Zoekresultaat: 76 artikelen

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Jaar 2016 x
Artikel

Weerbaarder door reflectie

Ervaringen in PI Vught

Tijdschrift PROCES, Aflevering 6 2016
Trefwoorden Gevangenispersoneel, Werkstress, Weerbaarheid, Reflectie
Auteurs Marie-José Geenen, Frank Stolzenbach, Diana Tedeschi e.a.
SamenvattingAuteursinformatie

    This article discusses the importance of reflection for prison staff. Their work is both physical and emotionally incriminating. That increases risk on turnover, burn-out, psychosomatic diseases and negative experiences with prisoners. To render all challenges in their work it’s important to build up resiliency. One of the means to stimulate resilience is organized reflection. It is described how guided by experts, reflecting on own experiences can contribute to resilience of prison employees and strengthen their learning capacity. That is done by literature study and a description of experiences with organized reflection in PI Vught.


Marie-José Geenen
Marie-José Geenen is docent-onderzoeker aan de Hogeschool Utrecht.

Frank Stolzenbach
Frank Stolzenbach is supervisor bij de PI Vught.

Diana Tedeschi
Diana Tedeschi is supervisor bij de PI Vught.

Camiel van der Roest
Camiel van der Roest is supervisor bij de PI Vught.

Dr. Janine Jansen
Dr. Janine Jansen is lector Veiligheid in Afhankelijkheidsrelaties aan het Expertisecentrum Veiligheid van de Avans Hogeschool. Tevens is zij voorzitter van de redactie van PROCES.

Prof. dr. Emile Kolthoff
Prof. dr. Emile Kolthoff is lector Veiligheid, Openbare orde en Recht aan het Expertisecentrum Veiligheid van de Avans Hogeschool.
Editorial

Access_open Legal Control on Social Control of Sex Offenders in the Community: A European Comparative and Human Rights Perspective

Tijdschrift Erasmus Law Review, Aflevering 2 2016
Trefwoorden social control, folk devils, moral panic, dangerousness, sex offenders
Auteurs Michiel van der Wolf (Issue Editor)
SamenvattingAuteursinformatie

    This paper provides first of all the introduction to this special issue on ‘Legal constraints on the indeterminate control of “dangerous” sex offenders in the community: A European comparative and human rights perspective’. The issue is the outcome of a study that aims at finding the way legal control can not only be an instrument but also be a controller of social control. It is explained what social control is and how the concept of moral panic plays a part in the fact that sex offenders seem to be the folk devils of our time and subsequently pre-eminently the target group of social control at its strongest. Further elaboration of the methodology reveals why focussing on post-sentence (indeterminate) supervision is relevant, as there are hardly any legal constraints in place in comparison with measures of preventive detention. Therefore, a comparative approach within Europe is taken on the basis of country reports from England and Wales, France, Germany, The Netherlands and Spain. In the second part of the paper, the comparative analysis is presented. Similar shifts in attitudes towards sex offenders have led to legislation concerning frameworks of supervision in all countries but in different ways. Legal constraints on these frameworks are searched for in legal (sentencing) theory, the principles of proportionality and least intrusive means, and human rights, mainly as provided in the European Convention on Human Rights to which all the studied countries are subject. Finally, it is discussed what legal constraints on the control of sex offenders in the community are (to be) in place in European jurisdictions, based on the analysis of commonalities and differences found in the comparison.


Michiel van der Wolf (Issue Editor)
Ph.D., LL.M, M.Sc., Reader in Criminal Law (Theory) and Forensic Psychiatry at the Erasmus School of Law; Member of the Editorial Board of the Erasmus Law Review.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The English Perspective

Tijdschrift Erasmus Law Review, Aflevering 2 2016
Trefwoorden Dangerous, sex offenders, human rights, community supervision, punishment
Auteurs Nicola Padfield
SamenvattingAuteursinformatie

    This article explores the legal constraints imposed on the rising number of so-called ‘dangerous’ sex offenders in England and Wales, in particular once they have been released from prison into the community. The main methods of constraint are strict licence conditions, Multi-Agency Public Protection Arrangements and civil protective orders such as Sexual Harm Prevention Orders. ‘Control’ in the community is thus widespread, but is difficult to assess whether it is either effective or necessary without a great deal more research and analysis. Post-sentence ‘punishment’ has been largely ignored by both academic lawyers and criminologists. The article concludes that financial austerity might prove to be as important as the human rights agenda in curbing the disproportionate use of powers of control.


