Zoekresultaat: 98 artikelen

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Artikel

De discretionaire ruimte bij het gebruik van geweld: hoe kleiner, hoe beter?

Tijdschrift Tijdschrift voor Criminologie, Aflevering 4 2016
Trefwoorden discretionary space, use of force, Training, Survey, hypothetical cases
Auteurs Jannie Noppe
SamenvattingAuteursinformatie

    First line police officers need a certain amount of discretion as they have to deal with various and complex situations on a daily basis. In this article the author examines the extent to which police officers have room for discretion in their use of force. We start from Mastrofski’s proposition that in case of decisions to use deadly force (use of firearm) police officers’ discretionary space must be restricted as much as possible. In case of less intrusive use of force, police officers may have more room for discretion. We used data from a small survey in three local police forces in Belgium to examine whether police officers have similar opinions on the decision to use their firearm – in comparison with the decision to use lower levels of force (non-firearm/non-lethal). Furthermore, we compare police officers who are highly trained in the use of force, with less trained police officers. Our results indicate that police officers are indeed more univocal when it comes to decisions to use their firearm, especially in case of more trained police officers.


Jannie Noppe
J. Noppe is doctoraatstudente bij de onderzoeksgroep IRCP, Vakgroep Criminologie, Strafrecht en Sociaal Recht, Universiteit Gent.
Article

Access_open A Theoretical Framework to Study Variations in Workplace Violence Experienced by Emergency Responders

Integrating Opportunity and Vulnerability Perspectives

Tijdschrift Erasmus Law Review, Aflevering 3 2016
Trefwoorden Workplace aggression, workplace violence, emergency responders, blaming the victim, victimology
Auteurs Lisa van Reemst
SamenvattingAuteursinformatie

    Emergency responders are often sent to the front line and are often confronted with aggression and violence in interaction with citizens. According to previous studies, some professionals experience more workplace violence than others. In this article, the theoretical framework to study variations in workplace violence against emergency responders is described. According to criminal opportunity theories, which integrate the routine activity theory and lifestyle/exposure theory, victimisation is largely dependent on the lifestyle and routine activities of persons. Situational characteristics that could be related to workplace violence are organisational or task characteristics, such as having more contact with citizens or working at night. However, they do not provide insight in all aspects of influence, and their usefulness to reduce victimisation is limited. Therefore, it is important to consider the role of personal characteristics of the emergency responders that may be more or less ‘attractive’, which is elaborated upon by the victim precipitation theory. Psychological and behavioural characteristics of emergency responders may be relevant to reduce external workplace violence. The author argues that, despite the risk of being considered as blaming the victim, studying characteristics that might prevent victimisation is needed. Directions for future studies about workplace violence are discussed. These future studies should address a combination of victim and situation characteristics, use a longitudinal design and focus on emergency responders. In addition, differences between professions in relationships between characteristics and workplace violence should be explored.


Lisa van Reemst
Lisa van Reemst, M.Sc., is a Ph.D. candidate at the Erasmus University Rotterdam.
Artikel

Opinio juris as epistème: A constructivist approach to the use of contested concepts in legal doctrine

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2016
Trefwoorden Opinio juris, Interpretive concepts, Customary law, Constructivism, Pierre Bourdieu, Peter Berger & Thomas Luckmann
Auteurs Associate Professor Olaf Tans
SamenvattingAuteursinformatie

    Seeing that the role of opinio juris in the identification of customary international law is essentially contested, this contribution seeks to explain how this concept plays a fruitful role in legal doctrine despite of, or perhaps even due to, this essential contestedness. To that effect the paper adopts a constructivist perspective, primarily drawing from Bourdieu’s theory of practice and Berger & Luckmann’s ideas about institutionalization. In this perspective, contested concepts such as opinio juris are conceived of as multifaceted tools of knowledge production in the hands of members of epistemic communities.


