Home
Research group for Criminal Law and Criminal Procedure
Research stay

PhD-student from The University of Copenhagen: Clara Juul Holm

Clara Juul Holm is a PhD-student from The University of Copenhagen. This article gives a short review about her research stay at The University of Bergen.

Main content

The PhD-project
The PhD-project concerns the upper part of mens rea, with a specific focus on how to denote the continental law concept of intention from the recklessness and negligence. This have been discussed at length since the 19th century and seems to be one of those continuous legal topics, especially the discussion about the validity of the concept of “dolus eventualis”. Juul Holm thinks that we need to tackle our core jurisprudential issues head-on. The concept is very much in use by the courts in a somewhat fast-paced and pragmatic environment with lay assessors.

 

I see it as the duty of academia to help out with these issues, or at least be concerned with them and continue the debate. We have the very unique time and opportunity to think just one specific problem through. 

- Clara Juul Holm

 

The cooperation with UiB 

Juul Holm says that her research stay has confirmed her belief that exchange of ideas across the Scandinavian countries is a tradition that is very much worth upholding. 

- We have a lot of legal culture and past jurisprudential debate in common, and yet the fact that we have separate and independent legal systems makes for some very interesting divergence. This especially goes for the relation between Norwegian and Danish law on my research area, where the foundations to the modern discussion were laid by discussion between a Danish and a Norwegian researcher more than a hundred years ago, and because we have had a somewhat parallel course since, says Juul Holm,.

She has had the opportunity to discuss the PhD-project and other projects the very bright and dedicated criminal law researchers at the University of Bergen. Among other things has the PhD-project has been presented for the research group for Criminal Law and Criminal procedure. Juul Holm says that it has truly been a privilege to get this kind of undivided attention from a number of distinguished people in the field, who gives you the perspective from a different legal background.

The research stay has of course been very impacted by the covid-19 situation. Juul Holm still appreciate the fact that is possible to have digital meetings etc., as the alternative in this situation would be to put your life on hold and postpone research stays. She states that she thinks that it has been more fun to be in a new town with new people, than to be locked up in your own apartment, waiting for things to get normal.