In England & Wales the coalition-government has opted for a localisation of the police service. The government dissociates itself from the New Labour policy of centrally-imposed targets, aims to reconnect the police and the people, and carries out a radical democratic renewal: since 2012 citizens have the possibility to choose their own Police and Crime Commissioner (PCC) in their region. This new administrator is reigning over police chiefs and is responsible for the management of security policies in the region. That is the main reason why the English police reform diverges fundamentally from developments in other European countries in which centralizing tendencies prevail. The question is whether the radical changes in England & Wales have a beneficial impact on the local embedment of the police. Are citizens more willing to commit themselves with the local police? In the first part of this paper we examine which developments have taken place in the English police, what the localisation-agenda has achieved so far, and which problems it faces. In the second part we discuss the question which lessons can be learned from the English renewals. Would it be a good idea to introduce PCC’s in the Netherlands? Is democratization the best way to strengthen community involvement? How to stimulate local accountability? |
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Lessons to be learned?De lokale inbedding van de politie in Engeland & Wales en Nederland |
Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 1 2014 |
Trefwoorden | police reform, local embedment of the police, Police and Crime Commissioner (PCC), democracy, citizen involvement |
Auteurs | Bas van Stokkom, Henk Greven en Hans Boutellier |
SamenvattingAuteursinformatie |
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Commodifying compliance? UK urban music and the new mediascape |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 1 2014 |
Trefwoorden | street culture, Grime, frustration, defiance, resistance |
Auteurs | Dr. Jonathan Ilan |
SamenvattingAuteursinformatie |
Subcultural theory and cultural criminology have traditionally viewed ‘underground’ youth movements as providing images of deviance/resistance which the cultural industries harvest to turn a profit. The logic follows that street and sub cultures imbue products with a ‘transgressive edge’ that increases their appeal within youth markets. This paper uses the example of UK ‘grime’ music to demonstrate how this dynamic cannot be viewed as applying universally in contemporary times. Where their street orientated content is censured, many grime artistes express a desire for commercial success which would ultimately emerge through muting their rhetorical links to crime and violence and explicitly championing ‘mainstream’ values. This case is used as an empirical cue to explore the use and critique of the concept of ‘resistance’ within cultural criminology and subcultural theory. The paper problematizes commodification of resistance discourses as they apply to the rugged culture of the streets and indeed its supposed ‘oppositional’ character where disadvantaged urban youth clearly embody and practice the logic of neoliberalism. It furthermore suggests that certain critiques of cultural criminology go too far in denying any meaning to criminality and subcultural practice beyond consumer desire. Ultimately, the concept of ‘defiance’ is suggested as a useful tool to understand the norms of and behaviours of the excluded. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 3 2013 |
Trefwoorden | burden of proof, German law, procedural rights, pretrial detention |
Auteurs | Thomas Weigend |
SamenvattingAuteursinformatie |
Antony Duff proposes a comprehensive concept of the presumption of innocence, covering the period before, during and after a criminal process, both in an official (state vs. individual) and a non-official, civic sense. By that broad usage, the concept of presumption of innocence is getting blurred and risks losing its contours. I therefore suggest to keep separate matters separate. The presumption of innocence in the narrow sense that I suggest applies only where there exists a suspicion that an individual has committed a criminal offence. The important function of the presumption of innocence in that situation is to prevent an over-extension of state power against the individual under suspicion before that suspicion has been confirmed to be true beyond a reasonable doubt. A general presumption that all people abide by the law at all times is neither warranted nor necessary. It is not warranted because experience tells us that many people break some laws sometimes. And it is not necessary because a system of civil liberties is sufficient to protect us against official or social overreach based on a suspicion that we may commit crimes. |
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Tijdschrift | Erasmus Law Review, Aflevering 1 2013 |
Trefwoorden | humanisation, constitutionalism, legal positivism, human rights, erga omnes, due diligence, positive obligations, normative hierarchy, proportionality |
Auteurs | Dr. Vassilis P. Tzevelekos |
SamenvattingAuteursinformatie |
The article critically evaluates the theory of the humanisation of international law. First, it argues that despite human rights having impact on (other areas of) international law, this trend has in the past been somewhat inflated. A number of examples are given where human rights have been tested against other objectives pursued by international law, with humanisation revealing its limits and actual dimensions. The second argument consists in identifying and highlighting obligations erga omnes (partes) and the principle of due diligence as two ‘systemic’ tools, that are central to the humanisation of international law. Both these tools form part of modern positive law, but may also make a positive contribution towards the direction of deeper humanisation in international law, having the potential, inter alia, to limit state will, establish occasional material normative hierarchy consisting in conditional priority in the fulfilment of human rights, give a communitarian tone to international law and invite states to be pro-active in the collective protection of their common interests and values. In its conclusions, the article offers a plausible explanation about the paradox it identifies of the limits of the humanisation on the one hand, and its potential for further development on the other. For, it is inherent in international law that the line separating the law from deontology is thin. The process of humanisation needs to be balanced with the other objectives of international law as well as reconciled with the decentralised and sovereignist origins of the pluralistic international legal system. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 2 2012 |
Trefwoorden | Messina, earthquake, state of exception, rule of law, progress |
Auteurs | Massimo La Torre |
SamenvattingAuteursinformatie |
Messina, a Sicilian town, was devasteted by an earthquake in1908. It was an hecatomb. Stricken through this unfathomable disgrace Messina’s institutions and civil society collapsed and a sort of wild natural state replaced the rule of law. In this situation there was a first intervention of the Russian Czarist navy who came to help but immediately enforced cruel emergency measures. The Italian army followed and there was a formal declaration of an ‘emergency situation.’ Around this event and the several exceptional measures taken by the government a debate took place about the legality of those exceptional measures. The article tries to reconstruct the historical context and the content of that debate and in a broader perspective thematizes how law (and morality) could be brought to meet the breaking of normality and ordinary life by an unexpected and catastrophic event. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 3 2006 |
Trefwoorden | claim, model, bank, bear, E-business, handelsnaam, interest, internet, kind, rechtsstaat |
Auteurs | M. Berger |