Associate Professor Olaf Tans
Olaf Tans works as legal philosopher and political scientist at Amsterdam University College and the Centre for the Politics of Transnational Law. His contribution to this special issue is part of a research line focusing on the social construction of normativity in legal doctrine. He has also published about constitutionalism, citizenship, democracy, and most recently (e.g. in Ratio Juris and Law & Literature) about the use of foundational narratives in public deliberation and law-finding.
Artikel

Access_open What Does it Mean to Justify Basic Rights?

Reply to Düwell, Newey, Rummens and Valentini

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 3 2016
Auteurs Rainer Forst
SamenvattingAuteursinformatie

    In this paper, I reply to the four comments on my paper ‘The Justification of Basic Rights: A Discourse-Theoretical Approach’ given by Laura Valentini, Marcus Düwell, Stefan Rummens and Glen Newey.


Rainer Forst
Professor of Political Theory and Philosophy at the Goethe Universität, Frankfurt am Main.
Artikel

Continuïteit en verandering in het Nederlandse gezinsleven

Gezinsvormen, arbeidsmarktparticipatie en tijdsbesteding

Tijdschrift Justitiële verkenningen, Aflevering 4 2016
Trefwoorden divorce, father involvement, female labor force participation, nuclear family, parent-child time
Auteurs Dr. A. Roeters en Dr. F. Bucx
SamenvattingAuteursinformatie

    This article analyses continuity and change in family life in the Netherlands over the last decades. The authors consider three characteristics of families: (1) family types, (2) maternal employment, and (3) parent-child time. Analyses are based on data from the Central Bureau of Statistics and the Dutch Time Use Study. The results indicate that there is both continuity and change. Although two married individuals giving care to their children is still the most common family type, alternative family forms have become more popular, including unmarried cohabiting parents and single-parent families. Furthermore, the division of labor is still strongly gendered: Dutch mothers’ participation on the labor market is limited and they still hold the main responsibility for children. Moreover, children are still most likely to grow up in a household with both a father and mother. There are also indicators of change. Maternal employment is much more prevalent than in the 1970s and fathers’ involvement with children increases.


Dr. A. Roeters
Dr. Anne Roeters is wetenschappelijk onderzoeker bij het Sociaal en Cultureel Planbureau. Haar expertise ligt op het gebied van tijdsbestedingsonderzoek en de combinatie van arbeid en zorg.

Dr. F. Bucx
Dr. Freek Bucx is wetenschappelijk onderzoeker bij het Sociaal en Cultureel Planbureau. Hij doet daar onderzoek naar jeugd en gezin.

    In this article I develop a political realist notion of public reason. It may be thought that a notion of public reason is simply incompatible with the position of the political realist. But this article claims that a realist notion of public reason, different from the familiar political liberal idea of public reason, can be reconstructed from ancient texts on rhetoric and dialectic, particularly Aristotle's. The specification of this notion helps us understand the differences between contemporary liberal and realist positions.


Bertjan Wolthuis
Bertjan Wolthuis is Assistant Professor of Legal Theory at Vrije Universiteit Amsterdam.

    Legal novices are generally not very well educated in the do’s and don’ts of empirical legal research. This article lays out the general principles and discusses the most important stumbling blocks on the way forward. The presentation starts at the formulation of a research question. Next, the methodology of descriptive research (operationalization and measurement, sampling and selection bias) is briefly addressed. The main part of the article discusses the methodology of explanatory research (causal inference, experimental and quasi-experimental research designs, statistical significance, effect size). Medical malpractice law is used as a central source of illustration.


