbyråkrater och även använt oss av teoretiska begrepp som handlingsutrymme och makt. Resultatet av studien visar att det finns flera bakomliggande faktorer som påverkar biståndshandläggarnas upplevelser av sin yrkesroll utifrån den nya lagändringen, en har medfört ett förändrat arbetssätt och bland annat ställt krav på en högre grad av effektivisering i deras arbete. Respondenterna uttrycker att arbetssättet blivit mer akutstyrt, kravfyllt och de har svårigheter att förfoga över sin egen arbetstid vilket leder till att utskrivningar prioriteras framför hembesök och uppföljningar som därmed skjuts upp. Vidare framgår att det har blivit en sämre kvalité i arbetet då biståndshandläggarna pressas till att arbeta bakvänt i handläggningen till följd av bristande och uteblivna ADL-bedömningar (aktiviteter i det dagliga livet) från vårdens sida och de förkortade handläggningsdagarna i samband med utskrivningsprocessen. Biståndshandläggarna påverkas av stress i arbetet då tempot avsevärt har ökat vilket kan leda till felaktigheter i handläggningen och i förlängningen en känsla av otrygghet och rättsosäkerhet för den äldre. / The purpose of this study has been to investigate how the work of care managers has changed in connection with the discharge process from hospital against the background of the new law that was added in January 2018, Law (2017:612) on collaboration during discharge from inpatient health care. We wanted to make visible the changes to the work that took place as a result of the change in law coming into force, what these meant in practice for the care managers, and to examine what they feel they need to handle this. The study has a qualitative approach and the empirical material consists of a total of eight interviews with professional care manager in the field of elderly care assistance at a district administration located in Stockholm municipality. The collected material has been analyzed through the use of a perspective analysis and analysis scheme by Håkan Jönson. Furthermore, we have analyzed our results based on Michael Lipsky's theory of the street-level bureaucrats and also used theoretical concepts such as discretion and power. The results of the study show that there are several underlying factors that affect the care managers experiences of their professional role based on the new law change, one has brought about a changed way of working and, among other things, set demands for a higher degree of efficiency in their work. The respondents express that the way of working has become more urgent, full of demands and they have difficulties managing their own working hours, which leads to discharges being prioritized over home visits and follow-ups, which are therefore postponed. Furthermore, it appears that there has been a lower quality in the work as the care managers are pressured to work backwards in the processing as a result of insufficient and absent ADL assessments (activities in daily life) from the care side and the shortened processing days in connection with the discharge process. The care managers are affected by stress at work as the pace has increased significantly, which can lead to errors in the processing and, by extension, a feeling of insecurity and legal uncertainty for the elderly.

This is a qualitative study based on interviews with unit managers working by the entitlement law LSS, Act concerning Support and Service for Persons with Certain Functional Impairments. The purpose of this study is to get an understanding of how unit managers in the LSS area perceive, work with and have experience of user influence in their organizations. The implementation of previous research makes an easier understanding of what the professional role means for both the organization and the user of welfare services. The main result of the study shows that the unit managers have a significant role for the user influence and that user influence needs further development in their organizations. Unit managers work to equalize social differences and compensate for the user's care needs. User influence is therefore needed for users to be able to become as independent as possible.  The unit manager works according to organizational conditions and creates strategies while using their professional discretion. Which promotes participation and self-determination for the user and their way of life. The result fills a knowledge gap regarding the unit manager's professional role and work for and with user influence in practice within the law of LSS. The study's theoretical approach is based on the theories of human-treating organizations, social citizenship and a model that explains society views different levels of disability and the user's personal autonomy.

Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...