This is a study on the Dutch private law doctrine of the indivisibility of the security rights pledge (pand) and hypothec (hypotheek). It deals with the roots of this doctrine in roman law, ius... Show moreThis is a study on the Dutch private law doctrine of the indivisibility of the security rights pledge (pand) and hypothec (hypotheek). It deals with the roots of this doctrine in roman law, ius commune and French customary law. Show less
This project contemplates an ethics of difference and singularity that can effectuate a displacement of anthropocentrism and radical transformation in the way we understand and approach... Show moreThis project contemplates an ethics of difference and singularity that can effectuate a displacement of anthropocentrism and radical transformation in the way we understand and approach relationality across species borders. The reflections take place against the background of the problematic accompanying the (re)presentation of animals in the subject-centered models of moral philosophy and law, and call into question the salient ways in which theorists have engaged these avenues in order to effect change in our treatment of animals. Animal liberation scholars and activists have mainly sought to address the plight of animals from the theoretical frameworks of legal rights, interest-based equality, and identity discourse that foreground the ways in which animals are essentially similar to human beings in terms of ethically relevant qualities or characteristics. This project critically reflects on Emmanuel Levinas’s formulation of the ethical in order to advance an alternative understanding of human-animal relations as grounded in the radical singularity or difference of individual beings. This project deconstructs the dominant animal rights models by uncovering anthropocentrism as a guiding thread of the Western metaphysical tradition and illustrating how the construct of subjectivity born from that tradition forecloses or limits certain ethical possibilities. Show less
This study builds on the work of Juffermans who has shown that religion takes on three ‘different meanings’ in Spinoza’s works, namely 1.superstition; 2. faith; and 3. philosophical religion. In... Show moreThis study builds on the work of Juffermans who has shown that religion takes on three ‘different meanings’ in Spinoza’s works, namely 1.superstition; 2. faith; and 3. philosophical religion. In this way Spinoza has provided us with a nuanced normative theory that can help us to evaluate religions. Different from the Straussian view which considers this theory to be rife with contradictions, this study researches how the three perspectives on religion could exist side by side.Spinoza’s theory of religion, so it is argued, following Fraenkel, belongs to a tradition of philosophical religions. In this tradition the Divine is understood as the perfect exemplar of reasonableness, and historical religions are understood as pedagogical-didactical tools to lead the common people to a life of reason.Spinoza was not only a critic of religion and the Bible, he also endorsed them for individuals as well as for societies. Spinoza’s religious ideas were understood by Spinoza’s circle of friends as an example of ‘reasonable Christianity’. Spinoza was not in favor of the separation of Church and State. He was a proponent of a state-guided ‘public church’, guarding over the faith of the general population and fighting the superstitious beliefs that can divide society. Show less
More than three quarters of Indonesians do not have access to piped water. They depend on river water for bathing and sometimes also for drinking water. But the vast majority of rivers are... Show moreMore than three quarters of Indonesians do not have access to piped water. They depend on river water for bathing and sometimes also for drinking water. But the vast majority of rivers are severely polluted, many of them by industrial waste. This book explains why it has been so difficult for both the government and citizens to act against industrial river pollution. This socio-legal research looks at regulation and explains how government institutions have set norms to polluting behaviour, and how they have detected and responded to violations. It also analyses how citizens have participated in this process and how they seek redress for the wrongdoings they are faced with. Does victim involvement offer better chances for adequate environmental problem solving? The author illuminates the complex interrelations between the processes of regulation and redress seeking. Two extended case studies on Rancaekek in West Java and Kao-Malifut in North Maluku demonstrate illustrate how in practice these interrelations can lead to losing sight of stopping the actual pollution problem, shifting focus to compensation and increased social tensions and inequality within communities. This study’s theoretical contribution lies mainly in expanding the insights into the mutual influence of regulation and redress seeking. Show less
The Open Society and Its Animals is an interdisciplinary study centred on the political and legal position of animals in liberal democracies. With due concern for both animals and the... Show moreThe Open Society and Its Animals is an interdisciplinary study centred on the political and legal position of animals in liberal democracies. With due concern for both animals and the sustainability of liberal democracies, The Open Society and Its Animals seeks to redefine animals’ political-legal position in the most successful political model of our time: the liberal democracy.The dual focus on both animals and the open society is reflected in the book’s main research question: Should the fundamental structures of liberal democracies reflect the fact that many non-human animals are individuals with interests, and is this possible without undermining or destabilizing their institutions? The first, normative, stage of the investigation asks whether the fact that many animals have interests should have consequences for the fundamental structures of liberal democracies, and if so, what criteria the new political-legal position of animals should meet (‘enfranchisement criteria’). The second stage of the investigation involves an inquiry into the current political-legal position of non-human animals in liberal democracies, the extent to which this position meets the just mentioned enfranchisement criteria, and how this position could possibly be improved. Show less
