Search result: 21 articles

x
Article

An exploration of trauma-informed practices in restorative justice: a phenomenological study

Journal The International Journal of Restorative Justice, Issue 2 2021
Keywords restorative justice, trauma, trauma-informed care, interpretative phenomenological analysis
Authors Claudia Christen-Schneider and Aaron Pycroft
AbstractAuthor's information

    While several studies identify trauma as a main risk factor for developing offending behaviour, the criminal justice system still largely ignores the problem, and the same seems to be true of restorative justice. This article offers a critical exploration of trauma-informed work with offenders using interpretative phenomenological analysis. The interviewees perceive a growing interest in the topic of trauma and trauma-informed care (TIC). However, they also identify several areas that seem to hinder a trauma-informed approach, not only with offenders but also with victims. One concern is the tendency to institutionalise restorative justice with an emphasis on efficiency, effectiveness and outcome orientation. The interviewees also perceive a revengeful and retributive attitude in their societies that does not condone restorative measures that seemingly favour offenders. This tendency appears even stronger in societies that have suffered from collaborative trauma and not recovered from it. Interviewees therefore advocate for raising awareness of trauma, the consequences of unhealed trauma and the need to work trauma-informed with all stakeholders, including offenders and the extended, affected community. They also appeal for increased training to be provided for practitioners in TIC and self-care as these areas seem essential to provide safe and beneficial processes for all stakeholders.


Claudia Christen-Schneider
Claudia Alexandra Christen-Schneider is president of the Swiss RJ Forum.

Aaron Pycroft
Aaron Pycroft PhD is Reader in Criminal Justice and Social Complexity at the University of Portsmouth, UK. Contact author: Claudia Alexandra Christen-Schneider at swissrjforum@gmail.com.
Article

Why an atmosphere of transhumanism undermines green restorative justice concepts and tenets

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords green restorative justice, transhumanism, technological progress, animals, bioethics
Authors Gema Varona
AbstractAuthor's information

    Arising from the notions of green criminology and green victimology, green restorative justice can be defined as a restorative justice focused on environmental harm. Harm in this case is understood as criminalised and non-criminalised, and as individual and collective behaviours damaging the ecosystems and the existence of human and non-human beings. Impacts of environmental harm affect health, economic, social and cultural dimensions, and will be experienced in the short, medium and long term. Within this framework, after linking restorative justice to green criminology and green victimology, I will argue that the current weight of the cultural and social movement of transhumanism constitutes an obstacle to the development of restorative justice in this field. The reason is that it fosters individual narcissism, together with the idea of an absence of limits in what is considered technological progress. This progress is seen as inevitable and good per se, and promotes the perception of a lack of social and moral accountability. This reasoning will lead to some final reflections on how restorative justice has to constantly reinvent itself in order to keep creating a critical and inclusive justice of ‘otherness’. By doing so, restorative justice must join the current interdisciplinary conversation on biopolitics and bioethics.


Gema Varona
Gema Varona is a Senior Researcher at the Basque Institute of Criminology, University of the Basque Country, Donostia/San Sebastián, Spain. Contact author: gemmamaria.varona@ehu.eus.
Article

Environmental justice movements and restorative justice

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords restorative justice, environmental conflicts, environmental justice movements
Authors Angèle Minguet
AbstractAuthor's information

    The worldwide existing environmental conflicts have also given rise to worldwide environmental justice movements. Using a diversity of tools that range from petitions to legal actions, what such movements have often shown is that environmental conflicts rarely find a satisfactory resolution through criminal judicial avenues. Given this reality, the important question then is whether there is a place within environmental justice movements for a restorative justice approach, which would lead to the reparation or restoration of the environment and involve the offenders, the victims and other interested parties in the conflict transformation process. Based on the analysis of environmental conflicts collected by the Environmental Justice Organizations, Liabilities and Trade project (EJOLT), and more specifically on two emblematic environmental conflict cases in Nigeria and in Ecuador, the argument will be made that it is essentially due to the characteristics of environmental conflicts, and due to the fact that they almost never find a satisfactory resolution through traditional judicial avenues, that environmental justice movements ask for a restorative approach, and that restorative justice is a sine qua non condition to truly repair environmental injustices, as long as the worldview and nature of the victims is taken into consideration.


