Johan Karlsson Schaffer’s research while affiliated with University of Gothenburg and other places

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Publications (58)


Resisting Media Capture: Mobilising for Media Freedom in Uganda
  • Chapter

November 2024

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2 Reads

Carl-Magnus Höglund

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Johan Karlsson Schaffer

How can journalist groups and media organisations resist government media capture?Governments in hybrid regimes seek to control the media sector, by, for instance, introducing laws and regulations that limit free speech, arresting journalists, corrupting licensing systems, and directing government advertisement to loyal media outlets. However, journalist groups, media houses, and media freedom organisations have sometimes been able to challenge the government’s attempts to subvert independent media. Theorising media capture as a dynamic form of contentious politics, we investigate Ugandan government’s strategies to restrict media freedom, and the strategies journalists and media freedom groups have employed to resist media capture. Drawing on original fieldwork data, including 40 semi-structured interviews with journalists and media freedom activists in Uganda, we analyse four strategies to curtail media freedom in the 2010s: regulatory interference, ownership, criminal prosecution, and direct repression. Our findings suggest that when the agents in the media sector have coordinated their efforts, combining legal action, protest, public advocacy, and/or media blackouts, they have been able to mitigate or halt government attempts to capture the media. Our case study of media capture in Uganda has some broader implications. Whereas previous literature sometimes seems to suggest media capture entails that a transitional state gets caught up in a stage where the mass media are unwilling to secure their independence from powerful vested interests, we suggested a dynamic account that allowed us to highlight that the targets of capture—journalists, media houses, and media freedom groups—have some agency to counteract media capture strategies. What limits their capacity to mobilise is not lack of will, but their weak organisations and precarious conditions.





Institutions that define the policymaking role of courts: A comparative analysis of the supreme courts of Scandinavia
  • Article
  • Full-text available

August 2023

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10 Reads

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1 Citation

International Journal of Constitutional Law

Scandinavian supreme courts have been described as deferential to the elected branches of government and reluctant to exercise their limited review powers. However, in recent years, these courts have increasingly decided cases impacting public policy making. Yet we lack comprehensive, comparative knowledge about the legal rules and judicial practices that govern the policymaking role of courts in Denmark, Norway, and Sweden. Addressing this gap, this article develops an analytical framework and systematically compares the evolving laws, rules, and practices that regulate the supreme courts’ constitutional review powers and court administration, the appointment and tenure of judges, access to the supreme courts, and their decision-making procedures over the last fifty years. The comparison reveals notable institutional differences across these judiciaries and finds that judicial expansion in Scandinavia has coincided with institutional changes that enhance judicial autonomy. This suggests that consequential reforms of domestic origin may have played a larger part in this development than previously appreciated.

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Cultural expertise in Sami land rights litigation: epistemic strategies in the Girjas and Fosen cases

January 2023

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53 Reads

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2 Citations

Jindal Global Law Review

Peter Johansson

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Johan Karlsson Schaffer

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Sara Johansson Lopez

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[...]

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Ina Sandin

How do parties mobilise cultural expertise in Indigenous rights litigation in Scandinavia? Recently, Sami groups have litigated to claim Indigenous rights to land and natural resources, winning some remarkable victories in the Supreme Courts of Norway and Sweden. In this paper, we draw on socio-legal mobilisation theory to analyse the epistemic strategies of Sami litigants and their adversaries in two recent landmark Supreme Court cases on Indigenous rights to usage of land: the 2020 Girjas case in Sweden and the 2021 Fosen case in Norway. Conceptualising cultural expertise as a strategic framing contest, we analyse how the parties struggled over the epistemic basis of the respective case by legitimating their claims to cultural knowledge, drawing on academic research, and discrediting their opponents' epistemic claims. Our findings suggest that in both cases, Sami claimants successfully established an epistemic basis where their traditional, experiential knowledge combined with independent academic expertise effectively challenged the knowledge claims of their adversaries. Yet, both cases also demonstrate how the linkage between Sami Indigeneity and reindeer husbandry in the national law of both countries excludes non-reindeer herding Sami persons from the Indigenous rights affirmed by the courts.


Citations (30)


... In recent years, through methods such as discourse analysis, empirical studies and case studies, many scholars have delved into the diversity and complexity of cultural factors in legal discourses (e.g. Johansson et al., 2023;Zhao & Dong, 2023;Varga, 2020). For instance, Koch and Kjølstad (2023) conduct extensive and in-depth research (Du, 2015) A subordinate information unit develops under its superordinate information unit in a specific manner due to the relationships that each information unit within a discourse holds with the other information units. ...

Reference:

Cultural Factors Influencing Interest Contention of China’s Business Dispute Settlement: A Discourse Information Perspective
Cultural expertise in Sami land rights litigation: epistemic strategies in the Girjas and Fosen cases

Jindal Global Law Review

... A central tenet of research concerning legal complexes, is that judges interact with other legal professions in defence of political liberalism (Halliday, Karpik and Feeley, 2007;Karpik and Halliday, 2011;Feeley and Langford, 2021). One well-researched dynamic constitutes between lawyers and judges. ...