Ben C.J. van Velthoven
Associate professor of Law and Economics at Leiden Law School. I wish to thank Nienke van der Linden, Ali Mohammad and Charlotte Vrendenbargh from Leiden Law School and two anonymous reviewers and the editors of this journal for helpful comments on earlier drafts.
Artikel

Access_open On Experiments in Empirical Legal Research

Tijdschrift Law and Method, maart 2016
Auteurs Prof. dr. Kees van den Bos en Mr. Liesbeth Hulst B.Sc., M.Sc.
Samenvatting

    The current paper presents some observations on experiments in empirical legal research. The paper notes some strengths and weakness of the experimental method. The paper distinguishes between experiments run in controlled laboratory settings and experiments conducted in field settings and notes the different goals the different types of experiments generally have. The paper identifies important stumbling blocks that legal researchers who are new to setting up experiments may face and proposes that focusing the research in a constructive and independent way is important to overcome these problems. The necessity of running multiple studies to overcome other problems are discussed as well. When conducted in this way, experiments may serve an important role in the field of empirical legal studies and may help to further explore the exciting issues of law, society, and human behavior.


Prof. dr. Kees van den Bos

Mr. Liesbeth Hulst B.Sc., M.Sc.
Artikel

Othering refugees: exclusion, containment and spaces of hope

Tijdschrift Tijdschrift over Cultuur & Criminaliteit, Aflevering 1 2016
Trefwoorden refugee camp, space, foreigner dispositif, fieldwork
Auteurs Lynn Musiol MA
SamenvattingAuteursinformatie

    The article examines mechanisms of othering the refugees illustrated on one refugee camp in Germany. Based on the theoretical strand of the foreigner dispositif, I analyze spatial and architectural compositions of the camp to outline the differentiation of ‘we’ (nation state) and ‘others’ (refugees). In the process of othering space excludes, controls and identifies refugees as ‘others’. However, being identified as the other, space can also be conceived as a specific space of hope. The findings shed some light on the link between othering, space and identity.


Lynn Musiol MA
Lynn Musiol is a master student Interna­tional Criminology at the University of Hamburg.
Article

Access_open Austerity in Civil Procedure

A Critical Assessment of the Impact of Global Economic Downturn on Civil Justice in Ghana

Tijdschrift Erasmus Law Review, Aflevering 4 2015
Trefwoorden austerity, small claims, civil justice, civil procedure, Ghana civil procedure
Auteurs Ernest Owusu-Dapaa en Ebenezer Adjei Bediako
SamenvattingAuteursinformatie

    The demand for and availability of civil justice procedures for small claims can neither be disentangled nor extricated from the health of the economic climate of the relevant country concerned. In this article, it is argued that despite not being a developed country, Ghana was not completely insulated from the hardships or implementation of austerity measures that were triggered by the global economic meltdown. The inevitability of behavioural changes on the part of the Government of Ghana as lawmaker and provider of the machinery for civil justice on the one hand and small claims litigants as users of the civil procedure on the other hand are also explored in the article. After properly situating the exploration in the relevant economic context, the article makes recommendations regarding how to minimise the impact of the austerity measures on small claims litigants.


Ernest Owusu-Dapaa
Ernest Owusu-Dapaa is Lecturer in Law at the Kwame Nkrumah University of Science and Technology, Kumasi, Ghana. Email: eodapaa@yahoo.com.

Ebenezer Adjei Bediako
Ebenezer Adjei Bediako is Principal Research Assistant at the Kwame Nkrumah University of Science and Technology, Kumasi, Ghana.
Artikel

Moving access to justice ‘upstream’ from the courts

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2015
Trefwoorden access to justice, legal problems, justice system, legal needs
Auteurs Ab Currie
SamenvattingAuteursinformatie

    A very large number of people experience everyday legal problems considered by them to be serious and difficult to resolve, the vast majority say it is important to resolve these problems, and virtually everybody experiencing legal problems takes some action to resolve them. However, the fact that very few people make use of the formal justice system suggests that the justice system is not meeting the legal needs of the public. One response would be to expand the traditional formal justice system to include an early-resolution services sector. An ERSS would encompass the early intervention and supported self-help objectives of many existing access to justice initiatives, but would go farther by conceiving what we mean by the justice system more broadly in a way that would accommodate what the everyday legal problems approach tells us about how the public experiences legal problems.


