ABSTRACT

This chapter discusses the concept of 'parallel norm creating processes' (PNCP) in the light of theoretical developments on legal and social norms. It deals with normative processes concerning the implementation of administrative law, and empirical examples primarily be taken from the field of social welfare. Socio-legal research on the implementation of legal regulations in various fields has revealed considerable divergences between legal requirement and the actual outcome of legal implementation. Ehrlich's important concept of 'living law' allows for a theoretical understanding of legal decision-making ruled by norms other than formal legal decision-making norms, such as ethnic or social. The normative legal construct leaves considerable room both in the municipalities and in the courts for pluralist practices or parallel norm-creating processes or possibilities. Municipal welfare boards have the main mandate to implement the legislation. The Swedish Social Services Act also includes individual rights to domestic services household help or special accommodation for service and care for elderly people.