Jack Ågren

Project summary

Social adequacy

One of the fundamental tasks of criminal law is to determine whether an act constitutes a crime. A key part of this assessment is distinguishing between acts that are permitted and those that are prohibited. An act may be permitted because there is an explicit legal rule that exempts a person from criminal liability. However, an act may also be considered lawful even when there is no explicit legal basis for it, under the legal doctrine known as social adequacy.

 

Despite the importance of social adequacy, legal research in this area is very limited. There is therefore a clear need for a comprehensive and in-depth study of the doctrine.

 

The project examines social adequacy from two perspectives. From a practical perspective, it explores how the doctrine can be identified and structured, where its boundaries lie and how far it extends. From a legal-philosophical perspective, it considers broader questions about the ideas and policy considerations underlying the doctrine.