Search result: 184 articles

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Lies Van Cleynenbreugel
Lies Van Cleynenbreugel is an action researcher at the Leuven Institute of Criminology, KU Leuven, Belgium and in charge of the project ‘Leuven Restorative Cities’; she is also a restorative justice practitioner in the NGO Alba.
Article

Looking beneath the iceberg: can shame and pride be handled restoratively in cases of workplace bullying

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Bullying, victimisation, shame management, pride management, social connectedness
Authors Valerie Braithwaite and Eliza Ahmed
AbstractAuthor's information

    Central to restorative justice interventions that follow revised reintegrative shaming theory (Ahmed, Harris, Braithwaite & Braithwaite, 2001) is individual capacity to manage shame and pride in safe and supportive spaces. From a random sample of 1,967 Australians who responded to a national crime survey, 1,045 completed a module about bullying experiences at work over the past year, along with measures of shame and pride management (the MOSS-SASD and MOPS scales). Those who identified themselves as having bullied others were pride-focused, not shame-focused. They were more likely to express narcissistic pride over their work success, lauding their feats over others, and were less likely to express humble pride, sharing their success with others. In contrast, victims were defined by acknowledged and displaced shame over work task failures. In addition to these personal impediments to social reintegration, those who bullied and those targeted had low trust in others, particularly professionals. While these findings do not challenge macro interventions for culture change through more respectful and restorative practices, they provide a basis for setting boundaries for the appropriate use of restorative justice meetings to address particular workplace bullying complaints.


Valerie Braithwaite
Valerie Braithwaite is a Professor at the Regulatory Institutions Network, Australian National University, Canberra, Australia.

Eliza Ahmed
Eliza Ahmed is a visiting fellow at the Regulatory Institutions Network, Australian National University, Canberra, Australia.
Article

Access_open Fenomenologie van het proces van bewijzen in strafzaken

Over de noodzaak van het vooroordeel

Journal Netherlands Journal of Legal Philosophy, Issue 1 2019
Authors Thomas Jacobus de Jong
Abstract

    In deze bijdrage staat de activiteit van bewijzen in strafzaken centraal. Betoogd wordt dat de vigerende rationalistische opvatting van strafrechtelijk bewijzen eraan voorbij gaat dat het bewijzen zich allereerst voltrekt op een vóór-reflectief niveau. Het primaire blikveld van de mens is namelijk niet het objectiverende kennen, zoals in de rationele bewijstheorieën wordt voorondersteld, maar de praktische relatie tot de wereld. In dit kader wordt eerst de filosofische achtergrond van de rationalistische bewijsopvatting in kaart gebracht, in het bijzonder de invloed van Aristoteles en Descartes. Vervolgens worden de daaruit voortkomende bevindingen aan de hand van ideeën en inzichten die zijn ontleend aan de existentiële fenomenologie kritisch gewaardeerd. Dit leidt tot de uiteenzetting van een hermeneutische opvatting van strafrechtelijk bewijzen.


Thomas Jacobus de Jong
Rulings

ECJ 14 February 2019, case C-154/18 (Horgan), Age discrimination

Tomás Horgan, Claire Keegan – v – Minister for Education & Skills, Minister for Finance, Minister for Public Expenditure & Reform, Ireland, Attorney General, Irish case

Journal European Employment Law Cases, Issue 1 2019
Keywords Age discrimination
Abstract

Law Review

2019/1 EELC’s review of the year 2018

Journal European Employment Law Cases, Issue 1 2019
Authors Ruben Houweling, Catherine Barnard, Filip Dorssemont e.a.
Abstract

    For the second time, various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks.


Ruben Houweling

Catherine Barnard

Filip Dorssemont

Jean-Philippe Lhernould

Francesca Maffei

Niklas Bruun

Anthony Kerr

Jan-Pieter Vos

Luca Ratti

Daiva Petrylaite

Andrej Poruban

Stein Evju

Christa Pelikan
Christa Pelikan (PhD) is Senior Researcher at the Institute for the Sociology of Law and Criminology (IRKS), Vienna, Austria.

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

Teaching restorative practices through games: an experiential and relational restorative pedagogy

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords restorative pedagogy, games, teaching, experiential learning
Authors Lindsey Pointer and Kathleen McGoey
AbstractAuthor's information

    This article argues for the use of games as an effective and dynamic way to teach restorative practices. Grounded in an understanding of restorative pedagogy, a paradigm of teaching in alignment with restorative values and principles, as well as experiential learning strategies, this article introduces games as a way for students to experience and more deeply understand restorative practices while building relationships and skills. Personal accounts of the authors about the impact of using games to teach restorative practices in their own communities are also included.


Lindsey Pointer
Lindsey Pointer is a PhD Candidate at Victoria University of Wellington and Creative Director of Aspen Restorative Consulting in Wellington, New Zealand.

Kathleen McGoey
Kathleen McGoey is the Executive Director of Longmont Community Justice Partnership, Longmont, USA.

    The Danish Supreme Court has held there was no discrimination against four part-time teachers at a university in that they did not receive pension contributions. Their positions could not be compared to those of full-time teachers, who were entitled to pension contributions. However, it did constitute a violation of the Danish rules on fixed-term work that the teachers had, for a number of years, been employed on several fixed-term contracts, as they had, in effect, been continuously employed in the same position. Consequently, the teachers were awarded compensation.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
Rulings

ECJ 21 November 2018, case C-245/17 (Viejobueno Ibáñez and De la Vara González), Fixed-term work, Paid leave

Pedro Viejobueno Ibáñez, Emilia de la Vara González – v – Consejería de Educación de Castilla-La Mancha, Spanish case

Journal European Employment Law Cases, Issue 4 2018
Keywords Fixed-term work, Paid leave
Abstract

    The sole fact that fixed-term employment relationships terminate, whereas permanent relationships do not, does not constitute discrimination. Nevertheless, fixed-term teachers should receive an allowance in lieu of untaken leave.


