Zoekresultaat: 197 artikelen

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Willem H. van Boom
Prof dr. Willem van Boom is a professor of law. As of August 2014, he holds tenure at Leiden Law School.

    The Versailles Treaty (Art. 227) called for the prosecution of Wilhelm II, the German ex-Kaiser. Because of the refusal of the Dutch Government to surrender Wilhelm, a trial never took place. This paper tries to elaborate some questions concerning this possible trial. What was the background of the said Treaty paragraph? What would have happened when Wilhelm had been surrendered? Based on a report of a special committee to the peace conference, the possible indictment is discussed. The authors try to elaborate some thoughts for answering the question about Wilhelm’s criminal responsibility, especially as author of the war (‘ius ad bellum’) by starting an aggressive war and/or by violating the neutrality of Belgium and Luxemburg. Wilhelm’s possible responsibility for violations of the ‘ius in bello’ (laws and customs of war) in Belgium, France, and Poland and/or by ordering an unlimited submarine war is discussed as well. It is concluded that it would have been very difficult for the tribunal to have Wilhelm find criminal responsible for the indictment, except for the violation of the neutrality of Belgium and Luxemburg. But then, the tribunal would have been obliged to answer fundamental questions about the command responsibility of Wilhelm. From a point of view of international criminal law, it is rather unfortunate that the unique opportunity for a ‘Prologue to Nuremberg’ was not realised, although a trial would not have made history take a different turn than it did in the twentieth century after the ‘Great War’.


Paul Mevis
P.A.M. Mevis is professor of criminal law at the Erasmus University Rotterdam. Prof. Mevis wrote before ‘De berechting van Wilhelm II’, in J. Dohmen, T. Draaisma & E. Stamhuis (ed.), Een kwestie van grensoverschrijding. Liber amicorum P.E.L. Janssen (2009), at 197-231.

Jan M. Reijntjes
J.M. Reijntjes is professor of (international) criminal law at the University of Curaçao.
Article

Access_open The Ambivalent Shadow of the Pre-Wilsonian Rise of International Law

Tijdschrift Erasmus Law Review, Aflevering 2 2014
Trefwoorden American Society of International Law, Peace-Through-Law Movement, Harvard Law Library: League of Nations, President Woodrow Wilson, Pre-Wilsonianism
Auteurs Dr Ignacio de la Rasilla del Moral Ph.D.
SamenvattingAuteursinformatie

    The generation of American international lawyers who founded the American Society of International Law in 1906 and nurtured the soil for what has been retrospectively called a 'moralistic-legalistic approach to international relations' remains little studied. A survey of the rise of international legal literature in the United States from the mid-nineteenth century to the eve of the Great War serves as a backdrop to the examination of the boosting effect on international law of the Spanish American War in 1898. An examination of the Insular Cases before the US Supreme Court is then accompanied by the analysis of a number of influential factors behind the pre-war rise of international law in the United States. The work concludes with an examination of the rise of natural law doctrines in international law during the interwar period and the critiques addressed by the realist founders of the field of 'international relations' to the 'moralistic-legalistic approach to international relations'.


Dr Ignacio de la Rasilla del Moral Ph.D.
Ignacio de la Rasilla del Moral is Lecturer in Law at the Brunel Law School of Brunel University, London. In the Spring of 2014 he served as Visiting Research Fellow at the Lauterpacht Research Centre for International Law of the University of Cambridge as recipient of a British Academy/Leverhulme Small Research Grant.
Article

Access_open Unexpected Circumstances arising from World War I and its Aftermath: ‘Open’ versus ‘Closed’ Legal Systems

Tijdschrift Erasmus Law Review, Aflevering 2 2014
Trefwoorden First World War, law of obligations, unforeseen circumstances, force majeure, frustration of contracts
Auteurs Janwillem Oosterhuis Ph.D.
SamenvattingAuteursinformatie

