Sweden is, according to its constitution, a state governed by law. The rule of law is upheld by the correct application of specific sources of law, consisting exclusively of legislation and its legislative history, court practise, established practise and the literature of jurisprudence. The non-regard for all other kinds of arguments, such as, for example, subjective justice in the matter at hand, ensures that formal justice is maintained. The outcome of two similar cases must result in the same ruling regardless of the person presiding. However, the courts are not the only place where the rule of law must be respected. In state and municipal administrations, legal decisions concerning individuals are made every day. Oftentimes administration officers are the first instance of adjudication. To achieve the same level of legality, administration officers must apply the same sources of law as do law graduates, but without any education in law. In this thesis, the method of legal problem solving that is practised by administration officers is studied, as well as the historical development of the profession of administration officers. Three representatives were interviewed about the scope of the method used in specific cases. The results showed that the methods clearly differed from the method of law graduates, in part due to organisational, economic and educational differences, and that the historical legacy is still very present in the administrative work.

臺灣位於東亞，不論由其人口結構及歷史背景，臺灣的法律制度即以傳統中國法律制度為主體，並內化於臺灣人民生活之中。然自十九世紀末以來，臺灣之法律制度由殖民之日本政府及後來之中華民國政府強勢引進近代西方之法律制度，臺灣的法律制度亦逐漸由傳統中國法律制度改以近代西方法律制度所取代 。然傳統東亞的法律觀向來將法律視為統治之工具，而人民亦將法律視為遵守之準則，至於法律本身之意涵或精神似乎即無人關心，臺灣雖引進近代西方法律制度，然即有上該之問題。另外近代西方法律制度與本土的傳統中國法律制度有極大之差距，導致形式之法律與內化之法文化有極大之落差，則如何將形式之法律落實於生活及內化於臺灣人民心中，在臺灣即為不容忽視之一重要問題。又臺灣自西元1987年解除戒嚴以來，不論於政治、社會或教育之環境，均產生劇烈之變化，簡而言之即政府對人民之箝制愈來愈寬鬆，政治朝向民主化。但民主社會下，臺灣社會卻讓人有紊亂、淺層民主之疑惑，許多人即發現問題似乎在於所謂民主基石之法治在臺灣尚未落實，而法治社會建立之急切性亦足顯示法治教育之重要性。 然臺灣之官方法治教育於解嚴後，似乎並沒有真正跟上其民主之進程，理論與實際操作之落差，亦衍生臺灣法治教育之現場問題叢生，官方或將法治教育簡略為所謂之犯罪預防教育或法條背誦教育。民間團體之領導人，此包括法律界、家長甚至第一線教學現場之教師，亦逐漸發現此中重要之問題，而積極向美日等國取經，希冀從外國之經驗，改變臺灣法治教育之現狀。本研究試圖從臺灣法制文化背景、解嚴後臺灣大環境之變化分析中，以釐清法治教育對臺灣之重要性；並從解嚴後臺灣法治教育不論由官方或民間之變革中，透過文獻探討、比較分析及深度訪談之方式，提出有關臺灣法治教育現況問題之所在、應變革之方向及建議，以期對臺灣法治教育的未來有些許之助益，並衷心期待二十一世紀之臺灣擁有健全的公民社會，並成為一個真正民主法治的國家。

<p>The purpose of this essay was to examine municipal guidelines regarding the administration of the social assistance, collected from 18 municipalities in the Stockholm-area to achieve a greater understanding on how they were constructed in respect to the legislation and how the language mediated their contents. The legal aspects of the social assistance was studied through a jurisprudential method in which the legislative history, texts of laws and case laws were examined. The empirical aspect of this essay was studied through a hermeneutical method and analyzed through theories of social constructionism and legal pluralism. The results from the jurisprudential study were also used to understand how the municipal guidelines were constructed in relation to the law. The results of this essay corresponded well with previous studies in this field where considerable divergences in the approval of social assistance have been established. The guidelines allow a local adjustment of the social work stated in the Social service act, on the basis of local priorities and conditions. Our findings showed that the guidelines related to the law in varying degrees, to some extent depending on the stringency of the language used in them. We found expressions that were sometimes vague, normative and restrictive regarding the approval of social assistance. The results were discussed in respect to rule of law and the legal content of the guidelines.</p>

<p>This essay deals with the social services cooperation with the private sector relating to foster care. The aim was to examine whether and what the causes may be that the social service transfer tasks of authority to private actors. Furthermore, we have examined and discussed if such a working procedure can lead to consequences for the individual child and how / if the children's legal security is affected. Survey methodology is qualitative in nature where we conducted semi-structured interviews with three persons who work in different ways to be involved in work with a foster family. We have also made use of questionnaires sent to social workers around the country.</p><p>The result has been interpreted on the basis inter alia, legal texts, legislative history, and two theories which have their origin in organization theory. Our results show that some municipalities do not feel that they have the resources to investigate the family. Furthermore, it appears that the cooperation of the social services have with the private sectors has declined, perhaps because of clearer legislation of 2008, or because of the sharp criticism that they received from the provincial government. Our study also shows that some municipalities still leaves management tasks to the private sector, without legal basis. Since there is no control over who is inquiring the family a result of this can be that a child is growing up in unsuitable environments, which in itself can affect the rule of law.</p>

