Samtycke eller frivillighet? En undersökning om rättsmedvetande

Detta är en Kandidat-uppsats från Lunds universitet/Rättssociologiska institutionen

Sammanfattning: This essay seeks to examine how people with what Marc Hertogh defines as an external legal consciousness perceive the concept of consent as it applies to sexual relations. Furthermore, the essay also seeks to examine how the concept of voluntariness is perceived by people with what Hertogh defines as an internal legal consciousness as it applies to sexual relations. The essay employs a combination of methods in order to capture perceptions of sexual relations through these two concepts and forms of legal consciousnesses. A quantitative survey is used to examine how people with an external legal consciousness perceive the concept of consent as it pertains to sexual relations and a qualitative study of a set of legal cases is used to examine how people with internal legal consciousness perceive the concept of voluntariness as it pertains to sexual relations. The study found that people with an external legal consciousness perceive the concept consent as something that is primarily conveyed through words, actions and a certain mood. It is something both parties are responsible for showing and insuring. With regard to how people with an internal legal consciousness perceive the concept voluntariness a general conclusion is difficult to present, however the essay shows that if voluntariness is expressed by both parties irrespective of whether involuntary is also expressed, voluntariness in terms of its definition in the legal system, still applies. The study subsequently seeks to highlight the discrepancy between the different perceptions of the concepts with Hertoghs theory about legal alienation.

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