ABSTRACT

This chapter starts with the question of how damages for violation through crime are determined by law. Compensation for criminal injuries is the predominant type of non-pecuniary damages in Swedish tort law. In Swedish law, only defamation still falls under private litigation, although the number of situations where the prosecutor may prosecute has increased. The chapter illustrates that what can be described as 'leaking law' is a central dimension of a normative system that deals with values, language and the application of general rules through interpretation in a certain context. The author's theoretical approach is inspired by analytical jurisprudence and analytical philosophy expressed by questions like 'what is the law?' and 'what is the relationship between law and its context?'. Finally, the chapter discusses what is meant by 'leaking' and why it is relevant to compensation for violation of personal integrity.