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I denna artikel diskuterar vi vad som avses med begreppet humanjuridik, dess innehåll och avgränsning och hur det i övrigt kan förstås. Syftet är att utveckla en teoretisk ram kring begreppet. Vår slutsats är att humanjuridiken inte betecknar något nytt rättsområde i traditionell mening, utan att det används som ett samlingsbegrepp för ett antal, inte enhetligt angivna, rättsområden som kännetecknas av en särskild problematik och som därför anses kräva annan kunskap än den strikt juridiska. Att jurister är i behov av annan kunskap än enbart juridisk sådan är en uppfattning som humanjuridiken delar med andra rättsfilosofiska strömningar. I den meningen representerar humanjuridiken inte heller någon ny kunskap. De perspektiv som dessa strömningar representerar kan ses som en reaktion på förändringar i samhället men väcker frågor om rättssäkerheten stärks eller försvagas genom dessa perspektiv, om vilken annan kompetens jurister behöver och om juristrollen i relation till andra professionsgrupper.

The aim of this article is to analyse the role of the legal representative in therapeutic law, specifically in Swedish administrative court hearings relating to compulsory care. Data are collected from three types of cases where a health or social welfare authority argues that it is necessary to apply coercion to a citizen: the Care of Young Persons (Special Provisions) Act, the Care of Alcohol and Drug Abusers (Special Provisions) Act and the Compulsory Psychiatric Care Act. The data consist of audio-recordings from 39 hearings, supplemented by 28 interviews with participants in these hearings, and court documents. Three primary roles of the legal representatives are identified: defender, spokesperson and therapist. We show how the primary role of the attorney becomes that of the spokesperson, but also that the role of the therapist takes precedence over that of the defender.

Voices in CourtIn the ongoing project: Therapist and adverse party- cour! hearings about coercive intervention, weanalyze the communication process in court hearingsconcerning cases where citizens are subjectedto coercive measures (compulsory care for psychiatricpatients and drug abusers, social authorities'interventions to separate children from theirparents). The primary purpose is to analyze thedilemma ofbalancing two seemingly incompatibleroles for chief psychiatrists and social workers: tobe "on the client's side" in clinical and social worksettings, while acting as a formal adverse party tothe client in the courtroom.

BACKGROUND: There is widespread consensus on the importance of safe and secure communication in healthcare, especially in trauma care where time is a limiting factor. Although non-verbal communication has an impact on communication between individuals, there is only limited knowledge of how trauma team leaders communicate. The purpose of this study was to investigate how trauma team members are positioned in the emergency room, and how leaders communicate in terms of gaze direction, vocal nuances, and gestures during trauma team training.

METHODS: Eighteen trauma teams were audio and video recorded during trauma team training in the emergency department of a hospital in northern Sweden. Quantitative content analysis was used to categorize the team members' positions and the leaders' non-verbal communication: gaze direction, vocal nuances, and gestures. The quantitative data were interpreted in relation to the specific context. Time sequences of the leaders' gaze direction, speech time, and gestures were identified separately and registered as time (seconds) and proportions (%) of the total training time.

RESULTS: The team leaders who gained control over the most important area in the emergency room, the "inner circle", positioned themselves as heads over the team, using gaze direction, gestures, vocal nuances, and verbal commands that solidified their verbal message. Changes in position required both attention and collaboration. Leaders who spoke in a hesitant voice, or were silent, expressed ambiguity in their non-verbal communication: and other team members took over the leader's tasks.

DISCUSSION:

In teams where the leader had control over the inner circle, the members seemed to have an awareness of each other's roles and tasks, knowing when in time and where in space these tasks needed to be executed. Deviations in the leaders' communication increased the ambiguity in the communication, which had consequences for the teamwork. Communication cannot be taken for granted; it needs to be practiced regularly just as technical skills need to be trained. Simulation training provides healthcare professionals the opportunity to put both verbal and non-verbal communication in focus, in order to improve patient safety.

CONCLUSIONS: Non-verbal communication plays a decisive role in the interaction between the trauma team members, and so both verbal and non-verbal communication should be in focus in trauma team training. This is even more important for inexperienced leaders, since vague non-verbal communication reinforces ambiguity and can lead to errors.