    European jurisdictions can be distinguished in ‘open’ and ‘closed’ legal systems in respect of their approach to unexpected circumstances occurring in contractual relations. In this article, it will be argued that this distinction can be related to the judiciary’s reaction in certain countries to the economic consequences of World War I. The first point to be highlighted will be the rather strict approach to unexpected circumstances in contract law that many jurisdictions had before the war – including England, France, Germany, and the Netherlands. Secondly, the judicial approach in England, France, Germany, and the Netherlands to unexpected circumstances arising from the war will be briefly analysed. It will appear that all of the aforementioned jurisdictions remained ‘closed’. Subsequently, the reaction of the judiciary in these jurisdictions to the economic circumstances in the aftermath of the war, (hyper)inflation in particular, will be analysed. Germany, which experienced hyperinflation in the immediate aftermath of the war, developed an ‘open’ system, using the doctrine of the Wegfall der Geschäftsgrundlage. In the Netherlands, this experience failed to have an impact: indeed, in judicial practice the Netherlands appears to have a ‘closed’ legal system nevertheless, save for an ‘exceptional’ remedy in the new Dutch Civil Code, Article 6:258 of the Burgerlijk Wetboek (1992). In conclusion, the hypothesis is put forward that generally only in jurisdictions that have experienced exceptional economic upheaval, such as the hyperinflation in the wake of World War I, ‘exceptional’ remedies addressing unexpected circumstances can have a lasting effect on the legal system.


Janwillem Oosterhuis Ph.D.
Janwillem Oosterhuis is Assistant Professor in Methods and Foundations of Law at the Maastricht University Faculty of Law.
Artikel

Access_open Introduction: Reciprocity and the Normativity of Legal Orders

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 2 2014
Trefwoorden reciprocity, normativity
Auteurs Prof. Dr. Hans Lindahl PhD en Bart van Klink
SamenvattingAuteursinformatie

    This contribution introduces the special issue, which contains a selection of the lectures delivered by key-note speakers during the Summer School organized by the editors in August, 2013, at the behest of the Section of Ethics & Practical Philosophy of the Dutch Research School of Philosophy (OZSW).


Prof. Dr. Hans Lindahl PhD
Hans Lindahl is Professor of Legal Philosophy at Tilburg University.

Bart van Klink
Bart van Klink is Professor of Legal Methodology at the VU University Amsterdam.
Artikel

Access_open Liberalism and Societal Integration: In Defence of Reciprocity and Constructive Pluralism

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 2 2014
Trefwoorden societal integration, liberalism, conflict, constructive pluralism, citizenship, national communities
Auteurs Dora Kostakopoulou PhD
SamenvattingAuteursinformatie

    Communities can only be dynamic and projective, that is, oriented towards new and better forms of cooperation, if they bring together diverse people in a common, and hopefully more equal, socio-political life and in welfare. The latter requires not only back-stretched connections, that is, the involvement of co-nationals and naturalized persons, but also forward-starched connections, that is, the involvement of citizens in waiting. Societal integration is an unhelpful notion and liberal democratic polities would benefit from reflecting critically on civic integration policies and extending the norm of reciprocity beyond its assigned liberal national limits. Reciprocity can only be a comprehensive norm in democratic societies - and not an eclectic one, that is, either co-national or co-ethnic.


Dora Kostakopoulou PhD
Dora Kostakopoulou is currently Professor of European Union Law, European Integration and Public Policy at Warwick University. Her research interests include European public law, free movement of persons and European Union citizenship, the area of freedom, security and justice, migration law and politics, citizenship, multiculturalism and integration, democracy and legitimacy in the EU, law and global governance, political theory and constructivism, and, fairly recently, equality law.
Artikel

Access_open The Public Conscience of the Law

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 2 2014
Trefwoorden Hobbes, reciprocity, rule of Law, conscience, legality, liberty
Auteurs David Dyzenhaus PhD
SamenvattingAuteursinformatie

    I focus on Hobbes’s claim that the law is ’the publique Conscience, by which [the individual] (…) hath already undertaken to be guided.’ This claim is not authoritarian once it is set in the context of his complex account, which involves three different relationships of reciprocity: the contractarian idea that individuals in the state of nature agree with one another to institute a sovereign whose prescriptions they shall regard as binding; the vertical, reciprocal relationship between ruler and ruled; and the horizontal relationship between individuals in the civil condition, made possible by the existence of the sovereign who through enacting laws dictates the terms of interaction between his subjects. The interaction of these three relationships has the result that subjects relate to each other on terms that reflect their status as free and equal individuals who find that the law enables them to pursue their own conceptions of the good.


