In this article the author discusses the book Anger and Forgiveness written by the well-known and influential American philosopher Martha Nussbaum. In the opinion of the author Anger and Forgiveness is a provocative and challenging book. In the book, Nussbaum makes a distinction between conditional and unconditional forgiveness, she relates conditional forgiveness to the logic of retribution and she disapproves retribution and, by extension, conditional forgiveness on moral grounds. Her disapproval of retribution and conditional forgiveness is related to her disapproval of (vindictive) anger, which in her opinion is intrinsic part of retribution and conditional forgiveness. According to Nussbaum, anger – transitional anger excluded – has to be replaced by unconditional love; only conduct that stems from unconditional love can be qualified as moral. Sometimes unconditional forgiveness can be seen as a form of unconditional love. Subsequently, Nussbaum applies her ideas on anger, retribution, forgiveness and love to the political domain, to which also criminal law belongs. Nussbaum pleads for a criminal law system empty of anger and retribution; in Nussbaum’s criminal law system there is only room for prevention, grace and human welfare – all stemming of unconditional love. Nussbaum’s Anger and Forgiveness offers an alternative view on concepts such as anger, retribution, forgiveness and love, concepts which are important within the context of criminal law and restorative justice. The author argues that, although the reader can certainly learn from Nussbaum’s ideas as explained in Anger and Forgiveness, the radicality of her ideas inevitably causes criticism; Nussbaum holds a very idealistic perspective that neglects the human condition. Instead of ruling out anger and retribution, the author advocates a criminal law system that is capable of canalizing anger and transforming vindictive anger into transitional anger. Furthermore, he pleads for a criminal law system that makes forgiveness possible without forcing victims to forgive. For that reason restorative justice practices need to be incorporated into the criminal law system. In sum, to a certain extent Nussbaum and Claessen share the same moral ideals, but they disagree on the path leading tot those ideals. Where Nussbaum opts for a top-down approach, Claessen opts for a bottom-up approach which respects the human condition. |
Zoekresultaat: 62 artikelen
Artikel |
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Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 3 2018 |
Trefwoorden | Vergeving, liefde, woede, vergelding, strafrecht |
Auteurs | Jacques Claessen |
SamenvattingAuteursinformatie |
Article |
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Tijdschrift | Erasmus Law Review, Aflevering 3 2018 |
Trefwoorden | technology, socio-technological change, money, windmill, data |
Auteurs | Marta Katarzyna Kołacz en Alberto Quintavalla |
SamenvattingAuteursinformatie |
This article discusses how the law has approached disparate socio-technological innovations over the centuries. Precisely, the primary concern of this paper is to investigate the timing of regulatory intervention. To do so, the article makes a selection of particular innovations connected with money, windmills and data storage devices, and analyses them from a historical perspective. The individual insights from the selected innovations should yield a more systematic view on regulation and technological innovations. The result is that technological changes may be less momentous, from a regulatory standpoint, than social changes. |
Article |
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Tijdschrift | Erasmus Law Review, Aflevering 3 2018 |
Trefwoorden | user generated content, public and private responsibilities, intermediary liability, hate speech and fake news, protection of fundamental rights |
Auteurs | Katharina Kaesling |
SamenvattingAuteursinformatie |
These days, it appears to be common ground that what is illegal and punishable offline must also be treated as such in online formats. However, the enforcement of laws in the field of hate speech and fake news in social networks faces a number of challenges. Public policy makers increasingly rely on the regu-lation of user generated online content through private entities, i.e. through social networks as intermediaries. With this privat-ization of law enforcement, state actors hand the delicate bal-ancing of (fundamental) rights concerned off to private entities. Different strategies complementing traditional law enforcement mechanisms in Europe will be juxtaposed and analysed with particular regard to their respective incentive structures and consequential dangers for the exercise of fundamental rights. Propositions for a recommendable model honouring both pri-vate and public responsibilities will be presented. |
Discussie |
Alle dieren tellen mee!Over non-speciesisme in de criminologie |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 2 2018 |
Trefwoorden | speciesism, animal rights, animal cruelty |
Auteurs | Dr. Janine Janssen |
SamenvattingAuteursinformatie |
Criminology traditionally focuses on the human experience. However, several criminologists have seriously criticized this anthropocentric perspective. In their view from a criminological perspective humans and other than human animals should be given equal attention. Although they advocate a non-speciesist criminology, they are not trying to fundamentally change criminology as we know it. Instead, their appeal is to not consider other than human creatures as passive objects and solely from the perspective of their usefulness for humans. Yet, this objective poses substantial methodological challenges to criminologists. |
Diversen |
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Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 3 2017 |