Introduction: The COVID-19 pandemic was a tremendous challenge to the practice of modern medicine. In this study, we use neo-institutional theory to gain an in-depth understanding of how physicians in Sweden narrate how they position themselves as physicians when practicing modern medicine during the first wave of the pandemic. At focus is medical logic, which integrates rules and routines based on medical evidence, practical experience, and patient perspectives in clinical decision-making.

Methods: To understand how physicians construct their versions of the pandemic and how it impacted the medical logic in which they practice, we analyzed the interviews from 28 physicians in Sweden by discursive psychology.

Results: The interpretative repertoires showed how COVID-19 created an experience of knowledge vacuum in medical logic and how physicians dealt with clinical patient dilemmas. They had to find unorthodox ways to rebuild a sense of medical evidence while still being responsible for clinical decision-making for patients with critical care needs.

Discussion: In the knowledge vacuum occurring during the first wave of COVID-19, physicians could not use their common medical knowledge nor rely on published evidence or their clinical judgment. They were thus challenged in their norm of being the “good doctor”. One practical implication of this research is that it provides a rich empirical account where physicians are allowed to mirror, make sense, and normalize their own individual and sometimes painful struggle to uphold the professional role and related medical responsibility in the early phases of the COVID-19 pandemic. It will be important to follow how the tremendous challenge of COVID-19 to medical logic plays out over time in the community of physicians. There are many dimensions to study, with sick leave, burnout, and attrition being some interesting areas.

Objectives: Investigate the use of call-out (CO) and closed-loop communication (CLC) during a simulated emergency situation, and its relation to profession, age, gender, ethnicity, years in profession, educational experience, work experience and leadership style.

Design: Exploratory study.

Setting: In situ simulator-based interdisciplinary team training using trauma cases at an emergency department.

Participants: The result was based on 16 trauma teams with a total of 96 participants. Each team consisted of two physicians, two registered nurses and two enrolled nurses, identical to a standard trauma team.

Results: The results in this study showed that the use of CO and CLC in trauma teams was limited, with an average of 20 CO and 2.8 CLC/team. Previous participation in trauma team training did not increase the frequency of use of CLC while ≥2 structured trauma courses correlated with increased use of CLC (risk ratio (RR) 3.17, CI 1.22 to 8.24). All professions in the trauma team were observed to initiate and terminate CLC (except for the enrolled nurse from the operation theatre). The frequency of team members’ use of CLC increased significantly with an egalitarian leadership style (RR 1.14, CI 1.04 to 1.26).

Conclusions: This study showed that despite focus on the importance of communication in terms of CO and CLC, the difficulty in achieving safe and reliable verbal communication within the interdisciplinary team remained. This finding indicates the need for validated training models combined with further implementation studies.

OBJECTIVES: To investigate the association between the time taken to make a decision to go to surgery and gender, ethnicity, years in profession, experience of trauma team training, experience of structured trauma courses and trauma in the trauma team, as well as use of closed-loop communication and leadership styles during trauma team training.

DESIGN: In situ trauma team training. The patient simulator was preprogrammed to represent a severely injured patient (injury severity score: 25) suffering from hypovolemia due to external trauma.

SETTING: An emergency room in an urban Scandinavian level one trauma centre.

PARTICIPANTS: A total of 96 participants were divided into 16 trauma teams. Each team consisted of six team members: one surgeon/emergency physician (designated team leader), one anaesthesiologist, one registered nurse anaesthetist, one registered nurse from the emergency department, one enrolled nurse from the emergency department and one enrolled nurse from the operating theatre.

PRIMARY OUTCOME: HRs with CIs (95% CI) for the time taken to make a decision to go to surgery was computed from a Cox proportional hazards model.

RESULTS: Three variables remained significant in the final model. Closed-loop communication initiated by the team leader increased the chance of a decision to go to surgery (HR: 3.88; CI 1.02 to 14.69). Only 8 of the 16 teams made the decision to go to surgery within the timeframe of the trauma team training. Conversely, call-outs and closed-loop communication initiated by the team members significantly decreased the chance of a decision to go to surgery, (HR: 0.82; CI 0.71 to 0.96, and HR: 0.23; CI 0.08 to 0.71, respectively).

