This interdisciplinary study, coupling philosophy of law with empirical cognitive science, presents preliminary insight into the role of emotion in criminalization decisions, for both laypeople and... Show moreThis interdisciplinary study, coupling philosophy of law with empirical cognitive science, presents preliminary insight into the role of emotion in criminalization decisions, for both laypeople and legal professionals. While the traditional approach in criminalization theory emphasizes the role of deliberative and reasoned argumentation, this study hypothesizes that affective and emotional processes (i.e., disgust, as indexed by a dispositional proneness to experience disgust) are also associated with the decision to criminalize behavior, in particular virtual child pornography. To test this empirically, an online study (N = 1402) was conducted in which laypeople and legal professionals provided criminalization ratings on four vignettes adapted from criminal law, in which harmfulness and disgustingness were varied orthogonally. They also completed the 25-item Disgust Scale-Revised (DS-R-NL). In line with the hypothesis, (a) the virtual child pornography vignette (characterized as low in harm, high in disgust) was criminalized more readily than the financial harm vignette (high in harm, low in disgust), and (b) disgust sensitivity was associated with the decision to criminalize behavior, especially virtual child pornography, among both lay participants and legal professionals. These findings suggest that emotion can be relevant in shaping criminalization decisions. Exploring this theoretically, the results could serve as a stepping stone towards a new perspective on criminalization, including a “criminalization bias”. Study limitations and implications for legal theory and policymaking are discussed. Show less
The Paris Olympics and Paralympics are scheduled to take place between 26 July and 8 September 2024, whereby electric vertical take-off and landing aircraft are anticipated to take to the skies to... Show moreThe Paris Olympics and Paralympics are scheduled to take place between 26 July and 8 September 2024, whereby electric vertical take-off and landing aircraft are anticipated to take to the skies to offer a new mobility solution to spectators of the Games. This will allow paying members of the public to move between different points within the Paris region akin to an on-demand taxi service, but through the air; passenger air taxi services (PATS). These passengers, as consumers, will have certain rights and duties under European Union law. To determine the level of protection afforded to these air passengers, a full assessment of Regulation (EC) No 261/2004 is required. As the revision of the Regulation is currently on the European Commission’s agenda, it is also important to consider its revision in light of PATS, whereby new technology, emerging business practices, changing customer behaviour and societal expectations for the level of legal protection of PATS users must be considered. This article will, therefore, assess the current version of the Regulation, in light of the interpretation from the European Court, to see whether it applies to PATS and, if so, whether it is suitable or if specific amendments need to be added to the planned revised Regulation. Show less
Urban Air Mobility (UAM) is an emerging air traffic system designed for passengers and cargo in and around urban environments. Both the Federal Aviation Administration of the United States and the... Show moreUrban Air Mobility (UAM) is an emerging air traffic system designed for passengers and cargo in and around urban environments. Both the Federal Aviation Administration of the United States and the European Union Aviation Safety Agency endorse a phased development approach for UAM, commencing with manned aviation and subsequently transitioning to remotely piloted and autonomous operations. This article focuses on legal considerations related to aviation safety, with a specific focus on pilot licensing and crew fatigue management. An analysis of existing aviation law provisions suggests that the International Civil Aviation Organization can work with local authorities to create regulations governing both on-board and remote pilots involved in UAM operations. Safety standards in air law can apply mutatis mutandis to on-board pilots until specific regulations are developed. In the longer term, there shall be domestic laws on both on-board and remote UAM pilots. Show less
This Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking... Show moreThis Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking as its starting point Josep Borrell’s comment that “we are too much Kantians and not enough Hobbesians” at the 2022 EU Ambassadors’ Conference, this Insight offers a revisionist interpretation of both Kant and Hobbes while suggesting Machiavelli as a third possible inspiration for EU external action. Although he is often portrayed as a proto-“realist” intent on increasing state power, Hobbes in reality favours stability above all else and would therefore presumably not support a more “aggressive” foreign policy. Kant, on the other hand, has traditionally been seen as more of a philosophical idealist, but his political philosophy in fact supports a more assertive conduct by states in their external relations. Both of these philosophers are thus quite different from how Borrell portrays them. The Insight also introduces the perspective of a third thinker, Machiavelli, whose philosophy suggests that the EU should adopt a pragmatic diplomatic strategy, forging alliances, supplying Ukraine with weapons, and maintaining strong ties with allies. Show less
