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Challenging Legal Core Values

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Available open access digitally under CC-BY-NC-ND licence. This book presents the first ethnographic study into a new consent-based rape law in Sweden and shows how the implementation of this legis...
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  • 22 July 2025
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Available open access digitally under CC-BY-NC-ND licence.

This book presents the first ethnographic study into a new consent-based rape law in Sweden and shows how the implementation of this legislation challenges outdated legal frameworks and requires a shift in legal practice.

Focusing on the Swedish context, it provides insights that are globally applicable, offering lessons for other countries where consent-based rape laws are in place. By examining the limitations of the conventional legal enactment of autonomy, rationality and objectivity, the authors argue for an evolved approach to ensure fairness and effectiveness. Integrating feminist legal theory with the sociology of emotions, the book reveals how emotional and contextual factors shape legal reasoning.

Aiming to make legal processes for sexual violence more transparent, predictable and democratic worldwide, this is an urgent call for enhanced professional training in emotional reflexivity and empathy.

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Price: $44.95
Pages: 334
Publisher: Bristol University Press
Imprint: Bristol University Press
Publication Date: 22 July 2025
ISBN: 9781529237535
Format: Paperback
BISACs: LAW / Criminal Law / General, Law and society, sociology of law, LAW / Ethics & Professional Responsibility, SOCIAL SCIENCE / Sexual Abuse & Harassment, Violent crimes, Sexual abuse and harassment, Criminal law: Gender violence
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‘Bringing feminist theory into a conversation with the sociology of emotions, this book provides a vital analysis of the challenges of transformative rape law reform.' Anna Carline, University of Liverpool

Åsa Wettergren is Professor in Sociology at the University of Gothenburg.

Moa Bladini is Associate Professor in Law at the University of Gothenburg.

Sara Uhnoo is Associate Professor in Sociology at the University of Gothenburg.

Part 1: Introduction

1. Background and Outline

2. Legal Framework

3. Theory and Method

Part 2: The Making of Legal Objectivity

4. The Feeling of not Knowing

5. Professional Roles in Objectivity Making

6. The Making and Breaking of Objectivity

Part 3: Autonomy and Rationality of Legal Subjects

7. Autonomy and Action Rationality of Non-Voluntariness

8. The Burden of Explanation

9. The Making and Breaking of Consent Defences

Part 4: Rationality and Autonomy in Legal Decision-Making

10. Navigating Reasonable Doubt in the Judgements

11. Pathways to Knowing

Part 5: Conclusion

12. Core Judicial Values and Beyond