Search result: 741 articles

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Article

Reflections on the Rule of Law and Law Reform in the Arab Region

Journal European Journal of Law Reform, Issue 2 2020
Keywords rule of law, law reform, colonialism, authoritarianism, international development
Authors Dr Sara Razai
AbstractAuthor's information

    This article offers some preliminary thoughts on the issue of international development actors in the promotion of law in the Arab region. Specifically, it reflects on the rule of law concept as a universalizing notion, touted by international organizations and governments alike as a panacea for social ills. The article discusses the act of intervention and the use and promotion of law to achieve a rule of law order in post-conflict or fragile states. It argues that the use and promotion of law by international development actors (and the donors that fund them) – a proxy for building the rule of law – is by no means new to the region. It has also been the central focus of authoritarian and colonial rulers alike. Although they are by no means similar, the three actors are strikingly similar in that they use and promote law under the aegis of building the rule of law, to the general detriment of the masses


Dr Sara Razai
Sara Razai, UCL Judicial Institute.
Article

Access_open The Effectiveness Paradigm in Financial Legislation – Is Effectiveness Measurable?

Journal Erasmus Law Review, Issue 2 2020
Keywords effectiveness, effectiveness measurement methodologies, financial legislation, legislative objective, product approval governance
Authors Jeroen Koomans
AbstractAuthor's information

    How can you determine if financial legislation is effective? This article seeks to identify three characteristics that make up the basis for an effectiveness review, being the determination what the legislative objective is, who is it aimed at and what approach is taken to achieve this objective. Determining the legislative objective may prove to be a challenging undertaking, and the uncertainties that come with that affect the other two characteristics as well. And even if a clear legislative objective can be established, how can you be sure that its achievement was in fact attributable to the legislation under review? What do you compare your results to absent a baseline measurement and how can the vast number of variables that affect the effectiveness of the legislation under review be accounted for, if at all? Is effectiveness in financial legislation at all measurable and, when measured, what is its value in practice?


Jeroen Koomans
Jeroen Koomans is affiliated to the University of Amsterdam FEB Academy for Banking and Insurance and employed by ABN AMRO Bank N.V.
Article

From victimisation to restorative justice: developing the offer of restorative justice

Journal The International Journal of Restorative Justice, Issue 2 2020
Keywords Restorative policing, restorative justice, offer to victims, policing, action research
Authors Joanna Shapland, Daniel Burn, Adam Crawford e.a.
AbstractAuthor's information

    Restorative justice services have expanded in England and Wales since the Victim’s Code 2015. Yet evidence from the Crime Survey for England and Wales shows that in 2016-2017 only 4.1 per cent of victims recall being offered such a service. This article presents the evidence from an action research project set in three police forces in England and Wales, which sought to develop the delivery of restorative justice interventions with victims of adult and youth crime. We depict the complexity intrinsic to making an offer of restorative justice and the difficulties forces experienced in practice, given the cultural, practical and administrative challenges encountered during the course of three distinct pilot projects. Points of good practice, such as institutional buy-in, uncomplicated referral processes and adopting a victim-focused mindset are highlighted. Finally, we draw the results from the different projects together to suggest a seven-point set of requirements that need to be in place for the offer of restorative practice to become an effective and familiar process in policing.


Joanna Shapland
Joanna Shapland is Edward Bramley Professor of Criminal Justice at the University of Sheffield, UK.

Daniel Burn
Daniel Burn is a former Research Officer at the University of Leeds, UK.

Adam Crawford
Adam Crawford is the Director of the Leeds Social Sciences Institute and Director of the N8 Policing Research Partnership at the University of Leeds, UK.

Emily Gray
Emily Gray is Senior Lecturer in Criminology, The School of Business, Law and the Social Sciences at the University of Derby, UK. Contact author: j.m.shapland@sheffield.ac.uk.
Article

Access_open Liberal Democracy and the Judeo-Christian Tradition

Journal Netherlands Journal of Legal Philosophy, Issue 1 2020
Keywords national identity, historical narratives, universal values, equal citizenship
Authors Tamar de Waal
AbstractAuthor's information

    Increasingly often, it is stated that the universal values underpinning Western liberal democracies are a product of a ‘Judeo-Christian’ tradition. This article explores the legitimacy of this claim from the perspective of liberal-democratic theory. It argues that state-endorsed claims about the historical roots of liberal-democratic values are problematic (1) if they are promoted as though they are above democratic scrutiny and (2) if they insinuate that citizens who belong to a particular (majority) culture remain the ‘cultural owners’ of the core values underpinning the state. More pragmatically, the paper suggests that the claim carries the risk of failing to facilitate all citizens becoming or remaining committed to nurturing fundamental rights and a shared society based on norms of democratic equality.