The Limits of the Legal Complex: Nordic Lawyers and Political Liberalism

... National and universal human values are natural values that by their nature and significance, are global (problems of peace, disarmament, international economic order, etc.). The highest values include, in particular, material, spiritual and socialpolitical values that have national and universal significance, namely: peace, human life, values of the social order, ideas of justice, freedom, observance of people's rights and responsibilities(Zyberi, Schaffer, Lingaas & Madrigal, 2022). ...

Special Issue: The Future of Human Rights
  • Citing Article
  • September 2022

Nordic Journal of Human Rights

... On a wider spectrum, literacies testing also contributes to debates about and processes for understanding and supporting student learning in higher education and to processes of supporting the teaching and learning of literacies as an integral part of content and disciplinary learning (Jacobs, 2005;Black & Rechter, 2013;Lloyd et al., 2016;Helstad et al., 2017;Olsson et al., 2021;Wu & Lau, 2021). In my view, this locates literacies testing in the wider landscapes of teaching and learning programmes provision and of the design of appropriate placement and foundational programmes and their associated curricula. ...

Teaching Academic Literacies in international relations: towards a pedagogy of practice

Teaching in Higher Education

... Akin to many societies across the global south, in a patrimonial MEDIA CAPTURE AND TRANSITIONAL SETTINGS: TOWARDS THEORETICAL AND EMPIRICAL DEVELOPMENTS media system, the media "become subordinate to individuals who wield political power," as patrimonialism affects both state-controlled and private media (Mabweazara et al., 2020: 6-7). More straightforward mechanisms of State media capture also prevail, as governments across sub-Saharan Africa seek control of independent media through economic and legal pressures or regulatory measures as well as attacks on individual journalists (Cagé & Mougin, 2022;Höglund & Schaffer, 2022). ...

Resisting Media Capture: Mobilizing for Media Freedom in Uganda
  • Citing Article
  • January 2021

SSRN Electronic Journal

... Our intent in this article was not to reveal the current Swedish FFP as a kind of feminism of bad faith. Without denying that Sweden's current FFP might be part of a 'national branding effort', 92 we have approached it on its own terms: as a policy that is comprehensive, ambitious and honestly geared towards righting wrongs and alleviating suffering. And yet, when the current FFP is placed next to an earlier project of feminist foreign policy, a paradox emerges: while Swedish FFP has never been as explicitly and strongly articulated as it is today, its transformative vision of justice and equality on a global scale is strikingly weak and narrow. ...

How Democracy Promotion Became a Key Aim of Sweden’s Development Aid Policy
  • Citing Chapter
  • July 2021

... n the complex and dangerous landscapes of conflict zones, the role of journalists is both critical and precarious. While striving to report on the often harsh realities of war, insurgency, and political turmoil, journalists confront an array of risks that not only threaten their safety but also challenge the very essence of press freedom (Feinstein & Starr, 2015;Harrison & Pukallus, 2018;Höglund & Schaffer, 2021;Høiby, 2019). Journalism in conflict zones is inherently fraught with dangers that range from physical threats to psychological burdens. ...

Defending Journalism Against State Repression: Legal Mobilization for Media Freedom in Uganda

Journalism Studies

... Regarding the Swedish context, it is important to understand that a collaboration such as the Asylum Commission, where academics strategically and openly collaborated with actors outside of academia to produce critical knowledge, and then tried to circulate this knowledge in society, is rare (for an exception besides the Asylum Commission, see Westlund et al., 2016). During the egalitarian (Therborn et al., 1978) and internationalist (Karlsson Schaffer, 2020) era of the 1960s and 70s, academics in Sweden were more active in progressive political work than today. At that time, one example of such engaged scholarship took the form of a sociolegal conversation around what function law should have in the development of progressive politics. ...

The Self-Exempting Activist: Sweden and the International Human Rights Regime

Nordic Journal of Human Rights

... Secondly, there are broader socio-political difficulties and ramifications of seeking consensus as the main aim. Contemporary societies are often characterized by value pluralism, multifaceted societal conflicts, and incommensurable differences, which throws the attainability of consensus into question (Friberg-Fernros et al. 2019). Consensus may also be an undesirable goal when striving towards it may serve to marginalize, suppress and exclude minority voices, interests and perspectives (Young, 1996). ...

Deliberation after Consensus: Introduction to the Symposium

Journal of Deliberative Democracy

... In parallel, new movements and organizations have developed or become more important -for instance, shareholder associations, patient organizations or movements to tackle global inequality, migration, the climate crisis, etc. Some of these movements see opportunities in legal activism and appeals to human rights (Langford et al., 2019), and they have developed hybrid organization structures in order to mobilize in several arenas at the same time. ...

The Scandinavian Rights Revolution: Courts, Rights and Legal Mobilization Since the 1970s
  • Citing Article
  • January 2019

SSRN Electronic Journal