The purpose of this essay was to examine municipal guidelines regarding the administration of the social assistance, collected from 18 municipalities in the Stockholm-area to achieve a greater understanding on how they were constructed in respect to the legislation and how the language mediated their contents. The legal aspects of the social assistance was studied through a jurisprudential method in which the legislative history, texts of laws and case laws were examined. The empirical aspect of this essay was studied through a hermeneutical method and analyzed through theories of social constructionism and legal pluralism. The results from the jurisprudential study were also used to understand how the municipal guidelines were constructed in relation to the law. The results of this essay corresponded well with previous studies in this field where considerable divergences in the approval of social assistance have been established. The guidelines allow a local adjustment of the social work stated in the Social service act, on the basis of local priorities and conditions. Our findings showed that the guidelines related to the law in varying degrees, to some extent depending on the stringency of the language used in them. We found expressions that were sometimes vague, normative and restrictive regarding the approval of social assistance. The results were discussed in respect to rule of law and the legal content of the guidelines.

This essay deals with the social services cooperation with the private sector relating to foster care. The aim was to examine whether and what the causes may be that the social service transfer tasks of authority to private actors. Furthermore, we have examined and discussed if such a working procedure can lead to consequences for the individual child and how / if the children's legal security is affected. Survey methodology is qualitative in nature where we conducted semi-structured interviews with three persons who work in different ways to be involved in work with a foster family. We have also made use of questionnaires sent to social workers around the country. The result has been interpreted on the basis inter alia, legal texts, legislative history, and two theories which have their origin in organization theory. Our results show that some municipalities do not feel that they have the resources to investigate the family. Furthermore, it appears that the cooperation of the social services have with the private sectors has declined, perhaps because of clearer legislation of 2008, or because of the sharp criticism that they received from the provincial government. Our study also shows that some municipalities still leaves management tasks to the private sector, without legal basis. Since there is no control over who is inquiring the family a result of this can be that a child is growing up in unsuitable environments, which in itself can affect the rule of law.

University of Macau / Faculty of Law

In 1966, the High Court of Uganda legitimised the new nation's first coup d'etat. After two decades of civil war, Ugandans enacted their first popular constitution in 1995. However, the judiciary's dominant positivist ideology, Matovu's ghost, still haunts the new legal order. The author sets out this ideology's presumptions and then critiques them against an alternative, pluralist map of laws in Uganda. / The constructive analysis of recent case law (or lack thereof) that follows shows how this ideology undermines the constitution's promises of equality and freedom. This pluralist methodology is also essential to explain contemporary crises like the Lord's Resistance Army, arms proliferation in Karamoja and Museveni's "no-party" rule. In conclusion, exorcising Matovu's ghost is a priority for Ugandans and the process deserves considered thought for legal scholars advocating the "rule of law" or interventions by the International Criminal Court.

This thesis situates the ongoing changes to pension schemes in China within the macro legal and economic conditions in that country, and contextualizes these changes in light of international influences, particularly the influence of the World Bank. Drawing on such contextualization, this thesis explores a number of related factors, including the rule of law, economic development and pension reform strategy in order to understand both the need for and flaws in pension reform in China during the past three decades. This thesis argues that the pension system has mirrored China’s economic reforms. The marketization process that began in the late 1970s impelled China to make fundamental pension reforms. The fact that China has not yet achieved the rule of law further complicates the pension reform process. This thesis concludes that the pension reforms that have been inspired by the World Bank pension model have not been ideal reform choices for China; however, several steps on the way to fundamental reform are suggested as being worth trying in China’s current economic and legal climate.

The rise of neoliberalism in the 1970s played an important role in renewing interest in the role which the rule of law could have in fostering free markets and economic growth in the developing world. One prominent participant in this neoliberal movement, which might be termed the Project for Markets, was Hernando de Soto, a Peruvian businessman who championed the extension of formal property rights as a solution to the developing world’s ills. In so doing de Soto became an international celebrity venerated by global leaders who welcomed a straight-forward free market solution to complex developmental issues. This thesis explores how de Soto’s work on property formalization in the last three decades both reflected the core assumptions of the Project for Markets as well as many of its short-comings. To do this I will rely on a case study of Cairo, a city central to de Soto’s work, to argue that de Soto ignores both the variable ways in which property rights can function “on the ground” as well as the extent to which there is rarely a technical “quick-fix” for serious problems in a nation’s political economy.