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Article

Morality in the Populist Radical Right

A Computer-Assisted Morality Frame Analysis of a Prototype

Journal Politics of the Low Countries, Issue Online First 2021
Keywords Populist radical right, morality, frame analysis, word2vec, crimmigration
Authors Job P.H. Vossen
AbstractAuthor's information

    This article provides a computer-assisted morality framing analysis of Vlaams Belang’s 2019 manifesto. The VB is regarded in the literature as a prototypical example of the Populist Radical Right (PRR). We first concisely review what PRR politics is and what it consists of, tentatively distinguishing four elements that we hypothesise will materialise in corresponding subframes running throughout the manifesto. We point to a mismatch between the omnipresent role of morality in all PRR subframes and the little attention devoted to the concept in the PRR literature. We introduce a useful theory from social psychology into framing literature to create a novel methodological approach to frame analysis that builds a bridge between a qualitative content and a quantitative context approach. The results support our hypothesis that populism, nationalism, nativism and authoritarianism can be distinguished from one another. Additionally, we detect a fifth PRR subframe, crimmigration, by its unique role of morality.


Job P.H. Vossen
Job Vossen is a PhD candidate at the University of Antwerp. His research investigates (im)morality in political discoursing and its interacting with fear, solidarity and gender and sexuality. The corresponding author states that there is no conflict of interest.
Article

Access_open Big Data Ethics: A Life Cycle Perspective

Journal Erasmus Law Review, Issue 1 2021
Keywords big data, big data analysis, data life cycle, ethics, AI
Authors Simon Vydra, Andrei Poama, Sarah Giest e.a.
AbstractAuthor's information

    The adoption of big data analysis in the legal domain is a recent but growing trend that highlights ethical concerns not just with big data analysis, as such, but also with its deployment in the legal domain. This article systematically analyses five big data use cases from the legal domain utilising a pluralistic and pragmatic mode of ethical reasoning. In each case we analyse what happens with data from its creation to its eventual archival or deletion, for which we utilise the concept of ‘data life cycle’. Despite the exploratory nature of this article and some limitations of our approach, the systematic summary we deliver depicts the five cases in detail, reinforces the idea that ethically significant issues exist across the entire big data life cycle, and facilitates understanding of how various ethical considerations interact with one another throughout the big data life cycle. Furthermore, owing to its pragmatic and pluralist nature, the approach is potentially useful for practitioners aiming to interrogate big data use cases.


Simon Vydra
Simon Vydra is a Researcher at the Institute for Public Administration, Leiden University, the Netherlands.

Andrei Poama
Andrei Poama is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Sarah Giest
Sarah Giest is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Alex Ingrams
Alex Ingrams is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Bram Klievink
Bram Klievink is Professor of Digitization and Public Policy at the Institute for Public Administration, Leiden University, the Netherlands.
Article

The Praise for a ‘Caretaker’ Leader

Gendered Press Coverage of Prime Minister Sophie Wilmès in a COVID-19 Context

Journal Politics of the Low Countries, Issue 2 2021
Keywords political leadership, crisis, care, Belgium, gendered media coverage
Authors Clémence Deswert
AbstractAuthor's information

    Studies on media coverage of women politicians have underlined how the media contribute to the association of the figure of the political leader with masculinity. Yet, the social construction of leadership seems to evolve towards a more ‘femininity-inclusive’ definition. Research on the ‘glass cliff’ phenomenon suggests that stereotypical feminine attributes might be expected from political leaders in a time of crisis. We investigated the gendered construction of political leadership in the press in a COVID-19 context through the case of former Belgian Prime minister Sophie Wilmès. In line with the ‘think crisis-think female’ association, our discourse analysis shows an appreciation of traditionally feminine traits, and particularly care-related qualities, in the evaluation of what a ‘good’ leader should be in pandemic times, although some characteristics traditionally associated with masculinity are still considered valuable assets in the journalistic portrayal of Wilmès’ leadership.