Trefwoorden | etnographic research, Violence, Manchester school, going native |
Auteurs | prof. dr. Dina Siegel |
SamenvattingAuteursinformatie |
This is an interview with one of the most important social anthropologists of the 20th century – prof. Emanuel Marx. |
Artikel |
Terrorisme- en radicaliseringsstudiesEen explosief onderzoeksveld |
Tijdschrift | Justitiële verkenningen, Aflevering 3 2017 |
Trefwoorden | terrorism studies, radicalization studies, definition, analysis levels, pitfalls |
Auteurs | Prof.dr. B.A. de Graaf |
SamenvattingAuteursinformatie |
Studying terrorism and radicalization is quite problematic because of a lack of reliable sources. Finding out what motivates terrorists often boils down to educated guessing. The author describes the search for an academic definition of terrorism and summarizes the development of this discipline since the 1970s, thereby distinguishing research on three levels: macro, micro and meso. While before 9/11 few academics were involved in this research field, it ‘exploded’ thereafter. Important factor contributing to this expansion is the greater availability of government funds and relevant data for this type of research. However, the growth of this discipline isn’t just good news, researchers should be aware of a number of pitfalls identified as the proximity to government power, too much self-confidence (hybris) of researchers pretending to have designed a ‘unified theory’, the abundance of funds for this type of research, resulting in a lot of low-quality research, and finally the politicization of the subject, which could limit the academic freedom. |
Artikel |
Hoe IS-glossy Dabiq harten van westerse moslims wint |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 2 2017 |
Trefwoorden | jihadism, radicalization, propaganda, denial, Dabiq |
Auteurs | Dr. mr. Fiore Geelhoed, Layla van Wieringen MSc., Kyra van den Akker BSc. e.a. |
SamenvattingAuteursinformatie |
IS propaganda is assumed to contribute to radicalization of Western Muslims. How IS propaganda reaches the hearts and minds of Western Muslims and consequently fuels radicalization is nonetheless an understudied topic. Through content analysis of all fifteen issues of IS-glossy Dabiq this article demonstrates how IS propaganda works in Dabiq. First, IS attunes in Dabiq to factors that foster radicalization according to the literature. IS does so by its discussion in Dabiq of injustice done to Muslims worldwide, the image of the Western enemy, and its positive presentation of the individual and group identity of IS fighters. Second, in Dabiq IS paves the way for embracing violent means, such as terrorist attacks on Western civilians through a discourse of ‘denial’. |
Opinion |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 2 2016 |
Trefwoorden | Geert Wilders, hate speech, freedom of opinion, District Court of The Hague, conviction |
Auteurs | Jogchum Vrielink |
Auteursinformatie |
Artikel |
Triggerfactoren in het radicaliseringsproces |
Tijdschrift | Justitiële verkenningen, Aflevering 2 2016 |
Trefwoorden | radicalization, trigger factors, cognitive opening, personal characteristics, types of motivation |
Auteurs | Dr. A.R. Feddes, Drs. L. Nickolson en Prof. dr. B. Doosje |
SamenvattingAuteursinformatie |
In order to understand why people can turn to violence to achieve political or societal changes, it is important to examine factors that can trigger a process of radicalization. In this article the authors outline such a model of trigger factors. In this model they specify trigger factors at the micro level (individual level), meso level (group level), and macro level (societal level). In addition, the authors argue that it is important to take into account personal characteristics, such as age, gender, and the type of motivation, behind a radicalization process. With respect to these types of motivation, the authors distinguish between sensation seekers, justice seekers, identity seekers, and meaning seekers. This model enables to discern triggers in the radicalization process of specific people in specific contexts. |
Artikel |
Begrip, rust, recht en regie: naar een verklaringsmodel voor de werking van herstelbemiddeling |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 1 2016 |
Trefwoorden | Verklaringsmodel, Effecten, Recidivevermindering, procedure, attributie |
Auteurs | Bas Vogelvang en Gert Jan Slump |
SamenvattingAuteursinformatie |
Based on a literature research and program evaluation of the practice of Victim in Focus (Slachtoffer in Beeld) in 2013, two issues are addressed: What are the possible effects of victim offender mediation? Which active mechanisms will cause or contribute to these effects? The authors describe the current context and developments in The Netherlands concerning restorative justice and then describe the effects and possible active mechanisms such as satisfaction, diminishing fear, anger and shame, information and consent, procedural justice, reduction of recidivism, compliance. In a synthesis of active mechanisms they present four domains or mediating factors: from incomprehension to comprehension (cognitive restoration); from unease to ease (emotional restoration); from injustice to justice (moral restoration); from powerless to powerful feelings (restoration of control). The victim offender mediation as a ritual has an impact or is supposed to have an impact on these four domains for both victims and offenders. Within the four domains four activities or interactions within victim offender mediation are presented: creating understanding through inter-subjectivity; expression of fear, trauma and shame; doing justice by excuses/apologies and restorative actions; regaining self control. Further research is needed to validate the model and to get more insight in essential or primary and secondary aspects in the explanation of the impacts of victim offender mediation. |