Angèle Minguet
Angèle Minguet is a researcher at the Research Centre in Political Science, Université Saint-Louis – Bruxelles (CReSPo), Belgium. Contact author: angele.minguet@gmail.com.
Article

Fiscal Consolidation in Federal Belgium

Collective Action Problem and Solutions

Journal Politics of the Low Countries, Issue 2 2019
Keywords fiscal consolidation, fiscal policy, federalism, intergovernmental relations, High Council of Finance
Authors Johanna Schnabel
AbstractAuthor's information

    Fiscal consolidation confronts federal states with a collective action problem, especially in federations with a tightly coupled fiscal regime such as Belgium. However, the Belgian federation has successfully solved this collective action problem even though it lacks the political institutions that the literature on dynamic federalism has identified as the main mechanisms through which federal states achieve cooperation across levels of government. This article argues that the regionalization of the party system, on the one hand, and the rationalization of the deficit problem by the High Council of Finance, on the other, are crucial to understand how Belgium was able to solve the collective action problem despite its tightly coupled fiscal regime and particularly high levels of deficits and debts. The article thus emphasizes the importance of compromise and consensus in reducing deficits and debts in federal states.


Johanna Schnabel
School of Politics and International Relations, University of Kent, Rutherford College, Canterbury CT2 7NX, United Kingdom.
Article

Access_open Fostering Worker Cooperatives with Blockchain Technology: Lessons from the Colony Project

Journal Erasmus Law Review, Issue 3 2018
Keywords blockchain, collaborative economy, cooperative governance, decentralised governance, worker cooperatives
Authors Morshed Mannan
AbstractAuthor's information

    In recent years, there has been growing policy support for expanding worker ownership of businesses in the European Union. Debates on stimulating worker ownership are a regular feature of discussions on the collaborative economy and the future of work, given anxieties regarding the reconfiguration of the nature of work and the decline of standardised employment contracts. Yet, worker ownership, in the form of labour-managed firms such as worker cooperatives, remains marginal. This article explains the appeal of worker cooperatives and examines the reasons why they continue to be relatively scarce. Taking its cue from Henry Hansmann’s hypothesis that organisational innovations can make worker ownership of firms viable in previously untenable circumstances, this article explores how organisational innovations, such as those embodied in the capital and governance structure of Decentralised (Autonomous) Organisations (D(A)Os), can potentially facilitate the growth of LMFs. It does so by undertaking a case study of a blockchain project, Colony, which seeks to create decentralised, self-organising companies where decision-making power derives from high-quality work. For worker cooperatives, seeking to connect globally dispersed workers through an online workplace, Colony’s proposed capital and governance structure, based on technological and game theoretic insight may offer useful lessons. Drawing from this pre-figurative structure, self-imposed institutional rules may be deployed by worker cooperatives in their by-laws to avoid some of the main pitfalls associated with labour management and thereby, potentially, vitalise the formation of the cooperative form.


Morshed Mannan
Morshed Mannan, LLM (Adv.), PhD Candidate, Company Law Department, Institute of Private Law, Universiteit Leiden.
Article

Restorative responses to campus sexual harm: promising practices and challenges

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Sexual assault, feminist, restorative justice in colleges and universities
Authors Donna Coker
AbstractAuthor's information

    The purpose of this article is to examine restorative approaches to campus sexual harm. A restorative response may provide support and validation for survivors, a pathway for personal change for those who cause sexual harm, and assist in changing campus culture. The article addresses three significant challenges to developing a restorative response. The first challenge is the influence of a pervasive ideology that I refer to as crime logic. A second challenge is the need for an intersectional response that addresses the potential for bias in decisions by campus administrators and restorative justice practitioners. The third challenge is to develop restorative approaches for circumstances in which a victim/perpetrator dyad is not appropriate.


Donna Coker
Donna Coker is Professor of Law, University of Miami School of Law, Miami, USA. Contact author: dcoker@law.miami.edu.

