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Coercion in Probation: A Study of Ideas in Swedish Legislation.

Fri, September 13, 3:30 to 4:45pm, Faculty of Law, University of Bucharest, Floor: 2nd floor, Room 3.04

Abstract

This study focusses on how legislators in Sweden express ideas of punitiveness, coercion, and control when amendments to legislation for probation are suggested and decided upon. The empirical material consists of preparatory works at the governmental level and discussions in parliament. This material is publicly available and shows how aspects of control and coercion are understood by the legislators.

The presentation will include an introduction with a brief overview of the construction of probation legislation in Sweden and contemporary practice guidelines. Sweden has experienced a shift from a managerial focus to a punitive one, which has influenced criminal policy. During the managerial era, probation primarily relied on strict manual-based contacts with probationers. However, this approach is not aligned with the legislative bodies, which express demands in other ways. This apparent gap between policy and practice frames the presentation.

Three themes will be highlighted: ideas of change, ideas of probation work, and ideas of the probationer. Ideas of change encompass how legislators express the role of control and coercion in facilitating behavioural change. The discussion of probation work will focus on the controlling and coercive tasks intended for implementation. The portrayal of the probationer will serve as a conclusion, depicting them as both a punishable object and a change agent responsible for their own life.

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