Clémence Deswert
Clémence Deswert is a PhD candidate at the Political Science Department of the Université libre de Bruxelles (ULB). Her research interests include political communication and political representation of women. Declaration of interests: I confirm that this article was not submitted to or publicised in another journal. No conflict of interest exists.
Article

Access_open An Actor Approach to Mediatization

Linking Politicians’ Media Perceptions, Communication Behaviour and Appearances in the News

Journal Politics of the Low Countries, Issue 1 2021
Keywords mediatization, politicians, news media, media perceptions, news management
Authors Pauline Ketelaars and Peter Van Aelst
AbstractAuthor's information

    In the light of the broader debate on the mediatization of politics, this study wants to better understand how the media perceptions and media behaviour of politicians are related to their appearances in the news. We opt for an innovative actor-centred approach to actually measure the views and actions of individual politicians. We combine surveys conducted with 142 Belgian representatives with data on politicians’ external communication behaviour and on their appearances in television news, newspapers and news websites. The results show that media behaviour is not so much related to beliefs of media importance. We do find a significant positive relationship between strategic media behaviour and media attention suggesting that politicians who put in more effort appear more often in various news media. However, this positive relationship depends on the specific form of strategic communication and the political position of the legislator. Our study adds to the mediatization literature by showing how and when politicians are successful in obtaining media attention.


Pauline Ketelaars
Pauline Ketelaars was a postdoctoral researcher of the Fonds Wetenschappelijk Onderzoek (FWO). Her main research interests are political communication and social movements.

Peter Van Aelst
Peter Van Aelst is a research professor at the department of political science at the University of Antwerp and a founding member of the research group ‘Media, Movements and Politics’ (M2P). His research focuses on political communication. Corresponding author: peter.vanaelst@uantwerpen.be.
Article

Comments and Content from Virtual International Online Dispute Resolution Forum

1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR)

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Authors David Allen Larson, Noam Ebner, Jan Martinez e.a.
Abstract

    For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations:

    • David Allen Larson – ODR Accessibility

    • Noam Ebner – Human Touch

    • Jan Martinez & Amy Schmitz – ODR and Innovation

    • Frank Fowlie – Online Sport Dispute Resolution

    • Larry Bridgesmith – AI Introductory Notes

    • Julie Sobowale – AI and Systemic Bias

    • Clare Fowler – DEODRISE

    • Michael Wolf – ODR 2.0 System Design

    • Chris Draper – Algorithmic ODR

    • Zbynek Loebl – Open ODR


David Allen Larson

Noam Ebner

Jan Martinez

Amy Schmitz

Frank Fowlie

Larry Bridgesmith

Julie Sobowale

Clare Fowler

Michael Wolf

Chris Draper

Zbynek Loebl
Article

Increased Uptake of Surveillance Technologies During COVID-19

Implications for Democracies in the Global South

Journal European Journal of Law Reform, Issue 4 2020
Keywords surveillance technology, platform economy, COVID-19, democracy, global south, belt and road initiative
Authors Alex Read
AbstractAuthor's information

    Social change and introduction of new technologies have historically followed crises such as pandemics, and COVID-19 has seen increasing public tracking through the use of digital surveillance technology. While surveillance technology is a key tool for enhancing virus preparedness and reducing societal risks, the speed of uptake is likely to raise ethical questions where citizens are monitored and personal data is collected. COVID-19 has occurred during a period of democratic decline, and the predominant surveillance-based business model of the ‘platform economy’, together with the development and export of artificial intelligence (AI)-powered surveillance tools, carries particular risks for democratic development in the countries of the Global South. Increased use of surveillance technology has implications for human rights and can undermine the individual privacy required for democracies to flourish. Responses to these threats must come from new regulatory regimes and innovations within democracies and a renewed international approach to the threats across democracies of the Global North and South.


Alex Read
Alex Read, democratic governance consultant for organisations including UNDP, Inter-Parliamentary Union, Westminster Foundation for Democracy.
Research Note

Campaigning Online and Offline: Different Ballgames?

Presidentialization, Issue Attention and Negativity in Parties’ Facebook and Newspaper Ads in the 2019 Belgian General Elections

Journal Politics of the Low Countries, Issue 3 2020
Keywords political advertising, Belgium, social media, newspapers, campaign
Authors Jonas Lefevere, Peter Van Aelst and Jeroen Peeters
AbstractAuthor's information

    This Research Note investigates party advertising in newspapers and on social media (Facebook) during the 2019 general elections in Flanders, the largest region of Belgium. The 2019 elections saw a marked increase in the use of social media advertising by parties, whereas newspaper advertising saw a decline. Prior research that compares multiple types of advertising, particularly advertising on social and legacy media remains limited. As such, based on a quantitative content analysis we investigate not just the prevalence of party advertising on both types of media, but also compare the level of negativity, presidentialisation, and issue emphasis. Our analysis reveals substantial differences: we find that not only the type of advertisements varies across the platforms, but also that social media ads tend to be more negative. Finally, parties’ issue emphasis varies substantially as well, with different issues being emphasized in newspaper and Facebook advertisements.