Nicola Padfield
Nicola Padfield, MA, Dip Crim, DES, Reader in Criminal and Penal Justice, University of Cambridge. I thank Michiel van der Wolf for involving me in this project and for his many useful insights and comments.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The Spanish Perspective

Tijdschrift Erasmus Law Review, Aflevering 2 2016
Trefwoorden Supervised release, supervision, sex offenders, dangerousness, safety measures, societal upheaval, proportionality
Auteurs Lucía Martínez Garay en Jorge Correcher Mira
SamenvattingAuteursinformatie

    This article presents an overview of the legal regime provided in the Spanish system of criminal sanctions regarding the control of dangerous sex offenders in the community. It focuses on the introduction, in 2010, of a post-prison safety measure named supervised release. We describe the context of its introduction in the Spanish Criminal Code, considering the influence of societal upheaval concerning dangerous sex offenders in its development, and also the historical and theoretical features of the Spanish system of criminal sanctions. We also analyse the legal framework of supervised release, the existing case law about it and how the legal doctrine has until now assessed this measure. After this analysis, the main aim of this article consists in evaluating the effectiveness and the proportionality of the measure, according to the principle of minimal constraints and the rehabilitative function of the criminal sanctions in Spanish law, stated in Article 25.2 of the Spanish Constitution.


Lucía Martínez Garay
Lucía Martínez Garay is a Senior Lecturer at the University of Valencia, Department of Criminal Law.

Jorge Correcher Mira
Jorge Correcher Mira, Ph.D., is an Assistant Lecturer at the University of Valencia, Department of Criminal Law.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The German Perspective

Tijdschrift Erasmus Law Review, Aflevering 2 2016
Trefwoorden Supervision, twin track system, principle of proportionality, human rights, violent and sex offenders
Auteurs Bernd-Dieter Meier
SamenvattingAuteursinformatie

    After release from prison or a custodial preventive institution, offenders may come under supervision in Germany, which means that their conduct is controlled for a period of up to five years or even for life by a judicial supervising authority. Supervision is terminated if it can be expected that even in the absence of further supervision the released person will not commit any further offences. From the theoretical point of view, supervision is not considered a form of punishment in Germany, but a preventive measure that is guided by the principle of proportionality. After a presentation of the German twin track system of criminal sanctions and a glimpse at sentencing theory, the capacity of the principle of proportionality to guide and control judicial decisions in the field of preventive sanctions is discussed. The human rights perspective plays only a minor role in the context of supervision in Germany.


Bernd-Dieter Meier
Prof. Dr. Bernd-Dieter Meier is the Chair in Criminal Law and Criminology at the Law Faculty of Leibniz University Hannover.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The Dutch Perspective

Tijdschrift Erasmus Law Review, Aflevering 2 2016
Trefwoorden Dutch penal law, preventive supervision, dangerous offenders, human rights, social rehabilitation
Auteurs Sanne Struijk en Paul Mevis
SamenvattingAuteursinformatie

    In the Netherlands, the legal possibilities for post-custodial supervision have been extended considerably in recent years. A currently passed law aims to further increase these possibilities specifically for dangerous (sex) offenders. This law consists of three separate parts that may all result in life-long supervision. In the first two parts, the supervision is embedded in the conditional release after either a prison sentence or the safety measure ‘ter beschikking stelling’ (TBS). This paper focuses on the third part of the law, which introduces an independent supervisory safety measure as a preventive continuation of both a prison sentence and the TBS measure. Inevitably, this new independent sanction raises questions about legitimacy and necessity, on which this paper reflects from a human rights perspective. Against the background of the existing Dutch penal law system, the content of the law is thoroughly assessed in view of the legal framework of the Council of Europe and the legal principles of proportionality and less restrictive means. In the end, we conclude that the supervisory safety measure is not legitimate nor necessary (yet). Apart from the current lack of (empirical evidence of) necessity, we state that there is a real possibility of an infringement of Article 5(4) ECHR and Article 7 ECHR, a lack of legitimising supervision ‘gaps’ in the existing penal law system, and finally a lack of clear legal criteria. Regardless of the potential severity of violent (sex) offenses, to simply justify this supervisory safety measure on the basis of ‘better safe than sorry’ is not enough.


Sanne Struijk
Sanne Struijk, Ph.D., is an Associate Professor at the Erasmus School of Law.