CONCLUSIONS: Closed-loop communication initiated by the leader appears to be beneficial for teamwork. In contrast, a high number of call-outs and closed-loop communication initiated by team members might lead to a communication overload.

In this dissertation, I explore a quite unique legal situation, namely administrative court hearings relating to coercive interventions: the Care of Young Persons Act (LVU), Care of Abusers (Special Provisions) Act (LVM), and the Compulsory Psychiatric Care Act (LPT). There are three central participatory roles in the court hearings: The official party is the authority who files the application for coercive intervention – either a chief psychiatrist or a social welfare board (typically represented by a social worker or sometimes a lawyer assisted by a social worker), whereas the citizen party is the person about whom the application is brought. The citizen party is represented by a legal representative. The professionals represent two different logics: therapeutic and judicial.

The purpose of this dissertation has been to study the tension between therapeutic and judicial logic in court hearings relating to compulsory care. With theoretical concepts from Scott (1995) and Wetherell & Potter (1998), it is possible to say that the therapeutic and judicial logics are built up by institutional elements that are communicated through interpretative repertoires. Three questions are central:

1. How do professional participators handle the different role expectations embedded in therapeutic and judicial logic? In this case, I am particularly interested in role conflicts faced by social workers and psychiatrists.

2. How do different institutional elements (regulative, normative/cognitive) play out in the court hearings?

3. To what extent can these court hearings be considered a scrutinizing order of discourse, where the arguments of official party are subjected to critical examination?

In my analysis I am inspired by both critical discourse analysis and organizational theory, more precisely, new institutionalism. These two perspectives provide useful insights and make it possible to combine the micro- and macro levels in the analysis. Data for the analysis consist of 43 court hearings and 31 interviews, gathered from two different county administrative courts in Sweden. All written documents used and produced by the courts are also part of our data.

The dissertation consists of five studies that indicate that the court hearings hardly can be described as a scrutinising order of discourse. In spite of this, the court constantly finds that the legal criteria for coercive intervention are satisfied. Neither the official party nor the legal representative argue according to a judicial logic. Instead, therapeutic logic dominates the order of discourse. When the arguments for compulsory care are therapeutic, they are not explicitly related to the criteria in the law. In my interpretation, the reason why the conflict between therapeutic and judicial logic is not realised can be found in the existence of a logic of normalisation. This ideological logic of normalisation can be found in most of the institutions in the Swedish society and are built on the idea of traditional welfare norms.

Background: In emergency situations, it is important for the trauma team to efficiently communicate their observations and assessments. One common communication strategy is “closed-loop communication”, which can be described as a transmission model in which feedback is of great importance. The role of the leader is to create a shared goal in order to achieve consensus in the work for the safety of the patient. The purpose of this study was to analyze how formal leaders communicate knowledge, create consensus, and position themselves in relation to others in the team.

Methods: Sixteen trauma teams were audio- and video-recorded during high fidelity training in an emergency department. Each team consisted of six members: one surgeon or emergency physician (the designated team leader), one anaesthesiologist, one nurse anaesthetist, one enrolled nurse from the theatre ward, one registered nurse and one enrolled nurse from the emergency department (ED). The communication was transcribed and analyzed, inspired by discourse psychology and Strauss’ concept of “negotiated order”. The data were organized and coded in NVivo 9.

Results: The findings suggest that leaders use coercive, educational, discussing and negotiating strategies to work things through. The leaders in this study used different repertoires to convey their knowledge to the team, in order to create a common goal of the priorities of the work. Changes in repertoires were dependent on the urgency of the situation and the interaction between team members. When using these repertoires, the leaders positioned themselves in different ways, either on an authoritarian or a more egalitarian level.

Conclusion: This study indicates that communication in trauma teams is complex and consists of more than just transferring messages quickly. It also concerns what the leaders express, and even more importantly, how they speak to and involve other team members.

