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Mathilda Tarandi…
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On İki Levha Yayıncılık
Yayın tarihi: Aralık 2023
Sayfa: 483 - 502
On İki Levha Yayıncılık
Yayın tarihi: Aralık 2023
Sayfa: 483 - 502
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Mathilda Tarandi
Editör:Cihan Osmanağaoğlu-Karahasanoğlu, Fethi Gedikli
Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel + pakete abone olan üyelerimiz erişebilir.
Sayfa 483
Sayfa 501
(Gerçek Bir Suçlu Değil Mi? Erken 20. Yüzyıl İsveç’inde Kadın Mücrim ve Kürtaj Suçu…
Abstract…
For centuries, abortion was a crime in Sweden. The act was decriminalised in 1975…
Keywords: abortion, women in law, gender, decriminalisation, criminal law, responsibility, exemption from punishment, defences, Swedish legal history…
Introduction…
Until January 1975, when abortion was formally decriminalised in Sweden, the principle…
I analyse the argumentation in a legislative proposal put forth to the Swedish parliament…
Formally, the bill studied in this paper dealt with the penalty scale. A lower scale…
In the text, terms such as ‘woman’ or ‘the female party’ are used, both when discussing…
The legislation and context…
As mentioned above, the principal rule expressed in the penal provision had remained…
Laws are applied with notions of what human beings are and should be. Beliefs about…
In the 1860s, the death sentence was removed from the provision and replaced with…
Just a few years before the bill was passed in 1921, Sweden had become a democracy.…
The 1921 bill and discussions in parliament…
On the bill and its process…
A committee of inquiry, consisting of experts, was appointed. The committee was tasked…
The committee of inquiry and its motives…
As mentioned above, the bill concerned the penal provision governing the crime of…
The committee discussed situations when exemption from punishment should be practised,…
The debates in parliament…
The discussions in parliament mostly revolved around the reduction of the penalty…
The members of parliament in favour argued using an ideal or archetype(28):…
To sum up, it was argued that women sought abortion of the basis of love for the…
The other strand seems to have refused this naturalised concept but agreed that motherhood was a woman’s destiny. In comparison to infanticide, where the act was committed under a mental condition connected to the delivery(39),…
In the name of general prevention, concerns for a desperate situation or poverty…
The first axis: defences…
“Liability presupposes responsibility”(50): one can only be held liable for that which one is responsible. But one can admit responsibility and at the same time offer an explanation, e.g. a defence.…
Before the express recognition of any legal grounds for abortion, the necessity defence…
What today is considered a defence was at the time described as collisions or conflicts of interest, when…
At this time, being born a woman came with an obligation: to give birth – even if…
In the late 1930s, the established defences were ‘translated’, or rather transferred…
The second axis: the responsible subject and ideas about the criminal personalit…
The other aspect involves the changing notions of the criminal, expressed through…
At the time, the sociological school was gaining ground in Swedish criminal law,…
Essentially, the school sought the source of criminality and tried to explain the…
This school of thought had roots in the Italian doctor Cesare Lombroso’s writings.…
This way of reasoning was present in 1920s Sweden. The language used by the members…
Historically, responsibility was based on an assumed character.(64)…
Conclusion…
Criminal responsibility is a practice of attribution specific to criminal law, but…
Bibliography…
Antell, Herman, Om dråpsbrotten 3: Fosterfördrifningsbrottet, Lund, 1895
Aspelin, Erland, ’Straffets grunder – historisk bakgrund’, Svensk Juristtidning, 1999, pp. 108–131
Bell, John ‘Path Dependence and Legal Development’,Tulane Law Review, Vol. 87, No. 4, March 2013, pp. 787–810
Bergenlöv, Eva, Skuld och oskuld: barnamord och barnkvävning i rättslig diskurs och praxis omkring 1680–1800, Lund, 2004
Bennet, Tova, Straffansvar vid atypiska sinnestillstånd, Stockholm, 2020
Duff, R A, Responsibility and Liability in Criminal Law, in: The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy, Kramer, Matthew H. and others (eds.), Oxford, 2008 (online edn.)
Edgren, Monica, ‘Makt, sexualitet och våld. Lagen, rätten och det sociala livet genom ett våldtäktsmål i Helsingborgs kämnärsrätt 1821’, Scandia: Tidskrift för historisk forskning, Vol. 63, No. 2, 1997, pp. 227–257
Elgán, Elisabeth, Genus och politik. En jämförelse mellan svensk och fransk abort- och preventivmedelspolitik från sekelskiftet till andra världskriget, Uppsala, 1994