Ab Currie
Ab Currie, Ph.D. (Sociology, University of Toronto), is Senior Research Fellow at the Canadian Forum on Civil Justice, where he is currently involved in a range of research on access to civil justice mainly. Prior to joining the Forum, Ab was for over 30 years Principal Researcher in areas of legal aid and access to justice at the Federal Department of Justice in Canada. He has conducted extensive research in criminal and civil legal aid, in particular on unmet need for criminal legal aid and on the civil justice problems experienced by the public. Contact by email at abcurrie@sympatico.ca or acurrie@cfcj-fcjc.org.
Artikel

Social security and social welfare: barriers and retrograde policies, but cause for optimism?

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2015
Trefwoorden social security, legal representation, means-testing, Britain, fees
Auteurs Amir Paz-Fuchs
SamenvattingAuteursinformatie

    This contribution addresses the limits placed on access to justice in the context of social services, with a particular, but not exclusive, focus on the UK, across five central platforms: legal representation, the financial barriers, the structure of the programme, the attitude of the bureaucracy, and the personal attributes of the client. The contribution finds that there exist, for decades, problematic elements that constitute barriers to justice in this area: the means-tested element in the programmes and the bureaucracy’s double role as provider of services and detector of fraud. But to them, in recent years, significant barriers were added: recent cuts in legal aid and the imposition of tribunal fees in the UK are retrograde steps, reverting 40 years of impressive achievements in the field.


Amir Paz-Fuchs
Amir Paz-Fuchs (D. Phil Oxford) is a Senior Lecturer at the School of Law, University of Sussex, where he teaches employment law, public law, and legal theory. In addition, he is a Visiting Research Fellow at the Centre for Socio-Legal Studies and a Research Associate at Wolfson College, both at the University of Oxford. He is also Co-Director of the ‘The Limits of Privatization’ research project, based at the Van Leer Institute in Jerusalem. He also served on the board of several human rights and social justice NGOs.
Artikel

Merits testing in the English legal aid system: exploring its impact in asylum cases

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2015
Trefwoorden access to justice, asylum seekers, merits testing, English legal aid system
Auteurs Tamara Butter
SamenvattingAuteursinformatie

    In recent years, there has been much discussion on the legal aid cuts and reforms in England and Wales, and the possible consequences this would have on access to justice for vulnerable groups in society, including immigrants and asylum seekers. This contribution focuses on one element of the English legal aid system: merits testing by legal aid providers in asylum cases. It explores whether and, if so, how this aspect may affect the access to justice for asylum seekers lacking the financial means to pay privately for legal assistance and representation. The findings indicate that a merits test which makes access to legal aid on appeal conditional upon a case having at least 50% prospect of success and makes legal aid providers responsible for conducting this assessment may compromise asylum seekers’ ability to achieve justice both within and outside the existing body of law.


Tamara Butter
Tamara Butter is a PhD candidate at the Institute for Sociology of Law/Centre for Migration Law of the Radboud University of Nijmegen. Her research consists of a comparative case study into the professional decision making of asylum legal aid lawyers in the Netherlands and England.
Artikel

Access to justice in consumer law

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2015
Trefwoorden consumer law, enforcement of consumer rights, costs of procedure, obstacles for enforcement
Auteurs Marco Loos
SamenvattingAuteursinformatie

    In many areas of private law, mandatory substantive law protects consumers. In this contribution, I will argue that awarding consumer rights without properly regulating the consumer’s access to the court system renders these rights unenforceable through the ordinary courts. Several obstacles to the proper enforcement of consumer rights by individuals are identified, ranging from consumers’ lack of knowledge of their rights to the formalities of proceedings, the use of complex jargon and the costs involved in court procedures. It is argued that these obstacles produce such disincentives for consumers to maintain their rights that the result is that they do so in an insufficient manner, which leads to under-enforcement of consumer law.


Marco Loos
Marco Loos is Professor of Private Law, in particular of European consumer law, at the Centre for the Study of European Contract Law of the University of Amsterdam in the Netherlands and member of the Board of the Ius Commune Research School.