The alcohol consumption of female rape victims is often discussed during rape trials. This has been regarded as an emblematic example of victim blaming and the failures of the legal system in relation to rape. From a feminist perspective it can be seen as an expression of the structural subordination of women in society in general.

This article investigates the meanings attached to alcohol in written court decisions in Swedish rape trials (2008-2012). Rape trials are contrasted with assault trials, where the complainants are men. Thirty court decisions from each type of trial are compared, with the same number of guilty and not-guilty verdicts.

Quantitative analysis reveals that alcohol consumption is mentioned more often in rape trials, where it also appears more relevant to decision-making. The complainants' consumption is mentioned four times more often than the defendants' consumption. In assault decisions, the mentioning of alcohol consumption is distributed roughly equally between the parties.  

The analysis shows how a large proportion of the alcohol references in both rape trials and assault trials can be regarded as largely irrelevant noise. The remaining alcohol references are understood in terms of five interpretative repertoires: 1) the accuracy of memory on part of witnesses; 2) explanations of seemingly irrational behaviors; 3) vulnerability, 4) getting the victim drunk, and 5) moral character. The latter three interpretive repertoires are more common in rape decisions. As a conclusion, part of the preoccupation with rape victims’ alcohol consumption can be attributed to protectionary strategies, and should thus not be regarded as victim-blaming. However, some assessments appear to build on assumptions that information about alcohol consumption is indicative to moral character that is relevant to court decisions. 

Under senare år har rättssystemets hantering av våldtäktsmål varit föremål för kritik. Forskning har visat att få anmälda brott klaras upp och att brottsoffer ofta upplever sig ifrågasatta under polisutredning och domstolsförhandlingar. En invändning mot denna kritik är att bevisläget ofta är svårt i våldtäktsfall, särskilt om det saknas tydliga vittnesuppgifter.

Vi påbörjar nu ett treårigt forskningsprojekt med det övergripande syftet att undersöka om och i så fall hur kvinnor som utsätts för våldtäkt med känd gärningsman diskrimineras i mötet med rättsapparaten. Detta syfte undersöks genom att jämföra våldtäktsmål med fall där en man utsatts för våldsbrott och frågan om offrets trovärdighet är central för bevisningen.

Rättssystemets hantering av målen kommer att studeras dels i polisutredningar (förhörsprotokoll och andra utredningsdokument), dels i domstolsförhandlingar (protokoll, domar och videoupptagningar av vittnesförhör). Totalt studeras 12 våldtäktsmål och 12 med manliga brottsoffer i sin helhet, både polisutredning och domstolsförhandling och ytterligare 12 vardera av polisutredningar som inte resulterat i att åtal väckts. Därutöver genomförs intervjuer med samtliga målsäganden och ett urval av professionella.

Syftet med denna presentation är att diskutera hur man bäst kan hitta mål som blir relevanta att jämföra. Det bör vara sådana där det finns en identifierad gärningsman men tydliga vittnesuppgifter och teknisk bevisning saknas – där ord står mot ord. De mål med manliga offer som vi primärt tänker oss rör sig om våldtäkt, misshandel, rån som bygger på hot, olaga hot eller övergrepp i rättssak. Problem kan finnas på flera nivåer: i validitet, dvs. om målen analytiskt är jämförbara; i frekvens, dvs. om jämförbara mål förekommer i tillräcklig utsträckning; i tillgänglighet; dvs. om det är administrativt och praktiskt möjligt att få tillgång till jämförbara mål; samt i etik, dvs. om det är etiskt försvarbart och möjligt att samla in data som är jämförbara.

In this article we analyse recorded verbal interactions between victims and offenders in the presence of mediators. Our aim is to illuminate how victims interact, communicate and position themselves in relation to the offender. We inquire whether victims benefit from verbal interaction with offenders during a process of mediation. According to this study there are no easy answers. Victims act in diverse ways depending on their aims and the situation. They may act as moral entrepreneurs, adopt consensus-seeking strategies or take oppositional positions. This research may be informative for those who are interested in which benefits victims can achieve when they communicate with offenders in the framework of restorative justice.