Paul Mevis
Paul Mevis is a Professor at the Erasmus School of Law.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The French Perspective

Tijdschrift Erasmus Law Review, Aflevering 2 2016
Trefwoorden Preventive detention, mandatory supervision, sex offenders, retrospective penal laws, legality principle
Auteurs Martine Herzog-Evans
SamenvattingAuteursinformatie

    France literally ‘discovered’ sexual abuse following neighbour Belgium’s Dutroux case in the late 1990s. Since then, sex offenders have been the focus of politicians, media and law-makers’ attention. Further law reforms have aimed at imposing mandatory supervision and treatment, and in rare cases, preventive detention. The legal framework for mandatory supervision and detention is rather complex, ranging from a mixed sentence (custodial and mandatory supervision and treatment upon release or as a stand-alone sentence) to so-called ‘safety measures’, which supposedly do not aim at punishing an offence, but at protecting society. The difference between the concepts of sentences and safety measures is nevertheless rather blurry. In practice, however, courts have used safety measures quite sparingly and have preferred mandatory supervision as attached to a sentence, notably because it is compatible with cardinal legal principles. Procedural constraints have also contributed to this limited use. Moreover, the type of supervision and treatment that can thus be imposed is virtually identical to that of ordinary probation. It is, however, noteworthy that a higher number of offenders with mental health issues who are deemed ‘dangerous’ are placed in special psychiatric units, something that has not drawn much attention on the part of human rights lawyers.


Martine Herzog-Evans
Martine H-Evans, PhD, is a Professor at the Department of Law, Universite de Reims Champagne-Ardenne.
Artikel

De strafrechtelijke aanpak van meisjesbesnijdenis in een rechtsvergelijkende context

Tijdschrift Tijdschrift voor Religie, Recht en Beleid, Aflevering 3 2016
Trefwoorden besnijdenis, genitale verminking, culturele delicten, burgerschap, recht en religie
Auteurs Mr. Sohail Wahedi en Mr. dr. Renée Kool
SamenvattingAuteursinformatie

    In Europe, female circumcision has been considered a grave violation of human rights. However, many European countries fail to combat this illegal practice. This article answers the question why criminal law enforcement with regard to female circumcision seems to fail in various European states, with the exception of France. To answer this question, this article analyses various models of citizenship.


Mr. Sohail Wahedi
Mr. S. Wahedi studeerde rechten in Utrecht. Hij is als promovendus verbonden aan de afdeling Sociology, Theory and Methodology van de Erasmus School of Law en verricht onderzoek op het terrein van recht en religie.

Mr. dr. Renée Kool
Mr. dr. R.S.B. Kool is als universitair hoofddocent Straf(proces)recht verbonden aan het Willem Pompe Instituut voor strafrechtswetenschappen en het Utrecht Centre for Accountability and Liability Law (UCALL). Zij heeft in het kader van haar onderzoek naar het aansprakelijkheidsrecht ook gepubliceerd over culturele delicten, zoals meisjesbesnijdenis en huwelijksdwang.
Boekbespreking

Access_open Barmhartigheid in het publieke domein onder druk

Tijdschrift Tijdschrift voor Religie, Recht en Beleid, Aflevering 3 2016
Trefwoorden barmhartigheid, Wereldgodsdiensten, Rechtvaardigheid, publiek domein
Auteurs Dr. Frans Jespers
SamenvattingAuteursinformatie

    The authors establish that in the West mercy in public life, in particular as acts of judges and governors, underwent a wrongful decline. This decline is an effect of the tension between mercy and justice that grew during the transition of medieval, Christian into modern, secular law and justice. To prove this, the authors present a broad historical overview. Eventually, they argue in favour of an incidental application of mercy in public life, under strict conditions. However, in a secular society and law system mercy can be made acceptable only for the political and public debate. In this situation, an appeal to a more neutral sounding virtue such as compassion will be more convincing.


Dr. Frans Jespers
Dr. F.P.M. Jespers is universitair hoofddocent Vergelijkende godsdienstwetenschap aan de Faculteit Filosofie, Theologie en Religiewetenschappen van de Radboud Universiteit Nijmegen, met als onderzoeksgebied nieuwe religieuze en spirituele bewegingen.
Case Reports

2016/55 New Supreme Court decision on the distinction between independent contractors and employees (NO)

Tijdschrift European Employment Law Cases, Aflevering 4 2016
Trefwoorden Independent contractors, Employees
Auteurs Marianne Jenum Hotvedt en Anne-Beth Engan
SamenvattingAuteursinformatie

    EU employment protection is usually limited to “employees”, meaning that independent contractors are not covered. However, EU law often leaves it to Member States to determine the meaning of employee. The directives regulating transfers of undertakings, collective redundancies, written working conditions, information and consultation, part-time work, temporary agency workers etc. are all examples of protection covering only ‘employees’ as defined by each Member State.
    Consequently, the interpretation of ‘employee’ at the national level determines whether protection in EU law applies. This case report concerns the distinction between an independent contractor and employee. The question was whether a support worker for a child needing extra care and support should be considered as employed by Ålesund municipality. The majority (4-1) found that the support worker was an employee. The case illustrates how the notion of employee in Norwegian law adapts to new ways of organising work and may be of interest in other jurisdictions.


