The Constitutionalisation of Contract Law in Finland

This chapter discusses the constitutionalisation of Contract law in Finland and makes frequent comparative references to the other Nordic systems. It aims to describe how Constitutional law has gradually started to influence Contract law. Moreover, the analysis seeks to predict some key future developments concerning Constitutional Contract law in Finland. This chapter illustrates how relevant constitutional actors consider these two areas of law and how these actors may sometimes collide because of key doctrines and the constitutional structure. It is concluded that references to Constitutional and Human rights law are not going to replace traditional Contract law argumentation. In most cases, nevertheless, Constitutional and Human rights law offer a useful means to clarify and modify the arguments used in traditional Contract law reasoning. The authors expect growing significance and legal relevance of the relationship between Constitutional law and Contract law.Peer reviewe

Gendered and Social Hierarchies in Problem Representation and Policy Processes: ‘Domestic Violence’ in Finland and Scotland

This article identifies and critiques presumptions about gender and violence that continue to frame and inform the processes of policy formation and implementation on domestic violence. It also deconstructs the agendered nature of policy as gendered, multilevel individual and collective action. Drawing on comparative illustrative material from Finland and Scotland, we discuss how national policies and discourses emphasize physical forms of violence, place the onus on the agency of women, and encourage a narrow conceptualization of violence in relationships. The two countries do this in somewhat comparable, though different ways operating within distinct national gender contexts.The complex interweaving of masculinities, violence, and cultures, although recognized in many debates, is seemingly marginalized from dominant discourses, policy, and legal processes. Despite growth in critical studies on men, there is little attempt made to problematize the gendered nature of violence. Rather, policy and service outcomes reflect processes through which individualized and masculine discourses frame ideas, discourses, and policy work. Women experiencing violence are constructed as victims and potential survivors of violence, although the social and gendered hierarchies evident in policies and services result in longer-term inequities and suffering for women and their dependents

The Rise of the Crime Victim and Punitive Policies? Changes to the Legal Regulation of Intimate Partner Violence in Finland

This article examines intimate partnership violence as a question of criminal justice policy in Finland, and contributes to criminological discussions regarding oft-stated connections between the politicization of the victim, the treatment of offenders, and repressive criminal justice policies. In this discussion, legislation aiming to regulate and prevent violence against women has often been utilized as an example of such punitive policies. Although criminal policies in Nordic countries differ significantly from more punitive Anglophone policies, punitive tendencies have argued to exist in the former too. This article analyses the change in legal regulations and the criminal political status of intimate partner violence in Finland between 1990 and 2004, while examining the juxtaposition of victims and offenders alongside repressive demands