David Dyzenhaus PhD
David Dyzenhaus is a Professor of Law and Philosophy at the University of Toronto, and a Fellow of the Royal Society of Canada. His books include Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (now in its second edition) and Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar.
Artikel

Detentiebeleving van strafrechtelijk gedetineerden zonder verblijfsrecht

Tijdschrift Tijdschrift voor Criminologie, Aflevering 2 2014
Trefwoorden detention, detention experiences, importation theory, deprivation theory, foreign national prisoners without legal residence
Auteurs Mieke Kox MA, Steven de Ridder MSc, An-Sofie Vanhouche MSc e.a.
SamenvattingAuteursinformatie

    The detention experiences of male criminal foreign national prisoners without legal residence receive little attention in penological literature. A qualitative study amongst 30 prisoners with and 16 prisoners without legal residence in the penitentiary institution Tilburg shows that contacts with the social network and the preparation of the reintegration in society are (more) complicated for foreign national prisoners without legal residence. Besides, communication with the staff is more difficult for this group. These factors have negative impact on their detention experiences. The results show that both deprivation and importation theory apply to foreign national prisoners without legal residence. However, importation aspects – especially the lack of legal residence – may substantially and systematically increase the deprivation and result in additional exclusion and isolation mechanisms for this particular group.


Mieke Kox MA
M. Kox, MA is werkzaam bij de sectie criminologie van de Erasmus Universiteit Rotterdam, waar zij promotieonderzoek uitvoert naar de betekenis van het immigratiebeleid voor aangehouden en/of gedetineerde illegaal verblijvende vreemdelingen en de invloed hiervan op hun terugkeerintenties. Tijdens het onderzoek in de PI Tilburg in 2012 was zij als onderzoeker bij de Universiteit Utrecht werkzaam.

Steven de Ridder MSc
S. de Ridder, MSc is assistent bij de vakgroep Criminologie en doctoraal onderzoeker binnen de onderzoekslijn Penalty & Society van de onderzoeksgroep Crime & Society van de Vrije Universiteit Brussel. Zijn doctoraat richt zich op de detentiebeleving en de invrijheidstellingsprocedures van strafrechtelijk gedetineerde vreemdelingen.

An-Sofie Vanhouche MSc
A.-S. Vanhouche, MSc is verbonden aan de onderzoeksgroep Crime & Society, onderzoekslijn Penalty & Society, van de vakgroep Criminologie van de Vrije Universiteit Brussel. Ze voert een doctoraatsonderzoek naar de rol van voeding in gevangeniscontext en was tijdens het onderzoek in de PI Tilburg als onderzoeker bij dit project betrokken.

Prof. dr. Miranda Boone
Prof. dr. M. Boone is bijzonder hoogleraar penologie en penitentiair recht aan de Rijksuniversiteit Groningen en universitair hoofddocent strafrecht en criminologie aan de Universiteit Utrecht.

Prof. dr. Kristel Beyens
Prof. dr. K. Beyens is hoogleraar penologie en voorzitter van de vakgroep Criminologie, faculteit recht en criminologie van de Vrije Universiteit Brussel. Ze coördineert de onderzoekslijn Penalty & Society binnen de onderzoeksgroep Crime & Society

Prof. Arnaud de Graaf
Erasmus School of Law, Erasmus University Rotterdam.

Prof. dr. Klaus Heine
Erasmus School of Law, Tax Law Department, Erasmus University Rotterdam.
Article

Access_open The Economics and Empirics of Tax Competition: A Survey and Lessons for the EU

Tijdschrift Erasmus Law Review, Aflevering 1 2014
Trefwoorden tax competition, tax coordination, European Union, fiscal federalism
Auteurs Thushyanthan Baskaran Ph.D. en Mariana Lopes da Fonseca
SamenvattingAuteursinformatie

    We survey the theoretical and empirical literature on local and international tax competition in Economics. On the basis of this survey, we discuss whether EU countries should harmonise tax policies to prevent a race to the bottom. Much of the evidence suggests that tax competition does not lead to significant reductions in tax revenues. Therefore, we conclude that tax coordination is in all likelihood unnecessary to prevent inefficiently low levels of taxation in the EU. But since the evidence against the adverse effects of tax competition is not unambiguous, we also discuss whether intergovernmental transfers might be a less invasive means than outright tax harmonisation to prevent a race to the bottom.