Marianne Jenum Hotvedt
Marianne Jenum Hotvedt is a postdoctoral fellow at the Department of Private law, University in Oslo. In 2015, she got her Ph.D. on the thesis ‘The Employer Concept’.

Anne-Beth Engan
Anne-Beth Engan is an associate with Advokatfirmaet Selmer DA in Oslo.
Artikel

De twitterende wijkagent en het veiligheidsgevoel van de burger

Tijdschrift Tijdschrift voor Veiligheid, Aflevering 4 2016
Trefwoorden Twitter, police, safety perceptions, communication, social media
Auteurs Imke Smulders, Wilbert Spooren en Emile Kolthoff
SamenvattingAuteursinformatie

    This article reports on a conceptual model that provides insight into the relationship between Twitter use by community policing officers and citizens’ safety perceptions. The model has been tested using data from a relatively large-scale survey study and these results are supporting the model. Furthermore, a small impact of Twitter use has been found on feelings of safety and judgments about the police. To confirm these findings, further research on a larger scale is necessary. To find out more about the exact positive and negative effects of Twitter use by community policing officers, a more experimental design is required.


Imke Smulders
Imke Smulders is als promovenda/onderzoeker verbonden aan de Radboud Universiteit Nijmegen en het Expertisecentrum Veiligheid van Avans Hogeschool. Ook is zij docent taal- en communicatievaardigheden aan de Juridische Hogeschool Avans-Fon‍tys. i.smulders@fontys.nl

Wilbert Spooren
Wilbert Spooren is hoogleraar Taalbeheersing van het Nederlands en verbonden aan het Centre for Language Studies (CLS) van de Faculteit der Letteren van de Radboud Universiteit. w.spooren@let.ru.nl

Emile Kolthoff
Emile Kolthoff is hoogleraar criminologie aan de Open Universiteit, en doet onderzoek bij Avans University en de VU Amsterdam. emile.kolthoff@ou.nl
Artikel

Street-level bureaucracy en verwijzingen naar gedragsinterventies in Nederlandse penitentiaire inrichtingen

Discrepanties tussen beleid en praktijk

Tijdschrift Tijdschrift voor Criminologie, Aflevering 4 2016
Trefwoorden prison, treatment, reducing recidivism, correctional treatment referrals, street-level bureaucracy theory
Auteurs Anouk Bosma MSc, Dr. Maarten Kunst, Dr. Anja Dirkzwager e.a.
SamenvattingAuteursinformatie

    Studies indicated that detainees are not always allocated to treatment programs based on official guidelines. Street-level bureaucracy theory suggests that this is because government employees do not always perform policies as prescribed. This study aimed to assess whether this also applies to the allocation of offenders to treatment in Dutch penitentiary institutions. This was studied among a group of 541 male prisoners who participated in the Recidivism Reduction program. The results showed that official policy guidelines were, in most cases, not leading when referring detainees to behavioral interventions. Instead, treatment referrals were influenced by a broad range of risk factors, as well as the length of an offender’s sentence.


Anouk Bosma MSc
A.Q. Bosma MSc is universitair docent Criminologie aan het Instituut voor Strafrecht en Criminologie van de Universiteit Leiden.

Dr. Maarten Kunst
Dr. M.J.J. Kunst is universitair hoofddocent Criminologie aan het Instituut voor Strafrecht en Criminologie van de Universiteit Leiden.

Dr. Anja Dirkzwager
Dr. A.J.E. Dirkzwager is senior onderzoeker bij het Nederlands Studiecentrum Criminaliteit en Rechtshandhaving (NSCR).