In Sweden, the government has invested considerable resources to implement victim offender mediation (VOM) for young people (under the age of 21). Despite this, the number of mediations is decreasing. What appears to be a gap between the legislator’s intentions and practical applications raises questions about the reasons for this gap and the premises for mediation in penal matters in Sweden today. Our purpose in this article is to highlight and discuss some circumstances that can explain this decrease and the future of VOM in Sweden. We start by discussing the development of VOM in Sweden and continue by analysing possible reasons for why mediation is declining. The conclusion is that the decrease can be explained by problems related to legal and organisational structures as well as mediation practice. The conclusion is also that if the state and municipalities do not show more interest in VOM and restorative justice, then this activity will probably disappear.

This study aims to describe and analyze healthy individuals’ expressed experiences of touch massage (TM). Fifteen healthy participants received whole body touch massage during 60 minutes for two separate occasions. Interviews were analyzed by narrative analysis. Four identifiable storyline was found, Touch massage as an essential need, in this storyline the participants talked about a desire and need for human touch and TM. Another storyline was about, Touch massage as a pleasurable experience and the participants talked about the pleasure of having had TM. In the third storyline Touch massage as a dynamic experience, the informants talked about things that could modulate the experience of receiving TM. In the last storyline, Touch massage influences self-awareness, the participants described how TM affected some of their psychological and physical experiences. Experiences of touch massage was in general described as pleasant sensations and the different storylines could be seen in the light of rewarding experiences.

The aim of this paper is to analyse how Swedish grade three children are discursively positioned as pupils when they are taking national tests in mathematics and when they reflect on the testing situation afterwards. With support from theories about affective-discursive assemblages, we explore children's body language, emotions, and talk in light of the two overarching discourses that we believe frame the classroom: the 'testing discourse' and the 'development discourse'. Through the disciplinary power of these main discourses children struggle to conduct themselves in order to become recognized as intelligible subjects and 'ideal pupils'. The analysis, when taking into account how affects and discourses intertwine, shows that children can be in 'untroubled', 'troubled', or ambivalent subject positions.

Independent experts serve a vital role in how the human rights of patients are protected in mental health law. This article investigates the contribution of court-appointed psychiatrists (APs) in civil commitment court hearings. Analysis is based on 12 court hearings that were audiotaped. Supplementary informal interviews with participants were also conducted. Data were analysed through a combination of rhetoric analysis and discourse analysis. Analysis of the hearings reveals that APs do not fulfil their function to critically investigate treating psychiatrists’ (CPs) recommendations that patients meet commitment criteria. They typically do not ask any questions from CPs, and the few questions that are asked do not cast light on the legal issues at stake. To further understand the role of APs, their communication has been analyzed in terms of four interpretative repertoires: collegial, disclosing, therapeutic and mediating. In conclusion, the human rights of patients subjected to involuntary commitment might be at risk when therapeutic concerns are built into the process. The specific Swedish model where APs deliver their own assessment about whether commitment criteria are met may be counterproductive. This argument possibly extends to the role of medical members in mental health tribunals in the United Kingdom, Australia and New Zealand.

This article investigates the role of court appointed psychiatrist’s (AP) in Swedish court hearings relating to compulsory psychiatric care. Data consist of taperecordings and documents from twelve court hearings together with informal interviews with actors in court.

The discourse in court is analysed in terms of interpretative repertoires. The possibility for APs to examine each case is limited by shortage of time and resources. Furthermore, APs may have to take into account an out-of-court, professional relationship to the treating psychiatrist (CP). We find that conversation between APs and CPs frequently are carried out in a collegiate repertoire. These circumstances inhibit a detailed critical examination of the CP’s application for compulsory care, which in turn helps explaining why APs seldom assess cases different from CPs.

This raises the question of how APs’ status as experts is reproduced in courtroom conversation. This is accomplished by using a disclosing repertoire, which invites the patient to produce incoherent talk. Expert status is also reproduced when APs give medical advise to patients in a therapeutic repertoire. Applying a mediating repertoire, APs attempt to resolve clinical conflicts between CPs and patients. As a result, the legal conflict at stake is downplayed.