Martin Brink
Martin Brink, PhD, is attorney at law, arbitrator and deputy judge at the The Hague Court of Appeals and an internationally certified mediator (MfN, IMI, CEDR Global Panel).
Article

Access_open Enemy of All Humanity

The Dehumanizing Effects of a Dangerous Concept

Journal Netherlands Journal of Legal Philosophy, Issue 2 2018
Keywords enemy of all humanity, hostis humani generis, piracy, international criminal law, Luban
Authors Marc de Wilde
AbstractAuthor's information

    In his contribution to this special issue, David Luban proposes to revive the age-old concept of ‘the enemy of all humanity.’ On his view, this concept supports the aims of international criminal justice by emphasizing that atrocity and persecution crimes are ‘radically evil’ and therefore ‘everyone’s business.’ Criticizing Luban’s proposal, this paper shows that in the past, the ‘enemy of all humanity’ concept has often served to establish parallel systems of justice, depriving these ‘enemies’ of their rights as suspects under criminal law and as lawful combatants under the laws of war. Thus, even if the ‘enemy of all humanity’ concept is used with the intention to bring today’s perpetrators of ‘radical evil’ to justice, it risks undermining, rather than protecting, the rule of law.


Marc de Wilde
Marc de Wilde is Professor of Jurisprudence at the University of Amsterdam.
Part I Courts and ODR

Ethical Concerns in Court-Connected Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords court ODR, fourth party, ethics, access to justice, confidentiality, transparency, informed participation, accessibility, accountability, empowerment, trust
Authors Dorcas Quek Anderson
AbstractAuthor's information

    This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in private ODR, because of the association of the courts with substantive and procedural justice. As in any dispute resolution system, a coherent and effective court ODR system should be guided by dispute system design principles, which includes having clarity of the system’s underlying values and purposes. It is therefore pertinent for each court to resolve the key ethical tensions in order to articulate the foundational values that will undergird the design of its ODR system.


Dorcas Quek Anderson
Dorcas Quek Anderson is an Assistant Professor in the Singapore Management University School of Law. This research is supported by the National Research Foundation, Prime Minister’s Office, Singapore (NRF), and the Infocomm Media Development Authority (IMDA) under a grant to the Singapore Management University School of Law to helm a 5-year Research Program on the Governance of Artificial Intelligence and Data Use.
Rulings

ECJ 20 September 2018, case C-466/17 (Motter), Fixed-term work, other forms of discrimination

Chiara Motter – v – Provincia autonoma di Trento, Italian case

Journal European Employment Law Cases, Issue 3 2018
Keywords Fixed-term work, Other forms of discrimination
Abstract

    A system, as exists in Italy, that only-partially counts service under fixed-term contracts for the purpose of classifying staff in grades, is compatible with the Framework Agreement on fixed-term work, as there was an objective justification.

    The Court of Appeal has confirmed that discrimination arising from disability had occurred when an employer dismissed an employee for misconduct which was connected to the employee’s disability, even though the employer had no knowledge of the connection.


Emma Langhorn
Emma Langhorn is an Associate Solicitor at Lewis Silkin LLP.

Albert Dzur
Albert Dzur is Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.
Article

Access_open Asking the ‘who’: a restorative purpose for education based on relational pedagogy and conflict dialogue

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Relational pedagogy, conflict dialogue, restorative approach, neoliberal education, marginalised students
Authors Kristina R. Llewellyn and Christina Parker
AbstractAuthor's information

    Drawing upon Gert Biesta’s concept of the learnification of education, we maintain that a meaningful purpose for Canadian schools has been lost. We demonstrate that the very fact of relationship is limited in curricula. The absence of relationality enables the continued privilege of normative identities. A restorative approach, based on asking who is being educated, could repurpose schooling. We draw upon examples from literature, current political events and our classroom-based research to illustrate how conflict dialogue, based on relational pedagogy, offers one path for a restorative approach. We conclude that conflict dialogue provides opportunities to engage diverse students in inclusive curricular experiences. Such a restorative approach exposes and explores the who of education for the purpose of promoting positive social conditions that allow for human flourishing.


Kristina R. Llewellyn
Kristina R. Llewellyn is an Associate Professor in Social Development Studies at Renison University College, University of Waterloo, Waterloo, Canada.

Christina Parker
Christina Parker is an Assistant Professor in Social Development Studies at Renison University College, University of Waterloo, Waterloo, Canada. Contact author: kristina.llewellyn@uwaterloo.ca.

Jennifer J. Llewellyn
Jennifer J. Llewellyn is the Yogis and Keddy Chair in Human Rights Law and Professor of Law at the Schulich School of Law, Dalhousie University, Halifax, Canada.

Brenda Morrison
Brenda Morrison is Associate Professor of Criminology and Director of the Centre for Restorative Justice, Simon Fraser University, Burnaby, Canada. Contact author: jennifer.llewellyn@dal.ca. Disclosure Statement: There are no financial conflicts of interest. The authors would like to thank Krystal Glowatski, PhD candidate and research assistant, for proofreading and helping with referencing many of the papers in this Special Issue.

Fania Davis PhD
Fania E. Davis, JD, PhD is Consultant, Co-founder & Former Director, Restorative Justice for Oakland Youth, Oakland, USA. Contact author: fania.davis@gmail.com.
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