Prof. dr. Paul Nieuwbeerta
Prof. dr. P. Nieuwbeerta is hoogleraar Criminologie aan het Instituut voor Strafrecht en Criminologie van de Universiteit Leiden.
Article

Access_open Raising Barriers to ‘Outlaw Motorcycle Gang-Related Events’

Underlining the Difference between Pre-Emption and Prevention

Tijdschrift Erasmus Law Review, Aflevering 3 2016
Trefwoorden Prevention, pre-crime, pre-emption, risk, outlaw motorcycle gangs
Auteurs Teun van Ruitenburg
SamenvattingAuteursinformatie

    Fighting outlaw motorcycle gangs is currently one of the top priorities of many governments around the world. This is due to the notion that outlaw motorcycle gangs do not consist solely of motorcycle enthusiasts. Numerous cases reveal that these clubs, or at least their members, are involved in (organised) crime. In order to tackle these clubs, the former Dutch Minister of Security and Justice announced a whole-of-government strategy towards outlaw motorcycle gangs in 2012. As part of this effort, authorities such as the Dutch National Police, the Public Prosecution Service, the Dutch Tax Authority and local governments aim to cooperate in order to disrupt and restrict outlaw motorcycle gangs by means of Criminal, Administrative and Civil Law. Part of this strategy is to hinder club-related events. This article discusses the latter strategy in light of the distinction between prevention and pre-emption. As the latter two concepts are often used interchangeably, this article attempts to use a more strict division between prevention and pre-emption. Thereby, it becomes apparent that outlaw motorcycle gangs are to some extent governed through uncertainty. The author suggests that maintaining the ‘prevention–pre-emption distinction’ can offer an interesting and valuable point of departure for analysing today’s crime policies.


Teun van Ruitenburg
Teun van Ruitenburg, MSc., is PhD Candidate at the Criminology Department of the Erasmus University Rotterdam.
Article

Access_open The Right to Mental Health in the Digital Era

Tijdschrift Erasmus Law Review, Aflevering 3 2016
Trefwoorden E-health, e-mental health, right to health, right to mental health
Auteurs Fatemeh Kokabisaghi, Iris Bakx en Blerta Zenelaj
SamenvattingAuteursinformatie

    People with mental illness usually experience higher rates of disability and mortality. Often, health care systems do not adequately respond to the burden of mental disorders worldwide. The number of health care providers dealing with mental health care is insufficient in many countries. Equal access to necessary health services should be granted to mentally ill people without any discrimination. E-mental health is expected to enhance the quality of care as well as accessibility, availability and affordability of services. This paper examines under what conditions e-mental health can contribute to realising the right to health by using the availability, accessibility, acceptability and quality (AAAQ) framework that is developed by the Committee on Economic, Social and Cultural Rights. Research shows e-mental health facilitates dissemination of information, remote consultation and patient monitoring and might increase access to mental health care. Furthermore, patient participation might increase, and stigma and discrimination might be reduced by the use of e-mental health. However, e-mental health might not increase the access to health care for everyone, such as the digitally illiterate or those who do not have access to the Internet. The affordability of this service, when it is not covered by insurance, can be a barrier to access to this service. In addition, not all e-mental health services are acceptable and of good quality. Policy makers should adopt new legal policies to respond to the present and future developments of modern technologies in health, as well as e-Mental health. To analyse the impact of e-mental health on the right to health, additional research is necessary.


Fatemeh Kokabisaghi
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Iris Bakx
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Blerta Zenelaj
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.
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

Access_open ‘Should the People Decide?’ Referendums in a Post-Sovereign Age, the Scottish and Catalonian Cases

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 2 2016
Trefwoorden sub-state nationalism, referendums, sovereignty, deliberative democracy, Scottish referendum
Auteurs Stephen Tierney
SamenvattingAuteursinformatie

    This article uses the rise of referendum democracy to highlight the tenacity of modern nationalism in Western Europe. The proliferation of direct democracy around the world raises important questions about the health of representative democracy. The paper offers a theoretical re-evaluation of the role of the referendum, using the 2014 referendum on Scottish independence to challenge some of the traditional democratic criticisms of popular democracy. The final part of the paper addresses the specific application of referendums in the context of sub-state nationalism, addressing what might be called `the demos question'. This question was addressed by the Supreme Court in Canada in the Quebec Secession Reference but has also been brought to the fore by the Scottish reference and the unresolved issue of self-determination in Catalonia.