    This paper examines three Inter-American Court (IACtHR) cases on behalf of the Enxet-Sur and Sanapana claims for communal territory in Paraguay. I argue that while the adjudication of the cases was successful, the aftereffects of adjudication have produced new legal geographies that threaten to undermine the advances made by adjudication. Structured in five parts, the paper begins with an overview of the opportunities and challenges to Indigenous rights in Paraguay followed by a detailed discussion of the adjudication of the Yakye Axa, Sawhoyamaxa, and Xákmok Kásek cases. Next, I draw from extensive ethnographic research investigating these cases in Paraguay to consider how implementation actually takes place and with what effects on the three claimant communities. The paper encourages a discussion between geographers and legal scholars, suggesting that adjudication only leads to greater social justice if it is coupled with effective and meaningful implementation.


Joel E. Correia Ph.D.
Postdoctoral Research Associate in the Center for Latin American Studies at the University of Arizona.
Article

Voorstel tot een historische kritiek van het neoliberalisme

Journal Res Publica, Issue 2 2018
Keywords Neoliberalism, Friedrich Hayek, Walter Eucken, classical liberalism, Michel Foucault
Authors Lars Cornelissen
AbstractAuthor's information

    In this article I argue that the commonplace interpretation of neoliberalism in the Netherlands is mistaken. According to this interpretation the term ‘neoliberalism’ refers to a series of policies, including privatisation and deregulation, that were implemented in the Netherlands in the 1980’s in imitation of Thatcher and Reagan. I argue that it is not this series of policies but the justification underpinning them that is of a neoliberal nature. To support this claim I offer a brief genealogical history of neoliberal thought, which developed in the interwar period, by explicitly distinguishing itself from both 19th-century classical liberalism and contemporary modern liberalism. On the basis of this historical account I assert that neoliberalism adopts the foundational principles of classical and modern liberalism, but that it prescribes different formal principles of rational government. I conclude that this diction makes it possible to write a critical history of neoliberalism.


Lars Cornelissen
Lars Cornelissen doet doctoraal onderzoek aan de University of Brighton (Verenigd Koninkrijk). Hij is gespecialiseerd in de geschiedenis van het neoliberalisme en schrijft zijn dissertatie over het antidemocratische aspect van neoliberale politieke economie.

Marieke Borren
Dr. Marieke Borren werkte tot voor kort als postdoctoraal onderzoeker aan de faculteit filosofie van de Universiteit van Pretoria, Zuid-Afrika. Op dit moment is ze UD filosofie aan de Open Universiteit en UD gender en postcolonial studies aan de Universiteit Utrecht.
Article

Hybrid Peacebuilding in Northern Ireland and the Border Counties

The Impact of the International Fund for Ireland and the European Union’s Peace III Fund

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2015
Keywords Northern Ireland, economic aid, elicitive approach, liberal peace, grass-roots everyday peacemakers
Authors Julie Hyde and Sean Byrne
AbstractAuthor's information

    This article draws upon a wide qualitative study of the experiences and perceptions held by 107 community group leaders and 13 funding agency development officers within the liminal context of Northern Ireland and the Border Counties. These organizations received funding from the European Union’s Peace III Program and/or the International Fund for Ireland. Semi-structured interviews were conducted with key figures in these groups and agencies during the summer of 2010. This data is explored in relation to the concept of hybrid peacebuilding so as to better identify and articulate the potentialities and challenges associated with grass-roots macro-level interactions. The empirical findings indicate the necessity of flexibility in empowering local decision makers in a hybridized peacebuilding process. Local people should be involved with the funders and the governments in constructing and in implementing these processes. The theoretical findings are consistent with previous research that favors elicitive and local rather than top-down bureaucratic and technocratic processes. More attention needs to be paid to how local people see conflict and how they build peace. The prescriptive/practical implications are that policymakers must include the grass roots in devising and implementing peacebuilding; the grass roots need to ensure their local practices and knowledge are included; and external funders must include local people’s needs and visions in more heterogeneous hybrid peacebuilding approaches. The article is original, providing grass-roots evidence of the need to develop the hybrid peacebuilding model.