Artikel |
Moving beyond the otherA critique of the reductionist drugs discourse |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 1 2016 |
Trefwoorden | drug use, drug users, drug policy, drug reform, media, discourse, the other |
Auteurs | Stuart Taylor |
SamenvattingAuteursinformatie |
This paper uses the UK as a vehicle through which to argue that a dominant reductionist drugs discourse exists which simplifies understandings of drug use and drug users leading to socio-cultural misrepresentations of harm, risk and dangerousness. It contends that at the centre of this discourse lies the process of othering – the identification of specific substances and substance users as a threat to UK society. Interestingly, within the wider context of global drug policy reform this othering process appears to be expanding to target a wider variety of factors and actors – those policies, research findings and individuals which contest normative notions, resulting in the marginalisation of ‘alternative voices’ which question the entrenched assumptions associated with drug prohibition. The paper concludes that there is a need for collective action by critical scholars to move beyond the other, calling for academics to be innovative in their research agendas, creative in their dissemination of knowledge and resolute despite the threat of being othered themselves. |
Artikel |
Godslastering voor en na de aanslagen op Charlie Hebdo |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 3 2015 |
Trefwoorden | Blasphemy, Freedom of speech, Religious Extremism, Terrorism |
Auteurs | dr. Jean-Marc Piret en prof. mr. dr. Jeroen ten Voorde |
SamenvattingAuteursinformatie |
Triggered by the recent Paris attacks the authors make an attempt to answer the question how liberal democracies can react to religious extremists that respond with violence to utterances they consider to be blasphemous. After a brief historical survey of the reactions to blasphemy in penal law and philosophy, the authors compare blasphemy laws and their relation to the freedom of speech in various European countries. Then they analyse the relevant case law of the European Court of Human Rights and the U.S. Supreme Court. In their conclusion the authors defend the position that liberal democracies should be cautious in order to prevent the principles of liberal democracy from being subverted by self-censorship induced by fear of extremism. |
Artikel |
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Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 2 2015 |
Trefwoorden | John Braithwaite, reintegrative shaming, responsive regulation, science of science |
Auteurs | Prof. dr. em. Lode Walgrave |
SamenvattingAuteursinformatie |
In this interview, Lode Walgrave talks to John Braithwaite, one of the most cited white collar crime scholars and best known for his ‘reintegrative shaming’, which added the crucial moral-emotional and ethical dimensions to the body of work on crime and crime control. John Braithwaite tells about his major publications and developments in his intellectual endeavour: the role of shaming and its importance in restorative justice, dominion, responsive regulation, and also his recent project on peacebuilding. Braithwaite’s career and political involvement are discussed throughout the interview, as well as his critical view with regards to the fragmentation of social sciences (including criminology). |
Artikel |
Het veranderende mensbeeld in het strafrechtEen bespiegeling op basis van ervaringen in de rechterlijke macht |
Tijdschrift | Justitiële verkenningen, Aflevering 5 2015 |
Trefwoorden | administration of justice, cynicism, optimism, pondering interests, forgiving |
Auteurs | G.J.M. Corstens |
SamenvattingAuteursinformatie |
In this article the author explains his optimistic view of humanity. He argues that a judge, like he was before, should always keep in mind that defendants and convicted people deserve a positive approach, even if this seems to be contrary to the general experience of recidivism. Criminal judges should never adopt an attitude of cynicism and being merciless. However, criminal justice has to take into account the interests of society in general, of victims and of accused and convicted people. Sometimes severe punishment is required in order to underline the rules we have to obey. But even then the judge has to consider whether there is hope. Pondering all the interests concerned is necessary. Sometimes pardoning is appropriate. |
Artikel |
Een remix van het strafproces? Een hiphop-theorie van het herstelrecht |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 2 2014 |
Trefwoorden | hip-hop, herstelrecht, culturele criminologie, populaire cultuur, commodificatie |
Auteurs | Antony Pemberton |
SamenvattingAuteursinformatie |
Hip-hop and restorative justice may seem odd bedfellows, but according to Antony Pemberton they have more in common than many would assume. In the first place hip-hop shares a common history, at least with restorative justice's modern incarnations, spanning four decades, to become a similarly global phenomenon. Much of the social ecology shaping RJ is similar to hiphop. In addition hiphop's criticism of criminal justice almost goes without saying. Almost no source offers similar scathing critique of criminal justice and penal institutions as rap lyrics. Pemberton concludes that rituals in hip-hop are connected with the need to deal with conflict. The way respect and disrespect can coincide in rap-battles might offer insights in the way similar dialectics can be navigated within restorative justice processes. The extent to which this is possible is necessarily limited. Pemberton finds that hip-hop – with the exception of graffiti- does not seem currently to criticize the key neo-liberal values of the American Zeitgeist. The much maligned chasm between the old-school and the new school can be situated in this observation. Where hip-hop, as a social movement, used to deploy the depiction of injustice as a means to underline the necessity of social change, the current motto appears to be rich or die tryin”. The life of the thug and the gangsta is depicted as the epitome of the American Dream. Here Pemberton sees grounds for a cautionary warning for restorative justice, which is nurtured by a similar neo-liberal undercurrent in a number of jurisdictions. |