Tamar de Waal
Tamar de Waal is assistant professor of legal philosophy at the Amsterdam Law School of the University of Amsterdam.
Article

Access_open Legal and Political Concepts as Contextures

Journal Netherlands Journal of Legal Philosophy, Issue 1 2020
Keywords Concepts, Contextualism, Essentially Contested Concepts, Legal Theory, Freedom
Authors Dora Kostakopoulou
AbstractAuthor's information

    Socio-political concepts are not singularities. They are, instead, complex and evolving contextures. An awareness of the latter and of what we need to do when we handle concepts opens up space for the resolution of political disagreements and multiplies opportunities for constructive dialogue and understanding. In this article, I argue that the concepts-as-contextures perspective can unravel conceptual connectivity and interweaving, and I substantiate this by examining the ‘contexture’ of liberty. I show that the different, and seemingly contested, definitions of liberty are the product of mixed articulations and the development of associative discursive links within a contexture.


Dora Kostakopoulou
Dora Kostakopoulou is a member of the Scientific Committee of the Fundamental Rights Agency of the EU and Professor of European Union Law, European Integration and Public Policy at Warwick University.
Article

Access_open Recht en politiek in de klimaatzaken

Een sleutelrol voor het internationaal recht in de argumentatie van de nationale rechter

Journal Netherlands Journal of Legal Philosophy, Issue 1 2020
Authors Vincent Dupont
AbstractAuthor's information

    Ever since it was published in 2015, the judgment of the The Hague court in the so-called Urgenda-case, and the subsequent decisions of the appellate and cassation courts confirming it, have been met with repeated and vivid critiques. By recognizing the necessity of the reduction in greenhouse gas emissions, and furthermore imposing a certain reduction level on the Dutch state, the judgments in the cases at hand gave rise to many questions concerning the position of the judiciary in the matter, and in Dutch society as a whole. This article attempts in the first place to situate the positions of the different actors intervening in the Urgenda-case within a legal-theoretical framework. The contribution subsequently explores the strategic possibilities that an alternative understanding of law could offer to the judges, focusing specifically on the use of legal instruments stemming from international law, brought into the reasoning of the national judge.


Vincent Dupont
Vincent Dupont studeerde in 2017 af als Master of Laws aan de KU Leuven en volgt momenteel een opleiding sociologie aan de Université libre de Bruxelles, Unicamp in São Paulo en de École des hautes études en sciences sociales in Parijs.
Case Law

2020/1 EELC’s review of the year 2019

Journal European Employment Law Cases, Issue 1 2020
Authors Ruben Houweling, Daiva Petrylaitė, Peter Schöffmann e.a.
Abstract

    Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks.


Ruben Houweling

Daiva Petrylaitė

Peter Schöffmann

Attila Kun

Francesca Maffei

Jean-Philippe Lhernould

Niklas Bruun

Jan-Pieter Vos

Luca Ratti

Anthony Kerr

Petr Hůrka

Michal Vrajík
Article

The strategic use of terminology in restorative justice for persons harmed by sexual violence

Journal The International Journal of Restorative Justice, Issue 2 2020
Keywords Restorative justice, sexual violence, victim, survivor, feminism
Authors Shirley Jülich, Julienne Molineaux and Malcolm David Green
AbstractAuthor's information

    An argument for the importance of strategically selected terminology in the practice of restorative justice in sexual violence cases is presented through reviews of restorative justice, communication, social constructivist and feminist literature. The significance of language and its impact on those who use it and hear it is established from its use in classical antiquity, psychotherapy and semantics. The use of the terms ‘victim’ and ‘survivor’ is explored in the fields of legal definitions and feminist theory. Reports in the existing restorative justice literature are used to bring together the literature on the impact of the use of terminology and the legal and feminist understandings of the significance of the use of the terms ‘victim’ and ‘survivor’. We argue that the restorative justice practitioner has a crucial role in guiding the person harmed in sexual violence cases in the strategic use of ‘victim’ and ‘survivor’ to enhance the positive impact of terminology on the persons harmed in acts of sexual violence. Conclusions from our explorations support the creation of a proposed sexual violence restorative justice situational map for use as a navigational aid in restorative justice practice in sexual violence cases.


Shirley Jülich
Shirley Jülich is Senior Lecturer at the School of Social Work at the Massey University, New Zealand.

Julienne Molineaux
Julienne Molineaux is Senior Research Officer at the School of Social Sciences, Auckland University of Technology, New Zealand.

Malcolm David Green
Malcolm David Green is Assistant Lecturer at the School of Communication, Journalism, and Marketing at Massey University, New Zealand. Contact author: m.d.green@massey.ac.nz.