Julie Hyde
Julie Hyde is a Ph.D. Candidate in peace and conflict studies at the University of Manitoba. Her research focuses on critical approaches to peacebuilding, peace education, and indigenous/non-indigenous relationships.

Sean Byrne
Sean Byrne is professor of peace and conflict studies and director of the Arthur V Mauro Centre for Peace and Justice, St. Paul’s College, University of Manitoba. He has published extensively in the area of critical and emancipatory peace building. He was a consultant to the special advisor to the Irish Taoiseach on arms decommissioning. He is a consultant on the Northern Ireland peace process to the senior advisor for Europe and Eurasia at the U.S. Senate foreign relations committee. His research was funded by SSHRC and the USIP.
Article

Access_open Austerity’s Effect on English Civil Justice

Journal Erasmus Law Review, Issue 4 2015
Keywords Austerity, court fees and legal aid, adversarial and inquisitorial process, McKenzie Friends, simplified process
Authors John Sorabji
AbstractAuthor's information

    This article considers the effect of austerity-induced public spending cuts on the English civil justice system. In doing so it initially examines two fundamental changes engendered by the effect austerity has had on civil court fees and legal aid: first, a challenge to the traditional commitment in English procedure to adversarial process, and a concomitant increase in inquisitorial or investigative processes; and secondly, the growth in use of unqualified individuals to act as advocates in court for individual litigants who are unable to afford legal representation. It then turns to consider what, if any, effect austerity has had on simplified processes available in English civil procedure.


John Sorabji
DPhil, Senior Fellow, UCL Judicial Institute, University College, London, email: j.sorabji@ucl.ac.uk.
Article

Another Type of Deficit?

Human Rights, Corporate Social Responsibility, and the Shaping of the European Union’s Linkage Strategy

Journal European Journal of Law Reform, Issue 4 2014
Keywords human rights, corporate social responsibility, linkage strategy
Authors Aurora Voiculescu
AbstractAuthor's information

    This article engages with the European Union’s continuing strategy, in the context of the economic crisis, of addressing the human rights deficit of the current economic model by promoting a multifarious normative linkage between the economic, market-driven sphere and the human rights-anchored social sphere. The article looks into issues of normativity associated with the EU linkage agenda and interrogates some of its institutional and conceptual elements. It contends that, while the linkage discourse depends on a multitude of actors and factors, the EU encompasses a number of features that – by entropy as much as by design – facilitate an interrogation of the normative set-up that currently holds between human rights and the market mechanisms. The first part of the article addresses the linkage or ‘trade and’ debate that carries distinct nuances within contemporary international economic law. In the second part, the potential as well as the challenges brought about by the EU as a socio-political entity highlight the bringing together of competing normative issues. Lastly, the article considers the EU conceptual inroads in developing the necessary tools for consolidating and addressing the linkage agenda. Through this analysis, the article highlights an essential, dynamic nexus and a search for normative synchronisation between the economic development model and the social model. It is argued that coupling this nexus with a conceptual rethinking can increase the chances of matching the so far rhetorical persuasiveness of the linkage discourse with the so far elusive conceptual coherence and policy consistency.


Aurora Voiculescu
Westminster International Law and Theory Centre, University of Westminster, London, United Kingdom. A first draft of this paper was presented at the workshop organised by the Centre for the Law of EU External Relations (CLEER) ‘Linking trade and non-commercial interests: the EU as a global role model?’, on 9 November 2012 at the TMC Asser Institute, The Hague. I am very grateful to the workshop participants as well as to Tamara Takacs, Andrea Ott, and Angelos Dimopoulos for the very insightful comments that helped me develop the paper further. Of course, all remaining mistakes are entirely mine.
Article

Beyond Financialisation?