Thushyanthan Baskaran Ph.D.
University of Goettingen, Germany.

Mariana Lopes da Fonseca
University of Goettingen, Germany.
Article

Access_open Company Tax Integration in the European Union during Economic Crisis – Why and How?

Tijdschrift Erasmus Law Review, Aflevering 1 2014
Trefwoorden company tax harmonisation, EU law, Internal Market, taxation policies
Auteurs Anna Sting LL.M
SamenvattingAuteursinformatie

    Company tax integration in the EU is yet to be realised. This article first outlines the main benefits of company tax integration for the Economic and Monetary Union, and also discusses the main legal obstacles the EU Treaties pose for harmonisation of company tax. The main problem identified is the unanimity requirement in the legal basis of Article 115 TFEU. As this requirement is currently not feasible in the political climate of the debt crisis, this article assesses possible reasons for and ways to further fiscal integration. It considers Treaty change, enhanced cooperation, soft law approaches and also indirect harmonisation through the new system of economic governance. Eventually, a possible non-EU option is considered. However, this article recommends making use of the current EU law framework, such as soft law approaches and the system of the new economic governance to achieve a more subtle and less intrusive tax harmonisation, or instead a Treaty change that would legitimately enhance and further economic integration in the field of taxation.


Anna Sting LL.M
PhD Candidate at the Department of International and European Union Law, Erasmus University Rotterdam. The author would like to thank the organisers of the seminar on Company Tax Integration in the European Union, as well as the participants of the seminar of 11 June 2013 for their comments, as well as Prof. Fabian Amtenbrink for comments on an earlier draft of this paper.
Artikel

Access_open The Right to Have Rights as the Right to Asylum

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 1 2014
Trefwoorden Arendt, asylum, refugeeship, right to have rights, statelessness de facto and de jure
Auteurs Nanda Oudejans
SamenvattingAuteursinformatie

    This article argues that the right to have rights, as launched by Hannah Arendt, is relative to refugee displacement and hence translates as a right to asylum. It takes issue with the dominant view that the public/private divide is the locus classicus of the meaning of this primordial right. A different direction of thought is proposed, proceeding from Arendt’s recovery of the spatiality of law. The unencompassibility of place in matters of rights, freedom and equality brings this right into view as a claim at the behest of those who have lost a legal place of their own. This also helps us to gain better understanding of Arendt’s rebuttal of the sharp-edged distinction between refugees and stateless persons and to discover the defiant potential of the right to have rights to illuminate the refugee’s claim to asylum as a claim to an own place where protection can be enjoyed again.


Nanda Oudejans
Nanda Oudejans is an independent researcher in philosophy of law and political philosophy.
Artikel

Access_open ‘I’d like to learn what hegemony means’

Teaching International Law from a Critical Angle

Tijdschrift Law and Method, 2013
Trefwoorden Bildung, cultural hegemony, international law, teaching
Auteurs Christine E.J. Schwöbel-Patel
SamenvattingAuteursinformatie

    This contribution explores the possibility of teaching international law in a critical fashion. I examine whether the training which is taking place at law schools is establishing and sustaining a cultural hegemony (a term borrowed from Antonio Gramsci). I ask whether the current focus on technical practice-oriented teaching is a condition which should be questioned, even disrupted? In my thoughts on reorientations of this culture, a central term is the German word Bildung. Bildung refers to knowledge and education as an end in itself (John Dewey) as well as an organic process (Hegel), and therefore incorporates a wider understanding than the English word ‘education’. In terms of international law, a notion of Bildung allows us to acknowledge the political nature of the discipline; it may even allow us to ‘politicize’ our students.