    When discussing O. W. Holmes’s answer to the question What constitutes the law? Morton White underlines the fact that Holmes’s inquiry didn’t focus on developing the concept of law. White states: '…Holmes said little in The Path of the Law about the notion of legal authority, perhaps because he was interested not in what he called a "useless quintessence of all legal systems" but in "an accurate anatomy of one"'. Such ambition (or lack of ambition) is characteristic of many pragmatic enterprises in the field of jurisprudence. However, sometimes the opposition between legal pragmatism and other legal theories is built upon a reference to the notion of the 'nature' or 'essence' of law. Many legal philosophers who aim to reveal the very 'nature of law' (or 'the concept of law' as H. L. A. Hart did) try to interpret Holmes and other pragmatists as offering a competitive view to their own. I will follow White’s early intuition that such a construal of the controversy is simply wrong. Afterwards I will sketch a portrait of legal pragmatism in the context of White’s own inquiry and his version of 'holistic pragmatism'; thirdly, I will present in brief the main reasons for exploring the concept of law in the contemporary analytic philosophy of law. Then I will show that traditionally 'pragmatic' and 'analytic' efforts in legal theory are situated on different levels of generality and conceptuality. However, these efforts can be, at least to some extent, reordered under the aegis of holistic pragmatism.


Adam Michał Dyrda
Adjunct Professor, Department of Legal Theory, Faculty of Law, Jagiellonian University, Cracow, Poland. Contact: adam.dyrda@uj.edu.pl; http://jagiellonian.academia.edu/AdamDyrda.
Artikel

Het werk van de familierechercheur: een bron van stress of een bron van persoonlijke groei?

Tijdschrift PROCES, Aflevering 3 2015
Trefwoorden Familierechercheurs, werkgerelateerde stress, secundaire traumatische stress, secundaire posttraumatische groei
Auteurs Marieke Saan MSc, Lidewij Bollen MSc en Dr. Mr. Maarten Kunst
SamenvattingAuteursinformatie

    Dutch family liaison officers inform and support trauma victims or their relatives. Recent studies suggest that professionals working with trauma victims may develop work-related stress. However, other studies have shown that professionals can also develop personal growth from their experiences with traumatized persons. This study was the first to investigate to what extent Dutch family liaison officers experience work-related stress or personal growth. Results suggest that the majority of the respondents experience no or very low levels of work-related stress. Levels of personal growth appear to be rather low as well, but seem to be more broadly dispersed. These findings suggest that Dutch family liaison officers are able to cope with the potentially negative effects of their work and even experience positive outcomes from working with traumatized persons. In spite of this, many participants provided suggestions for further improvement of their work practices.


Marieke Saan MSc
Marieke Saan MSc is afgestudeerd als forensisch criminoloog aan de Universiteit Leiden. Ten tijde van dit onderzoek was zij werkzaam als junior onderzoeker bij Universiteit Leiden. Thans is zij verbonden als promovendus aan de afdeling Methoden en Statistiek van de faculteit Sociale Wetenschappen aan de Universiteit van Utrecht.

Lidewij Bollen MSc
Lidewij Bollen MSc is afgestudeerd als forensisch criminoloog aan de Universiteit Leiden. Ten tijde van dit onderzoek was zij werkzaam als junior onderzoeker bij Universiteit Leiden. Op dit moment is zij werkzaam als Trainee Overheid bij Newpublic.

Dr. Mr. Maarten Kunst
Dr. mr. Maarten Kunst is universitair hoofddocent aan het instituut voor Strafrecht & Criminologie van de Universiteit Leiden.
Artikel

Access_open Kelsen, Secular Religion, and the Problem of Transcendence

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 2 2015
Trefwoorden Kelsen, secular religion, Voegelin, Schmitt, transcendence
Auteurs professor Bert van Roermund
SamenvattingAuteursinformatie