The GDPR aims to control the risks associated with the processing of personal data. It requires measures to minimise these risks and gives data subjects certain powers, such as the rights to be... Show moreThe GDPR aims to control the risks associated with the processing of personal data. It requires measures to minimise these risks and gives data subjects certain powers, such as the rights to be informed and to be forgotten. Big data is a relatively new technology, giving the controllers of data the power to permanently observe the users of digital services. Therefore this thesis answers the question whether the GDPR is suited to avert the risks and power shifts associated with big data. To answer this question, the GDPR is compared to earlier EU legislation associated with technological risks and power shifts. Additionally, the suitability of the GDPR’s anti-discrimination provisions are evaluated for the prevention of algorithmic discrimination. Results: The GDPR is not based on any discernible analysis of the risks of big data. Methods from EU environmental protection law and consumer protection law, aimed at technological risks and power shifts, were not applied. This can make evaluation of the GDPR’s effectiveness more difficult and could stand in the way of developing a coherent body of case law. The conclusion proposes a number of guidelines for the decision of court cases and points for evaluating the GDPR. Show less
In Western liberal democracies religion has a special status. For example, the law allows a religious adherent to leave work for a holy day though not for a football match. Why is it that religion... Show moreIn Western liberal democracies religion has a special status. For example, the law allows a religious adherent to leave work for a holy day though not for a football match. Why is it that religion has been so privileged? It was the “why” that Bussey wanted to find an answer to.’During his research he found that the current accommodation of religion in the law is being robustly challenged – and even disregarded – by government actors, legal academics, and the media. The case study is the Trinity Western University case in Canada. This private, evangelical institution proposed to open a law school, but three provincial law societies refused accreditation because they deemed the admission’s requirement (which defined marriage as the union of one man and one woman) discriminatory against the LGBTQ community. In 2018, the Supreme Court of Canada ruled in favour of the law societies.Religious institutions that maintain traditional beliefs and practices are increasingly characterized as discriminatory. The extent to which this criticism is being accepted by the courts and the legal community is new. Using Thomas S. Kuhn’s theory, Bussey calls this development a legal revolution against religious accommodation. Show less
The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more... Show moreThe dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus.One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level.A novel approach to the problem, of subnational actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. Show less
In current Dutch law, a concurrence of actions is possible between the rei vindicatio and the action to recover an undue payment (‘vordering uit onverschuldigde betaling’). From a historical point... Show moreIn current Dutch law, a concurrence of actions is possible between the rei vindicatio and the action to recover an undue payment (‘vordering uit onverschuldigde betaling’). From a historical point of view, though, this concurrence is remarkable. In Roman law, the rei vindicatio and the condictio—the historical precursor of the modern actio to recover an undue payment—were opposites: whereas the rei vindicatio was based on the plaintiff’s ownership of an object, the condictio was based on the defendant’s obligation to transfer ownership to the plaintiff. Consequently, concurrence of these actions was, barring a few—but noteworthy—exceptions, impossible. This book explores the development of the condictio in relation to the rei vindicatio. As part of this development, the requirement that transfer of ownership is only possible when a valid title (iusta causa) is present—and the question what actually constitutes a iusta causa—plays an important role. Consecutively, attention is given to Roman law, the ius commune, and the enactment of the modern codifications in Germany, Switzerland, France, and the Netherlands. (Contains a summary in German; Mit einer Zusammenfassung auf Deutsch.) Show less
This research focuses on data subject rights – a set of data protection provisions that directly linked to the concept of individual control. In 2018, the European Parliament adopted the... Show moreThis research focuses on data subject rights – a set of data protection provisions that directly linked to the concept of individual control. In 2018, the European Parliament adopted the Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). The new law also introduced some substantial improvements in the section on data subject rights. However, in the light of the fast-changing economic and technological environment, it is possible to notice a gap between data subject rights when understood as law in the books and when applied in practice. By using the analysis of legal sources and academic literature, this thesis explored whether the data subject rights under the GDPR are effective in the data-driven economy, and if not, what are possible solutions to overcome the shortcomings. Show less