Stephen Tierney
Stephen Tierney is Professor of Constitutional Theory at the University of Edinburgh and Director of the Edinburgh Centre for Constitutional Law.
Artikel

Tussen praat en daad: politiecultuur en politieoptreden

Tijdschrift Tijdschrift voor Veiligheid, Aflevering 0203 2016
Trefwoorden police culture, police behavior, Sensemaking, Ethnography
Auteurs Wouter Landman
SamenvattingAuteursinformatie

    In police practice and science, police culture is often seen as having a significant influence on the behavior of police officers. With his article Police (canteen) subculture, Waddington challenged this perspective in 1999. He argued that the expressive talk in the canteen is an area of action that is separated from the behavior on the street. This led to a discussion in the police literature about how to interpret the relation between police culture and police behavior. In this article this discussion is enriched with new empirical research. This research resulted in 22 patterns that police officers use to make sense of their environment in order to act in that environment. A distinction is made in three environments: organization (canteen), street (surveillance) and situation (encounter with citizens). The distinction in different environments for sensemaking helps to re-interpret the relation between police culture and police behavior and shows that police culture and police behavior are related in rather complex ways. Police culture influences the behavior on the streets through the cultural knowledge they share in the canteen, and which they use to make sense of concrete situations in which they have to act. At the same time, the point made by Waddington seems also true. The patterns of interaction between police officers have also a function in affirming their worldview and beliefs, regardless of their behavior on the streets. His perspective is just to one dimensional. A multidimensional view on the relation between police culture and police behavior is preferable if we want to understand the relation between police culture and police behavior.


Wouter Landman
Wouter Landman is onderzoeker bij Twynstra Gudde.

    This article discusses the Netherlands Commercial Court from the perspective of lawyers and examines whether the NCC will be an attractive venue for international commercial discputes.


mr. P.E. Ernste
Mr. P.E. Ernste and mr. F.E. Vermeulen (partner) are lawyers at NautaDutilh in Amsterdam. Ernste is also a fellow at the Business and Law Research Centre at Radboud University Nijmegen.

mr. F.E. Vermeulen
Artikel

The precaution controversy: an analysis through the lens of Ulrich Beck and Michel Foucault

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2016
Trefwoorden Precautionary principle, risk society, governmentality, risk governance, environmental law
Auteurs Tobias Arnoldussen
SamenvattingAuteursinformatie

    According to the precautionary principle lack of scientific evidence for the existence of a certain (environmental) risk should not be a reason not to take preventative policy measures. The precautionary principle had a stormy career in International environmental law and made its mark on many treaties, including the Treaty on the Functioning of the European Union (TFEU). However it remains controversial. Proponents see it as the necessary legal curb to keep the dangerous tendencies of industrial production and technology in check. Opponents regard it with suspicion. They fear it will lead to a decrease in freedom and fear the powers to intervene that it grants the state. In this article the principle is reviewed from the perspectives of Ulrich Beck’s ‘reflexive modernisation’ and Michel Foucault’s notion of governmentality. It is argued that from Beck’s perspective the precautionary principle is the result of a learning process in which mankind gradually comes to adopt a reflexive attitude to the risks modernity has given rise to. It represents the wish to devise more inclusive and democratic policies on risks and environmental hazards. From the perspective of Michel Foucault however, the principle is part and parcel of neo-liberal tendencies of responsibilisation. Risk management and prudency are devolved to the public in an attempt to minimise risk taking, while at the same time optimising production. Moreover, it grants legitimacy to state intervention if the public does not live up to the responsibilities foisted on it. Both perspectives are at odds, but represent different sides of the same coin and might learn from each other concerns.


Tobias Arnoldussen
Tobias Arnoldussen is a socio-legal scholar affiliated with the University of Amsterdam Law School and the PPLE honours college. Next to lecturing on a variety of subjects, he focusses on interdisciplinary legal research into the possibilities of law to deal with contemporary social problems.
Artikel

Framing labor contracts: Contract versus network theories

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2016
Trefwoorden contract theory, Network theory, Labor regulation, subjectivity, performativity
Auteurs Robert Knegt
SamenvattingAuteursinformatie

    Since the 18th century the ‘contractual model’ has become both a paradigm of social theories (f.i. ‘rational choice’) and a dominant model of structuring labour relations. Its presupposition of the subjectivity of individual actors as a given is criticized with reference to network-based theories (Latour, Callon) and to analyses of Foucault. The current contract model of labour relations is analyzed from a historical perspective on normative regimes of labour relations, that imply different conceptions of ‘subjectivity’. Research into the regulation of labour relations requires an analysis in terms of an entanglement of human beings, technologies and legal discourse.


Robert Knegt
Senior researcher at Hugo Sinzheimer Institute, University of Amsterdam
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