Jonas Lefevere
Jonas Lefevere is research professor of political communication at the institute for European Studies (VUB) and assistant professor at Vesalius College, Brussels.

Peter Van Aelst
Peter Van Aelst is a research professor at the department of political science at the University of Antwerp.

Jeroen Peeters
Jeroen Peeters is a PhD student at the department of political science at the University of Antwerp.

Anett Pogácsás
Anett Pogácsás: senior lecturer, Pázmány Péter Catholic University, Budapest; member of the Hungarian Council of Copyright Experts.
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

A Linguistic Insight into the Legislative Drafting of English-Speaking Jurisdictions

The Use of ‘Singular They’

Journal European Journal of Law Reform, Issue 1 2020
Keywords gender neutrality, ‘singular they’, linguistic insight, legislative drafting, English-language jurisdictions
Authors Giulia Adriana Pennisi
AbstractAuthor's information

    Gender specificity in legislation started being questioned in the late 20th century, and the need to reform the way in which laws have been written for more than one-hundred years has been particularly evident in English-language jurisdictions. In the 1990s and 2000s, the adoption of a plain English style forced legislative drafters to avoid sentences of undue length, superfluous definitions, repeated words and gender specificity with the aim of achieving clarity and minimizing ambiguity.
    Experts in the legal field have suggested reorganizing sentences, avoiding male pronouns, repeating the noun in place of the pronoun, replacing a nominalization with a verb form, resorting to ‘the singular they’. This article gives a linguistic insight into the use of ‘singular they’ in English, beginning with a historical background and going on to assess the impact of its use in the primary legislation issued in a selection of English-language jurisdictions (Australia, Canada, New Zealand, the UK, the US) in the last decade (2008-2018). Given the environment of legislative drafting techniques, where considerable reliance on precedent is inevitable, proposals to change legislative language may produce interesting results in different jurisdictions.


Giulia Adriana Pennisi
Associate Professor (field of research, English Language and Translation) at the University of Palermo, Department of Political Science and International Relations; Associate Research Fellow at the Institute of Advanced Legal Studies, Sir William Dale Centre, University of London.
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.
Article

Listening deeply to public perceptions of Restorative Justice

What can researchers and practitioners learn?

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Public perception, media, apophatic listening, online comments, understandings of restorative justice
Authors Dorothy Vaandering and Kristin Reimer
AbstractAuthor's information

    This article explores public perceptions of restorative justice through the examination of media articles and negative online reader comments surrounding a high-profile incident in a Canadian university in which a restorative process was successfully engaged. Utilising relational discourse analysis, we identify how restorative justice is presented in the media and how that presentation is taken up by the public. Media representations of restorative justice create understandings among the public that are profoundly different from how many restorative justice advocates perceive it. The aim of this article is to examine media representations of restorative justice and how these are received by the public so that we can respond constructively.


Dorothy Vaandering
Dorothy Vaandering, Ph.D., is an Associate Professor at the Faculty of Education, Memorial University of Newfoundland, St. John’s, Canada.

Kristin Reimer
Kristin Reimer, Ph.D., is a lecturer in Restorative Justice and Relational Pedagogies at the Faculty of Education, Monash University, Melbourne, Australia.
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.

Bence Kis Kelemen
Junior assistent professor, University of Pécs.
Article

Keeping complexity alive: restorative and responsive approaches to culture change

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Restorative justice, responsive regulation, relational governance, complexity
Authors Gale Burford
AbstractAuthor's information

    The human services are fraught with history of failure related to grasping oversimplified, across-the-board solutions that are expected to work in all situations for all groups of people. This article reviews some of the long-standing and current challenges for governance of programmes in maintaining cultures that safeguard restorative and responsive standards, principles and values, thereby amplifying and enhancing their centrality to relational engagement within families, groups, communities and organisations. Despite their potential for helping groups of people grapple with the complex dynamics that impact their lives, restorative justice approaches are seen as no less vulnerable to being whittled down to technical routines through practitioner and sponsor colonisation than other practices. This article explores some of the ways culture can work to erode and support the achievement of restorative standards, and why restorative justice and regulation that is responsive to the ongoing experiences of affected persons offers unique paths forward for achieving justice. Included in this exploration are the ways that moral panic and top-down, command-and-control management narrow relational approaches to tackling complex problems and protect interests that reproduce social and economic inequality.