Transformative Strategies for More Sustainable Financial Markets in the European Union

Journal European Journal of Law Reform, Issue 4 2014
Keywords financialisation, financial market integration, financial reform, financial innovation, financial crisis
Authors Dieter Pesendorfer
AbstractAuthor's information

    The global financial crisis has led many regulators and lawmakers to a rethinking about current versus optimum financial market structures and activities that include a variety and even radical ideas about deleveraging and downsizing finance. This paper focuses on the flaws and shortcomings of regulatory reforms of finance and on the necessity of and scope for more radical transformative strategies. With ‘crisis economics’ back, the most developed countries, including the EU member states, are still on the edge of disaster and confronted with systemic risk. Changes in financial regulation adopted in the aftermath of the financial meltdown have not been radical enough to transform the overall system of finance-driven capitalism towards a more sustainable system with a more embedded finance. The paper discusses financialisation in order to understand the development trends in finance over the past decades and examines various theories to describe the typical trends and patterns in financial regulation. By focusing on a limited number of regulatory reforms in the European Union, the limitations of current reforms and the need for additional transformative strategies necessary to overcome the finance-driven accumulation regime are explored. Finally, the regulatory space for such transformative strategies and for taming finance in times of crisis, austerity, and increased public protest potential is analysed.


Dieter Pesendorfer
Queen’s University Belfast, School of Law, d.pesendorfer@qub.ac.uk.
Article

A Crisis Beyond Law, or a Crisis of Law?

Reflections on the European Economic Crisis

Journal European Journal of Law Reform, Issue 4 2014
Keywords Eurozone, economic crisis, Greece, debt, Grexit
Authors Ioannis Glinavos
AbstractAuthor's information

    This paper attempts to locate the place of law in debates on the economic crisis. It suggests that law is the meeting point of politics and economics, not simply the background to market operations. It is suggested therefore that the law should be seen as the conduit of the popular will through political decision making onto economic systems and processes. The paper argues that the crisis can be seen as being the consequence of the dis-embedding of the political from the economic, and it is this distance that causes legal frameworks to operate in unsatisfactory ways. With this theoretical basis, the paper examines the sovereign debt crisis in Europe. The European debt crisis in general and the plight of Greece in particular show why plasticity in policy making is necessary and also reveal why current orthodox solutions to economic calamities fail. The inflexibility of the neoclassical understanding of the state-market relationship does not allow for avenues out of crisis that are both theoretically coherent and politically welcome. Such realisations form the basis of the examination of the rules framing the Eurozone. This paper, after conducting an investigation of exit points from the Eurozone, condemns the current institutional framework of the EU, and especially the EMU as inflexible and inadequate to deal with the stress being placed on Europe by the crisis.


Ioannis Glinavos
Dr Ioannis Glinavos is Senior Lecturer in Law at the University of Westminster, i.glinavos@westminster.ac.uk.
Article

Access_open Corporate Governance and the Great Recession

An Alternative Explanation for Germany's Success in the Post-2008 World

Journal The Dovenschmidt Quarterly, Issue 1 2014
Keywords Great Recession, Germany, corporate governance, institutional complementarity, EMU
Authors Pavlos E. Masouros
AbstractAuthor's information

    The ability of a nation to resist a crisis depends on the institutional or spatio-temporal fixes it possesses, which can buffer the effects of the crisis, switch the crisis to other nations or defer its effects to the future. Corporate governance configurations in a given country can function as institutional or spatio-temporal fixes provided they are positioned within an appropriate institutional environment that can give rise to beneficial complementarities.
    Germany seems to resist most effectively compared with other nations (be it nations of the insider or the outsider model of corporate governance) the effects of the post-2008 crisis. This article posits that this is due to an institutional complementarity between Germany's corporate governance system, its system of industrial relations and the monetary institutions of the European Monetary Union. The advent of shareholder value has blended in a beneficial way with an established system of cooperative collective bargaining, with traditional stakeholderist institutions, but also with the asymmetrical design of the EMU that benefits trade surplus countries, and this institutional complementarity has endowed Germany with a comparative advantage over other nations (particularly EU Member States) to pursue its export-led growth strategy and emerge as a champion economy amidst the crisis.