Kathleen Daly
Kathleen Daly is Professor in the School of Criminology and Criminal Justice, Griffith University, Brisbane, Australia.
Article

John Braithwaite

standards, ‘bottom-up’ praxis and ex-combatants in restorative justice

Journal The International Journal of Restorative Justice, Issue 1 2020
Authors Kieran McEvoy and Allely Albert
Author's information

Kieran McEvoy
Kieran McEvoy is Professor of Law and Transitional Justice and Senior Fellow at the Senator George J. Mitchell Institute for Global Peace, Security and Justice, Queens University Belfast, UK.

Allely Albert
Allely Albert is a PhD student with a University Studentship at the Senator George J. Mitchell Institute for Global Peace, Security and Justice, Queens University Belfast, UK.

Miranda Forsyth
Miranda Forsyth is an Associate Professor at the College of Asia and the Pacific, Australian National University, Canberra, Australia.

Valerie Braithwaite
Valerie Braithwaite is Professor at the College of Asia and the Pacific, Australian National University, Canberra, Australia.

John Braithwaite
John Braithwaite is an Emeritus Professor, Australian National University, Canberra, Australia.

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA.

Philip Pettit
Philip Pettit is L.S. Rockefeller University Professor of Human Values, University Center for Human Values, Princeton University, Princeton, USA, and Distinguished University Professor of Philosophy, School of Philosophy, Australian National University, Canberra, Australia.
Article

Still Consociational? Belgian Democracy, 50 Years After ‘The Politics of Accommodation’

Journal Politics of the Low Countries, Issue 1 2020
Keywords Belgium, consociational democracy, Lijphart, federalism, ethnolinguistic conflict
Authors Didier Caluwaerts and Min Reuchamps
AbstractAuthor's information

    Despite the enduring importance of Lijphart’s work for understanding democracy in Belgium, the consociational model has come under increasing threat. Owing to deep political crises, decreasing levels of trust in elites, increasing levels of ethnic outbidding and rising demands for democratic reform, it seems as if Lijphart’s model is under siege. Even though the consociational solution proved to be very capable of transforming conflict into cooperation in Belgian politics in the past, the question we raise in this article is whether and to what extent the ‘politics of accommodation’ is still applicable to Belgian democracy. Based on an in-depth analysis of the four institutional (grand coalition, proportionality, mutual veto rights and segmental autonomy) and one cultural (public passivity) criteria, we argue that consociational democracy’s very nature and institutional set-up has largely hollowed out its potential for future conflict management.


Didier Caluwaerts
Didier Caluwaerts is professor of political science at the Vrije Universiteit Brussel. His research deals with democratic governance and innovation in deeply divided societies. With Min Reuchamps, he has recently published “The Legitimacy of Citizen-led Deliberative Democracy: The G1000 in Belgium” (Routledge, 2018).

Min Reuchamps
Min Reuchamps is professor of political science at the Université catholique de Louvain (UCLouvain). His teaching and research interests are federalism and multi-level governance, democracy and its different dimensions, relations between language(s) and politics and in particular the role of metaphors, as well as participatory and deliberative methods.
Article

Populism as a Visual Communication Style

An Exploratory Study of Populist Image Usage of Flemish Block/Interest in Belgium (1991-2018)

Journal Politics of the Low Countries, Issue 1 2020
Keywords Populism, image use, visual style, campaign, posters, visual, Flanders, populist right, Belgium
Authors Kevin Straetemans
AbstractAuthor's information

    This article analyses the visual communication of the Flemish populist right-wing party Vlaams Blok/Vlaams Belang, and investigates whether or not the party uses a specific populist communication style in its campaign posters, whether or not its visual style evolves over time and how the party distinguishes itself from other (right-wing) parties in its use of images. To do this, the image use will be compared with the CVP/CD&V and the Volksunie/N-VA. This use of images will be investigated by analysing election posters from 1991 to 2018. The analysis shows that there is indeed a ‘populist visual style’. These items consist mainly of (negative) metaphors, false dilemmas, caricatures and the use of so-called ‘agonic’ visual techniques.


Kevin Straetemans
Kevin Straetemans attained a Master’s degree in Political Sciences at the Vrije Universiteit Brussel in 2018. He is currently pursuing an Educational Master in Social Sciences at the same university. His research interests are political parties, elections, extremism, propaganda and political communication.
Article

Deliberation Out of the Laboratory into Democracy

Quasi-Experimental Research on Deliberative Opinions in Antwerp’s Participatory Budgeting

Journal Politics of the Low Countries, Issue 1 2020
Keywords Deliberative democracy, mini-publics, participatory budget, social learning, deliberative opinions
Authors Thibaut Renson
AbstractAuthor's information

    The theoretical assumptions of deliberative democracy are increasingly embraced by policymakers investing in local practices, while the empirical verifications are often not on an equal footing. One such assertion concerns the stimulus of social learning among participants of civic democratic deliberation. Through the use of pre-test/post-test panel data, it is tested whether participation in mini-publics stimulates the cognitive and attitudinal indicators of social learning. The main contribution of this work lies in the choice of matching this quasi-experimental set-up with a natural design. This study explores social learning across deliberation through which local policymakers invite their citizens to participate in actual policymaking. This analysis on the District of Antwerp’s participatory budgeting demonstrates stronger social learning in real-world policymaking. These results inform a richer theory on the impacts of deliberation, as well as better use of limited resources for local (participatory) policymaking.