Christine E.J. Schwöbel-Patel
Christine E.J. Schwöbel-Patel is Lecturer in Law at University of Liverpool.
Article

Access_open From Legal Pluralism to Public Justification

Tijdschrift Erasmus Law Review, Aflevering 3/4 2013
Trefwoorden legal pluralism, diversity and law, law and justification, concept of law
Auteurs Dr. Emmanuel Melissaris
SamenvattingAuteursinformatie

    The paper offers an argument for a conception of legal pluralism, which has some substantive upshots and at least partly alleviates that legal pluralism may regress to rampant relativism. In particular, I will argue that law in its pluralist conception is inextricably linked to the requirement of public justification. This is not by way of appealing to any transcendental normative ideals but as a matter of entailment of the very practice of law. But, perhaps to the disappointment of many, this procedural requirement is the only practical consequence of the concept of law. For thicker, substantive limits to what law can do and for ways in which legal pluralism may be reduced in real contexts one will have to turn to the actual circumstances furnishing the law with content and a different kind of thinking about the law.


Dr. Emmanuel Melissaris
Associate Professor of Law, Law Department, London School of Economics and Political Science. I am grateful to Sanne Taekema and Wibo van Rossum as well as the two anonymous referees for their helpful critical comments. A version of this paper was presented at the School of Law, Queen Mary University of London. I am indebted to all the participants in that seminar and particularly to Roger Cotterrell, Ann Mumford, Maskymilian del Mar, Prakash Shah, Valsamis Mitsilegas, Wayne Morrison, Michael Lobban, Richard Nobles and David Schiff. Many thanks also to Sean Coyle, George Pavlakos, Alexis Galan Avila and Mariano Croce for their valuable comments on earlier drafts of the paper. I am solely responsible for all remaining errors.
Article

Access_open A Turn to Legal Pluralism in Rule of Law Promotion?

Tijdschrift Erasmus Law Review, Aflevering 3/4 2013
Trefwoorden legal pluralism, rule of law promotion, legal reform, customary law, non-state legal systems, donor policy
Auteurs Dr.mr Ronald Janse
SamenvattingAuteursinformatie

    Over the past 25 years, international organizations, NGOs and (mostly Western) states have spent considerable energy and resources on strengthening and reforming legal systems in developing countries. The results of these efforts have generally been disappointing, despite occasional successes. Among donors, one of most popular explanations of this failure in recent years is that rule of law promotion has wrongly focused almost exclusively on strengthening the formal legal system. Donors have therefore decided to 'engage' with informal justice systems. The turn to legal plu‍ra‍lism is to be welcomed for various reasons. But it is also surprising and worrisome. It is surprising because legal pluralism in developing countries was a fact of life before rule of law promotion began. What made donors pursuing legal reform blind to this reality for so long? It is worrisome because it is not self-evident that the factors which have contributed to such cognitive blindness have disappeared overnight. Are donors really ready to refocus their efforts on legal pluralism and 'engage' with informal justice systems? This paper, which is based on a review of the literature on donor engamenet with legal pluralism in so-called conflict affected and fragile states, is about these questions. It argues that 7 factors have been responsible for donor blindness regarding legal pluralism. It questions whether these factors have been addressed.


Dr.mr Ronald Janse
Ronald Janse is Associate Professor of Law, University of Amsterdam, The Netherlands.
Article

Access_open At the Crossroads of National and European Union Law. Experiences of National Judges in a Multi-level Legal Order

Tijdschrift Erasmus Law Review, Aflevering 3/4 2013
Trefwoorden national judges, legal pluralism, application of EU law, legal consciousness, supremacy and direct effect of EU law
Auteurs Urszula Jaremba Ph.D.
SamenvattingAuteursinformatie