Artikel |
Het esoterische mensbeeld in Die Zauberflote van MozartWat straf- en herstelrecht daarvan kunnen leren |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 2 2014 |
Trefwoorden | esoterische wijsheid, levensloopbenadering, desistance, Die Zauberflöte, Mozart |
Auteurs | Jacques Claessen |
SamenvattingAuteursinformatie |
The focus of this contribution is on the esoteric view on mankind as depicted in Mozart's opera The Magic Flute. Within this context, the stages of development of the conscience and soul that a man can go through will receive additional attention. This development can also be influenced by external factors. According to esotericists, the purpose or destination of man is that he comes into contact with his divine nature, but also that he identifies himself with this nature and that he will live in accordance with it. Such a life can be characterized by wisdom and love and therefore by virtue (charity), which is the opposite of sin or mis-doing. Before the identified development of man can be visualized based on The Magic Flute, this opera firstly needs to be embedded in the tradition of the freemasonry (‘Royal Art’) and other, older initiation schools. It is therefore important to recognize that the esoteric view on mankind has historical roots and that, only in recent centuries, this view has been marginalized, due to the rise of the scientific view on mankind. Finally, the question is posed what criminal law and restorative justice can learn from the esoteric view on mankind. In response to this question, a starting point will be presented of the development of a spiritual life-cycle approach, which complements the existing life-cycle approach and the related desistance theories within contemporary criminology. Furthermore, the concept of interconnectedness, which plays an important role in the context of the esoteric views on mankind, will be connected to a restorative crime approach, which provides restorative justice with spiritual legitimization. |
Artikel |
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Tijdschrift | Tijdschrift voor Religie, Recht en Beleid, Aflevering 1 2014 |
Trefwoorden | animal welfare, slaughter without stunning, kosjer, halal |
Auteurs | Janine Janssen |
SamenvattingAuteursinformatie |
In 2008 the Party for the Animals in Dutch Parliament submitted a bill on the slaughter of animals without stunning. Initially this bill was formulated as a ban of slaughter without stunning. But then an amendment was included with the clause that this form of slaughter was allowed, provided it can be proven that animal welfare is not more affected than in regular slaughter. This would result in a de facto prohibition. Although the House of Representatives (Tweede Kamer) voted in favor of this bill, it was rejected by the Senate (Eerste Kamer), much to the relief of the Jewish and Muslim communities in the Netherlands. Jews and Muslims must meet with several rules according to their faith while slaughtering animals. One of these rules is that animals are killed without prior stunning. This contribution focuses on arguments regarding animal welfare against and religious arguments for slaughter without stunning. |
Agenda |
Agenda |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 1 2014 |
Redactioneel |
Criminaliteit en criminologie in een gedigitaliseerde wereld |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 4 2013 |
Trefwoorden | cybercrime, cyberspace, criminology |
Auteurs | Dr. Judith van Erp, Prof. dr. Wouter Stol en Dr. Johan van Wilsem |
SamenvattingAuteursinformatie |
This special issue introduces the topic of cybercrime to Dutch criminology. First, it raises the major substantive issues that computer technology involves for criminology, in terms of crime volume, people involved in crime, and the ways that crimes are committed. Also, it deals with research literature on cybercrime on various topics, such as survey methodology, crime prevention and Internet applications open to justice professionals in the fight against crime. Overall, the article concludes that much research remains to be done in this relatively new field. |
Artikel |
Muziek, criminaliteit en cultuur |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 3 2013 |
Trefwoorden | Music, Crime, Culture, Criminology |
Auteurs | Tom Decorte en Dina Siegel |
SamenvattingAuteursinformatie |
Various disciplines have a longstanding tradition of studying musical genres and the various functions of music, but few criminologists focus on music in their scientific work. This article discusses various relationships between music, crime and culture. We discuss the hypothesis of ‘criminogenic’ music genres, and countless examples of criminalisation of music. We point at the stilistic importance of music genres for subcultures and social movements, and we raise ethical aspects: music can also be used as an instrument of (symbolic) violence, as a punishment or even as torture. Finally, we discuss other functional uses of music: as a vehicle for human emotions, for therapeutic purposes, to influence the behavior of employees and consumers, to enhance feelings of public safety, and to prevent crime and nuisance. |