Thibaut Renson
Thibaut Renson is, inspired by the 2008 Obama campaign, educated as a Political Scientist (Ma EU Studies, Ghent University) and Political Philosopher (Ma Global Ethics and Human Values, King’s College London). Landed back at the Ghentian Centre for Local Politics to do empirical research. Driven by the moral importance of social learning (vs. political consumerism) in democracy, exploring the empirical instrumentality of deliberation.
Article

Language and Gender

The Importance of Including a Gender Perspective in the Language of the Constitutional Reform in Spain

Journal European Journal of Law Reform, Issue 1 2020
Keywords language, gender, Constitution, reform, Spain
Authors Ana Marrades
AbstractAuthor's information

    Language is a reflection of culture, and at the same time it helps to build that culture. In the same way, it can be used to transform it. Language serves for describing a culture, to show what we see, but at the same time, it strengthens the relationships of power that exist on the basis of male power. In this way, we can use language to build other kinds of relationships based on equality.
    The Spanish Constitution is written in the masculine. Although it is based on equality, masculine language shows that the power relations lean towards men, and this hides women’s participation. When a text or a legal message uses structures or words that hide or discriminate against one gender, it can be said that linguistic sexism exists, and this violates the principle of equality. This is a reflection about what is happening in our society because language describes cultural values. This exclusion of women in the constitutional text is in itself a denial of them as subjects of rights and as citizens. This is not only a denial of the part of power that corresponds to them, but also the consolidation of a collective story of female subordination.
    Therefore this article aims to focus on the need to carry out a revision of the Spanish Constitution in female and inclusive language that, in parallel to the recognition and guarantee of parity democracy, makes women visible as autonomous subjects. In addition, it also breaks with the male universality of the language and the monopoly of male language to define the sources of the law, as well as rights, powers, institutions, values and policies.


Ana Marrades
Senior lecturer in Constitutional law, University of Valencia.
Article

Access_open The Potential of Public Policy on Open Access Repositories

Journal Erasmus Law Review, Issue 2 2019
Keywords public policy, dissemination, governance, open access, repositories
Authors Nikos Koutras
AbstractAuthor's information

    To address the potential of public policy on the governance of OARs it is necessary to define what is meant by public policy and the importance of public policy in designing an efficient governance framework. Critical components are the subject matter of public policy and its objectives. Hence, it is useful to consider declarations, policies and statements in relation to open access practice and examine the efficiency of these arrangements towards the improvement of stakeholders’ engagement in governance of OARs. Secondly, policies relating to dissemination of scientific information via OARs should be examined. In this regard, it is relevant to consider the public policy basis for Intellectual Property (IP) laws that concerning the utility of OARs. Therefore, economic theories relevant with the role of IP laws should be examined. Such examination depicts to what extend these laws facilitate the utility of OARs. In order to specify justifications for the desirability of OARs the objectives of social theories should be also considered. Thus, there is consternation that without legal protection against copying the incentive to create intellectual property will be undermined. As scholarly communication infrastructure evolves, it is necessary to recognize the efforts of the relationship between Intellectual Property Rights (IPRs) and communication technologies in the context of public policy and after engagement with it. After employing such multilevel approach, the paper argues about a socio-economic framework to enhance the governance of OARs through public policy.


Nikos Koutras
Postdoctoral Researcher, Faculty of Law, University of Antwerp.

    This article relies on the premise that to understand the significance of Open Access Repositories (OARs) it is necessary to know the context of the debate. Therefore, it is necessary to trace the historical development of the concept of copyright as a property right. The continued relevance of the rationales for copyright interests, both philosophical and pragmatic, will be assessed against the contemporary times of digital publishing. It follows then discussion about the rise of Open Access (OA) practice and its impact on conventional publishing methods. The present article argues about the proper equilibrium between self-interest and social good. In other words, there is a need to find a tool in order to balance individuals’ interests and common will. Therefore, there is examination of the concept of property that interrelates justice (Plato), private ownership (Aristotle), labour (Locke), growth of personality (Hegel) and a bundle of rights that constitute legal relations (Hohfeld). This examination sets the context for the argument.


Nikos Koutras
Postdoctoral Researcher, Faculty of Law, University of Antwerp.
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