    The notion and theory of legal pluralism have been witnessing an increasing interest on part of scholars. The theory that originates from the legal anthropological studies and is one of the major topical streams in the realm of socio-legal studies slowly but steady started to become a point of departure for other disciplines. Unavoidably it has also gained attention from the scholars in the realm of the law of the European Union. It is the aim of the present article to illustrate the legal reality in which the law of the Union and the national laws coexist and intertwine with each other and, subsequently, to provide some insight on the manner national judges personally construct their own understanding of this complex legal architecture and the problems they come across in that respect. In that sense, the present article not only illustrates the new, pluralistic legal environment that came into being with the founding of the Communities, later the European Union, but also adds another dimension to this by presenting selected, empirical data on how national judges in several Member States of the EU individually perceive, adapt to, experience and make sense of this reality of overlapping and intertwining legal orders. Thus, the principal aim of this article is to illustrate how the pluralistic legal system works in the mind of a national judge and to capture the more day-to-day legal reality by showing how the law works on the ground through the lived experiences of national judges.


Urszula Jaremba Ph.D.
Urszula Jaremba, PhD, assistant professor at the Department of European Union Law, School of Law, Erasmus University Rotterdam. I am grateful to the editors of this Special Issue: Prof. Dr. Sanne Taekema and Dr. Wibo van Rossum as well as to the two anonymous reviewers for their useful comments. I am also indebted to Dr. Tobias Nowak for giving me his consent to use the data concerning the Dutch and German judges in this article. This article is mostly based on a doctoral research project that resulted in a doctoral manuscript titled ‘Polish Civil Judges as European Union Law Judges: Knowledge, Experiences and Attitudes’, defended on the 5th of October 2012.
Article

Access_open An Eclectic Approach to Loyalty-Promoting Instruments in Corporate Law: Revisiting Hirschman's Model of Exit, Voice, and Loyalty

Tijdschrift Erasmus Law Review, Aflevering 2 2013
Trefwoorden Eclecticism, corporate law & economics, corporate constitutionalism, loyalty-promoting instruments
Auteurs Bart Bootsma MSc LLM
SamenvattingAuteursinformatie

    This essay analyses the shareholder role in corporate governance in terms of Albert Hirschman's Exit, Voice, and Loyalty. The term 'exit' is embedded in a law & economics framework, while 'voice' relates to a corporate constitutional framework. The essay takes an eclectic approach and argues that, in order to understand the shareholder role in its full breadth and depth, the corporate law & economics framework can 'share the analytical stage' with a corporate constitutional framework. It is argued that Hirschman's concept of 'loyalty' is the connecting link between the corporate law & economics and corporate constitutional framework. Corporate law is perceived as a Janus head, as it is influenced by corporate law & economics as well as by corporate constitutional considerations. In the discussion on the shareholder role in public corporations, it is debated whether corporate law should facilitate loyalty-promoting instruments, such as loyalty dividend and loyalty warrants. In this essay, these instruments are analysed based on the eclectic approach. It is argued that loyalty dividend and warrants are law & economics instruments (i.e. financial incentives) based on corporate constitutional motives (i.e. promoting loyalty in order to change the exit/voice mix in favour of voice).


Bart Bootsma MSc LLM
PhD candidate in the corporate law department at Erasmus School of Law, Erasmus University Rotterdam. Email: bootsma@law.eur.nl. The research for this article has been supported by a grant from the Netherlands Organisation for Scientific Research (NWO) in the Open Competition in the Social Sciences 2010. The author is grateful to Ellen Hey, Klaus Heine, Michael Faure, Matthijs de Jongh and two anonymous reviewers for their constructive comments and suggestions. The usual disclaimer applies.
Artikel

Kiezen voor stadsrepublieken? Over administratieve afhandeling van overlast in de steden

Tijdschrift Tijdschrift voor Veiligheid, Aflevering 2 2013
Trefwoorden social disorder, incivility, governance, communal sanctions, Mayor
Auteurs Elke Devroe
SamenvattingAuteursinformatie