    An alleged ‘return to religion’ in contemporary western politics (and science) prompted the Trustees of the Hans Kelsen Institut to posthumously publish Kelsen’s critique of the concept of ‘secular religion’ advanced by his early student Eric Voegelin. This paper identifies, firstly, what concept of transcendence is targeted by Kelsen, and argues that his analysis leaves scope for other conceptions. It does so in two steps: it summarizes the arguments against ‘secular religion’ (section 2) and it gives an account of the differences between Voegelin’s and Schmitt’s conception of transcendence – both under attack from Kelsen (section 3). It then submits an alternative account of the relationship between politics and religion in Modernity, building on the concept of a ‘civil religion’ as found in Rousseau’s Social Contract. Giving a Rousseauist slant to Claude Lefort’s analysis of political theology (section 4) it concludes that a thin concept of transcendence is part and parcel of every, in particular a democratic, account of politics. It should be a stronghold against any resurgence of religion that feeds on hypostatized transcendence. In closing (section 5), it is argued that two key concepts in Kelsen’s legal philosophy may well be understood as paradigms of thin transcendence, namely ‘the people’ and ‘the Grundnorm’.


professor Bert van Roermund
Bert van Roermund is professor (em.) of philosophy at Tilburg Law School and international correspondent of the Hans Kelsen Institute in Vienna.

    The article considers the role of the liberal public-private divide in protecting religious minorities against national-majoritarian assault. It links the defence of the public-private divide to liberal neutrality and argues that it rests on two distinct propositions: that the distinction between the ’public sphere’ and the ’private sphere’ is a meaningful way to cognize and structure modern pluralistic societies; and that there is a meaningful way to distinguish what is or ought to be ‘public’ from what is or ought to be ‘private.’ While the latter proposition cannot be defended on grounds of liberal neutrality, the former proposition provides the institutional framework for conducting liberal politics by enabling the negotiation of the public and the private between national majorities and religious minorities as members of the same political community.


Daniel Augenstein
Daniel Augenstein is Associate Professor at the Department of European and International Public Law at Tilburg University.

    How best to account for moral quality in adjudication? This article proposes a six-pack of judicial virtues as part of a truly virtue-centred approach to adjudication. These virtues are presented as both constitutive and indispensible for realizing moral quality in adjudication. In addition, it will be argued that in order to honour the inherent relational dimension of adjudication a judge should not only possess these judicial virtues to a sufficient degree, he should also have the attitude of a civic friend. The Aristotelian concept of civic friendship will be proposed as an important complement to a virtue-ethical approach to adjudication.


Iris van Domselaar
Iris van Domselaar is Assistant Professor and Executive Director of the Amsterdam Centre on the Legal Professions (ACLP), Department of Law, University of Amsterdam.
Diversen

Sociology of law in European civil law countries

Some remarks and correspondent proposals

Tijdschrift Recht der Werkelijkheid, Aflevering 1 2015
Trefwoorden socio-legal studies, high theory, research, achievements and gaps
Auteurs Vincenzo Ferrari
SamenvattingAuteursinformatie

    In continental Europe, post-war sociology of law passed through diverse phases, swinging between grand theorizing and empirical research. In the last two decades, socio-legal studies have shown a more balanced approach with respect to these models. Neo-functionalism à-la Luhmann still takes the lead in high theory, although some more eclectic voices make themselves heard and some signs of renaissance of conflict theories have become visible again. Through an overview of the recent editorial policy of three influential journals in France, Germany and Italy, the author highlights that middle range socio-legal theory has successfully dealt with some relevant aspects of legal change of the last decades, in such fields as criminal justice, migrations, or family law. Yet, it has left aside other and no less important aspects, such as commerce and property laws, common goods, environment, and other crucial questions of our times. Thus, there is a risk for sociology of law not to perform its critical and pioneering task that belongs to its own tradition.


Vincenzo Ferrari
Vincenzo Ferrari is emeritus professor of philosophy and sociology of law. He has taught in the Universities of Cagliari, Bologna and Milan, and has been a visiting professor in diverse world’s academic institutions. He chaired the ISA Research Committee on Sociology of Law and was among the founders of the IISL, Oñati.
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