(Re)possessing the Ownership of “Justice” from Formal Legality and the Rule of Law: Undoing a Betrayal of Innocence through Stabilized Abstract Spaces. Tempura Mutantur, nos et Mutamur in Illis?
Abstract: Are we as a society (global, national or local) incomplete if we do not adhere to the substantial truths to be gained by alignment with the western democratic notion of the rule of law? Is the notion of the rule designed with the built in paradox that the rule of law will itself become the basis for future designs of society, defining where we are, where we want to be and even in time, possibly (re)defining where we have come from? In raising questions and challenging current and historical discourse on the notion of the rule of law, this thesis seeks to theoretically identify tensions and contradictions in our existence through a blind acceptance of the power of the rule of law. Law making and legal reform indicates where (socio-politically) a society wants to be but the application of those laws and the resulting case law indicates where we are (actual) as result of where we have come from – related to the resilience within the legal system to change. This thesis examines the way the Swedish legal system (the courts) have applied the sexual crimes law(s) and recent case law. Are these indicators of legal justice but social injustice? Despite these new laws, it appears that the legal system cannot guarantee the rights of children as securely as the system can guarantee the rights of those accused of violating children’s rights.
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