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
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
Mebius, L.; Prinsen, M.; Kempes, M.; Wolf, M.J.F. van der 2024
In its 2019 report to the Human Rights Council, the United Nations (UN) Working Group on business and human rights emphasized that ‘gender-transformative’ remedies can bring ‘change to patriarchal... Show moreIn its 2019 report to the Human Rights Council, the United Nations (UN) Working Group on business and human rights emphasized that ‘gender-transformative’ remedies can bring ‘change to patriarchal norms and unequal power relations that underpin discrimination, gender-based violence and gender stereotyping’. This article aims to deepen our knowledge of such remediation for women human rights defenders who fight against corporate human rights abuses. Human rights remediation is highly fragmented. This has the advantage that remedies at one level can offer sources of learning for remedies at other levels. This article uses relevant communications that the UN Special Rapporteur on the situation of human rights defenders sent to states and corporations jointly with other Special Procedures (including the UN Special Rapporteur on violence against women and girls, its causes and consequences and the UN Working Group on discrimination against women and girls in law and practice) between 2011 and 2020 as a source of learning. Show less
Schlette, A.; Prooijen, J.W. van; Blokland, A.A.J.; Thijs, F. 2023