In this article, we examine how religious minorities in the densely populated Netherlands manage burial norms in the face of scarcity of land. Using legal pluralism, we explore how local and... Show moreIn this article, we examine how religious minorities in the densely populated Netherlands manage burial norms in the face of scarcity of land. Using legal pluralism, we explore how local and national authorities; funeral agents; and three religious minority communities deal with the spatial and temporal dimensions of death and burial, both inside and outside the Dutch conurbation The Randstad, in a context where the Dutch tradition of consociationalism lingers on. Based on fieldwork and legal analysis, our findings show that religious burial norms have peripheral existence, both within Dutch law where they are treated as exceptions, and geographically, as religious cemeteries still remain situated outside The Randstad. Furthermore, tensions can emerge not only between communities, but also within them, as exemplified by challenges faced by non-believers. In a context of migration, Dutch cemeteries become spaces where multiple normative orders concerning emotion, (non)belief, religion, society and the state intersect. This turns the space for the dead into a place where some members of minority groups can find the rest they are longing for, while others cannot. Show less
This article investigates the strategies that women human rights defenders use to engage in legal mobilization and overcome gendered barriers to justice. It does so through analysis of a specific... Show moreThis article investigates the strategies that women human rights defenders use to engage in legal mobilization and overcome gendered barriers to justice. It does so through analysis of a specific health and safety dispute involving women workers and the Republic of Korea’s biggest semiconductor corporation. Show less
A constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more... Show moreA constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more opportunity for the constitutional framers to achieve consensus in drafting a constitution. In the end, this helps a constitution last longer. Constitutional deferral also offers some flexibility for the legislative and the judiciary in interpreting the text of the constitution in the future, which may accommodate the original intentions of the constitutional drafters. This paper argues the opposite. In Indonesia, adopting constitutional deferral causes an uncertain future of freedom of association. This paper aims to address two central questions. First, why did the framers of the first constitution adopt constitutional deferral in drafting provisions on freedom of association? Second, what are the consequences of implementing constitutional deferral toward freedom of association in Indonesia? Through historical and doctrinal approaches, the paper concludes (1) that the sharp ideological differences among constitutional drafters when drafting provisions on freedom of association forced them to employ constitutional deferral. (2) The use of constitutional deferral opens more possibilities for inconsistent interpretation by the executive, the lawmakers, and the judiciary when they establish law or adjudicated cases related to freedom of association. Through constitutional deferral, these three branches of government limit freedom of association instead of protecting such freedom. Show less
Non-Binary gender identity is slowly growing in visibility across the globe. In at least seven Member States of the Council of Europe, some judicial, administrative or legislative bodies have... Show moreNon-Binary gender identity is slowly growing in visibility across the globe. In at least seven Member States of the Council of Europe, some judicial, administrative or legislative bodies have already started organising a form of legal recognition for gender identities outside of the binary through the creation of ”third” gender categories and “X” gender markers. This trend is growing fast and the European Court of Human Rights should pronounce itself soon on a potential positive obligation to organize such recognition in the case of Y v. France (pending). In this context, this research reflects on the foundations and flaws of the organisation of gender registration in the Council of Europe Member States. The main focus in this sense is put on the human rights law framework of the Council of Europe and specifically the right to respect for private life (Article 8 of the European Convention on Human Rights (E.C.H.R.)), the prohibition of inhuman and degrading treatment (Article 3 E.C.H.R.) and the freedom of expression (Article 10 E.C.H.R.) in light of the prohibition of discrimination (Article 14 E.C.H.R.). Furthermore, it reflects critically on the recent legal developments that led to the use of “X” gender markers to highlight their inadequacy. In doing so, it points towards the possible abolition of gender registration – or at the very least its suppression from identity documents. Show less