Gale Burford
Gale Burford is Emeritus Professor of Social Work, University of Vermont, Burlington, USA. Contact author: gburford@uvm.edu. Disclosure statement: There are no financial conflicts of interest.
Article

Why Better Regulation Demands Better Scrutiny of Results

The European Parliament’s Use of Performance Audits by the European Court of Auditors in ex post Impact Assessment

Journal European Journal of Law Reform, Issue 1-2 2017
Keywords EU budget, European Parliamentary Research Service, policy evaluation, scrutiny, oversight
Authors Paul Stephenson
AbstractAuthor's information

    Ex post impact assessment (traditionally considered part of policy evaluation) received less attention in the preceding ‘Better Regulation’ package (2011) than ex ante impact assessment. Yet, the insights generated through ex post impact assessment provide crucial input for streamlining legislation. In recognition of its contribution, the current agenda (2015) extends the reach to policy evaluation, and from financial instruments to regulatory instruments. In light of existing experience with impact assessments in Commission Directorates-General (DGs), the European Union (EU) institutions have been increasingly aware of the need to develop staff expertise in ex post (policy) evaluation, which has in the past been largely outsourced to external parties. Making sense of collected input and incorporating it within impact assessment is time consuming. Indeed, taking up the findings for practical use is a challenge for political decision makers but essential for the purposes of accountability, scrutiny and institutional learning. The challenge is more so, given the wealth of information being generated by multiple parties and the increasing technical and financial complexity of certain policy areas. The role of the Commission as an advocate of ‘Better Regulation’ has been studied extensively. However, we know relatively little about the role of the European Parliament (EP) in ex post evaluation. This article contributes to the literature on ‘Better Regulation in the EU’ by shedding light on the EP activities in the realm of scrutiny and evaluation. In particular, it looks at the Parliament’s use of special reports produced by the European Court of Auditors (ECA) through its performance audit work and how it takes on board the findings and recommendations in its scrutiny of budgetary spending. Moreover, it examines the emerging role of the European Parliamentary Research Service (EPRS) in monitoring the outputs of the ECA and other bodies engaged in audit and evaluation, and thereby, the way in which the EPRS is helping increase the Parliament’s capacity for scrutiny and oversight.


Paul Stephenson
Maastricht University.
Article

Ethical Principles for Online Dispute Resolution

A GPS Device for the Field

Journal International Journal of Online Dispute Resolution, Issue 1 2016
Keywords ODR, ethics, alternative dispute resolution, technology
Authors Leah Wing
AbstractAuthor's information

    The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations. In response, there have been assertions about the importance of applying to online dispute resolution (ODR) the shared values already enshrined within alternative dispute resolution (ADR) as well as calls to more carefully assess ways they may be insufficient or need refining to adequately address the new ethical challenges emerging in ODR. As ODR is increasingly incorporated into legislation, regulation and a wide variety of sectors in society, it is timely to explore the importance of ethical principles specifically for ODR. In the hope of contributing to these efforts, this article examines the benefits and challenges of articulating a set of ethical principles to guide the development and implementation of ODR systems, technology and processes.


Leah Wing
Leah Wing is Co-Director, National Center for Technology and Dispute Resolution, and Senior Lecturer, Legal Studies Program, Department of Political Science, University of Massachusetts at Amherst (USA).
Article

The Fight against Corruption in Sierra Leone

Challenges and Opportunities in the Jurisprudence

Journal African Journal of International Criminal Justice, Issue 1-2 2016
Keywords Accountability, corruption, judicial approach, jurisprudence, reforms
Authors Michael Imran Kanu
AbstractAuthor's information

    The fight against corruption in Sierra Leone gained momentum, at least in terms of policy direction, following the enactment of the Anti-Corruption Act 2000 and the Amendment Act in 2008. It is considered to be one of the most robust anti-graft laws in the world and its promulgation is in recognition of the international and national resolve to fight the menace, owing to its devastating effects, especially in the Least Developed Countries (LCDs) of the world. The Anti-Corruption Act of 2000, though viewed as a tremendous move towards curtailing corruption, was riddled with shortcomings. Practitioners viewed the Act as limited in the number of proscribed offences created, coupled with the lack of independence signified by the absence of prosecutorial powers. With the enactment of the Amendment Act in 2008, it is crucial to examine the opportunities it has created to eradicate corruption. Critical also to the national and global resolve is the consideration of challenges that may have sprouted. This paper will examine some of the opportunities and challenges in the jurisprudence in the fight against corruption in Sierra Leone, with the aim of providing an avenue for reflection as well as a prompter for legislative reforms or change in judicial approach.


Michael Imran Kanu
Department of Legal Studies, Central European University. Email: Kanu_Michael@phd.ceu.edu.

András Koltay
Associate professor, Pázmány Péter Catholic University.
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