    The theme of governing anti-social behaviour and incivilities in the public space became more important on the policy and research agenda over the last twenty years. This article describes the law on incivilities in Belgium, namely the ‘administrative communal sanctions’ (GAS). This law is studied in a broader context of contemporary crime control and its organizing patterns. The development of the politics of behaviour can be explained by different characteristics of the period referred to as the late modernity. In the dissertation ‘A culture of control?’ (Devroe 2012) we studied the application and the concrete strategies behind the governance of incivilities on a national and on a city level. The incivility law broadened the competences of the Mayor and the city council especially in the completion of anti social behaviour and public disorder problems in his/her municipality. Instead of being dealt with on a traditional judicial way by the police magistrate, the Mayor can, by this law; himself lay on fines until maximum 250 euro. We mention ‘city republics’ as this punitive sanction became a locally assigned matter, which means that one municipality differs from another in their ‘incivility policy’. Due to the split up of competences of the Belgian state arrangements of 1988, each municipality finds itself framed in different political and organisational executive realities. In this view, Mayors can be called ‘presidents’ of their own municipality, keeping and controlling the process of tackling incivilities as their main responsibility and determining what behaviour had to be controlled and punished and what behaviour can be considered as normal decent behaviour in the public space. Problems of creating a ‘culture of control’, creating inequality for the poor, the beggars and the socially ‘unwanted’ can arise, especially in big cities.


Elke Devroe
Dr. Elke Devroe is Universitair Hoofddocent Criminologie bij het Instituut voor Strafrecht & Criminologie, Universiteit Leiden. E-mail: e.devroe@law.leidenuniv.nl
Artikel

Burgers voor/tegen burgers: buurtwachten in Nederland en hun verbindingen met bewoners, politie en gemeente

Tijdschrift Tijdschrift voor Veiligheid, Aflevering 2 2013
Trefwoorden citizen watches, citizen participation, local public safety, local governance, The Netherlands
Auteurs Marco van der Land
SamenvattingAuteursinformatie

    During the last decade the phenomenon of citizen watches has become a common and meaningful element in citizen participation that aims to improve local public safety. Citizen watches make a great case for examining the tension between the need for the Dutch government to maintain control over local safety issues and the strivings of citizens to contribute to local solutions in a more or less autonomous way. This paper examines the question to what extent citizen watches can contribute to the governance of local safety in a meaningful way. The Dutch government has been appealing strongly for more citizen involvement in public matters for some time, but is unclear about how municipalities and the police should respond to active citizens. The paper describes two different ways in which citizens can realize such an involvement i.e. either in a predominantly top-down fashion, in which the municipality and the police take a strongly directive approach towards citizen watches or in a more bottom-up oriented way, in which citizen watches are well embedded in local systems of informal social control. The paper argues and explains that both approaches have advantages as well as disadvantages regarding the way they support new forms of governance and cooperation between citizens and the state. It suggests that formal authorities can contribute to the self-reliance and collective efficacy of neighbourhood residents with regard to local public safety if they make a better effort of combining the pros of both approaches.


Marco van der Land
Dr. Marco van der Land is universitair docent bij de afdeling Bestuurswetenschappen en Politicologie aan de Vrije Universiteit Amsterdam en onderzoeker bij de Leerstoel Veiligheid en Burgerschap van de gelijknamige universiteit. Hij is tevens hoofdredacteur van het Tijdschrift voor Veiligheid. E-mail: m.vander.land@vu.nl
Artikel

De securitisering voorbij?

Een beschouwing over de toekomstige ontwikkeling van het Nederlandse veiligheidsbeleid

Tijdschrift Tijdschrift over Cultuur & Criminaliteit, Aflevering 2 2013
Trefwoorden securitization, policymaking, network society, trust and control
Auteurs Hans Boutellier
SamenvattingAuteursinformatie

    It seems common knowledge among criminologists that our societies have to be understood in terms of securitization. This means that security is the defining and organizing concept in (social) policy making. In the Netherlands the process of securitization can be characterized as rather contingent. According to the author, it can be typified as ‘pragmatic securitization’. It is driven by the desire to show decisiveness and being in control of complexity of social order, rather than by ideology. Under the pressure of the economic crisis there is a growing interest in self-organization, civic power and civil society. These themes emerge along the issues of security and control. Is it possible then that security is exchanged by another big social theme?


Hans Boutellier
Prof. dr. Hans Boutellier is algemeen directeur van het Verwey-Jonker Instituut en bijzonder hoogleraar veiligheid & burgerschap aan de VU Amsterdam. Email: hboutellier@verwey-jonker.nl
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