Pavlos E. Masouros
Assistant Professor of Corporate Law, Leiden University, The Netherlands; Attorney-at-Law, Athens, Greece.
Discussion

Access_open ‘We Are Also Here.’ Whose Revolution Will Democracy Be?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2012
Keywords democracy, public sphere, civil society, Arab Spring, feminism
Authors Judith Vega
AbstractAuthor's information

    Steven Winter’s argument is premised on a sharp contrast of individualist and social revolutions. I elaborate my doubts about his argument on three accounts, involving feminist perspectives at various points. First, I take issue with Winter’s portrayal of liberal theory, redirecting the focus of his concern to economic libertarianism rather than liberalism, and arguing a more hospitable attitude to the Kantian pith in the theory of democracy. Secondly, I discuss his conceptualization of democracy, adding the conceptual distinction of civil society and public sphere. Thirdly, I question his normative notion of socially situated selves as having an intrinsic relation to social freedom. I moreover consult cultural history on the gendered symbolics of market and democracy to further problematize Winter’s take on either’s meaning for social freedom.


Judith Vega
Judith Vega is Lecturer in Social and Political Philosophy at the University of Groningen, the Netherlands.
Article

Access_open Globalization as a Factor in General Jurisprudence

Journal Netherlands Journal of Legal Philosophy, Issue 2 2012
Keywords general jurisprudence, globalization, global legal pluralism, legal positivism, analytical jurisprudence
Authors Sidney Richards
AbstractAuthor's information

    Globalization is commonly cited as an important factor in theorising legal phenomena in the contemporary world. Although many legal disciplines have sought to adapt their theories to globalization, progress has been comparatively modest within contemporary analytical jurisprudence. This paper aims to offer a survey of recent scholarship on legal theory and globalization and suggests various ways in which these writings are relevant to the project of jurisprudence. This paper argues, more specifically, that the dominant interpretation of globalization frames it as a particular form of legal pluralism. The resulting concept – global legal pluralism – comes in two broad varieties, depending on whether it emphasizes normative or institutional pluralism. This paper goes on to argue that these concepts coincide with two central themes of jurisprudence, namely its concern with normativity and institutionality. Finally, this paper reflects on the feasibility of constructing a ‘general’ and ‘descriptive’ jurisprudence in light of globalization.


Sidney Richards
Sidney Richards is Doctoral candidate in Law at Pembroke College at the University of Cambridge.

Bilal Benyaich
Bilal Benyaich (1982) is licentiaat in de politieke wetenschappen (VUB) en is werkzaam als beleidsmedewerker bij de Sociaal-Economische Raad van Vlaanderen.

Abiola O. Makinwa
Abiola Makinwa is a doctoral candidate at the Department of Private International and Comparative Law, Faculty of Law, Erasmus University Rotterdam. The author would like to thank Professor Nicholas Dorn for his comments on the first draft of this paper. The usual disclaimer applies.
Article

De staat in drie generaties van global governance

Journal Res Publica, Issue 1 2005
Authors Dries Lesage, Jan Orbie, Tine Vandervelden e.a.
AbstractAuthor's information

    In this article, we argue that there are indications for the emergence of a third phase in the idea of global governance. After the phase of extensive state intervention and etatism (1945-1980) and the phase of deregulation and marketization (1980-now), this third phase aims at restoring typically governmental functions (e.g. social cohesion, financial stability, public health). Indications are international measures against the drawbacks of globalization (e.g. financial instability), the eroding legitimacy of the market-oriented WTO regime, the formulation of new security concepts establishing links between national interest and transnational problems and the enhanced interest in global policy coordination (e.g. UN Millennium Development Goals). Yet today, unlike in 1945-1980, globalization and complex interdependence are accepted as facts, and we also witness attempts to realize ‘governmental’ functions at the global level. But the direction which global governance will follow the years ahead, remains to a large extent a matter of political choice.


Dries Lesage
Post-doctoraal onderzoeker FWO-Vlaanderen aan de Vakgroep Politieke wetenschappen Universiteit Gent.

Jan Orbie
Aspirant FWO-Vlaanderen aan de Vakgroep Politieke wetenschappen Universiteit Gent.

Tine Vandervelden
Assistent aan de Vakgroep Politieke wetenschappen Universiteit Gent.

Sara Van Belle
Assistent aan de Vakgroep Politieke wetenschappen Universiteit Gent.
Showing 1 - 20 of 21 results
« 1
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.