This study is dedicated to the Belgian constitutional organization regarding the question of the separation of church and state. The principle of separation, also known as secularism, is one... Show moreThis study is dedicated to the Belgian constitutional organization regarding the question of the separation of church and state. The principle of separation, also known as secularism, is one that was predominantly developed in France, but has also had an influence on other countries in Europe (and outside of Europe, in the United States of America). Secularism is on the one hand seen as a leading idea of modern state theory, on the other hand it is also open to a great deal of criticism. Proponents aim to further shape this aspiration in the domain of education, and in the organization of state institutions, others seek to moderate the principle, or even curtail it. Belgium itself has always given a wide berth to radical secularism, and this owing to the system of the officially recognized religions that relied on state support.The key question behind this study is how these developments should be appreciated. What was the actual intention of the framers of the constitution? How did it all come to be? Is this system still something to be maintained, or do the drawbacks outweigh the benefits in modern times? Should secularism be bolstered or weakened? What are the challenges? Unlike a political and philosophical discourse that normatively defends secularism against competing models, this study chiefly aims to help, through historical exploration, recall the reasons for the development of Belgian constitutional philosophical thinking. The author feels that this historic quest, this history of ideas, is essential in tracking down the factors at play, to capture the impact thereof on the definitive form of the Belgian Constitution, and to assess the strength and sustainability of the commitments made. This exploration is also a prerequisite for suggesting possible alternatives. The conclusion of this study will be dedicated to these alternatives, whereby the author makes the case for finding such an alternative in the guise of an assertive secularism. Show less
Web Privacy Measurement (WPM) has been established as an academic research field since 2012. WPM scholars observe websites and services to detect, characterize, and quantify privacy-impacting... Show moreWeb Privacy Measurement (WPM) has been established as an academic research field since 2012. WPM scholars observe websites and services to detect, characterize, and quantify privacy-impacting behaviors. The main goal of the research field is to increase transparency through measurement.Robbert J. van Eijk investigates the advertisements online that seem to follow you. The technology enabling the advertisements is called Real-Time Bidding (RTB). An RTB system is defined as a network of partners enabling big data applications within the organizational field of marketing. The system aims to improve sales by real-time data-driven marketing and personalized (behavioral) advertising. The author applies network science algorithms to arrive at measuring the privacy component of RTB. In the thesis, it is shown that cluster-edge betweenness and node betweenness support us in understanding the partnerships of the ad-technology companies. From his research it transpires that the interconnection between partners in an RTB network is caused by the data flows of the companies themselves due to their specializations in ad technology. Furthermore, the author provides that a Graph-Based Methodological Approach (GBMA) controls the situation of differences in consent implementations in European countries. The GBMA is tested on a dataset of national and regional European news websites. Show less
Since the fall of the authoritarian New Order regime in 1998, the indigenous movement in Indonesia has become one of the world’s largest national movements to champion the cause of rural... Show moreSince the fall of the authoritarian New Order regime in 1998, the indigenous movement in Indonesia has become one of the world’s largest national movements to champion the cause of rural communities. Its advocacy has pushed the government to implement legal reforms that have widened the scope for recognition of collective land rights. In the context of Indonesia’s widespread land conflicts, an important question is who gets to benefit from laws that grant land rights on the basis of indigeneity? By design, such laws are limited in their scope, given that they only grant rights to those that qualify as indigenous. In order to explain how indigeneity can actually empower local communities, this book adopts the perspective of actors at the local level. Focusing on how local land users in South Sulawesi invoke indigeneity in their struggles over land, this book explores the local processes through which claims to indigenous adat land rights succeed or fail to be recognized. The book combines case studies, legal analysis, and theories on social movements and collective action frames. The book alarmingly shows that by making indigeneity a prerequisite for land rights, the most vulnerable people may actually be excluded from obtaining such rights. Show less
According to art. 3:166(1) of the Dutch Civil Code (DCC) a community of property is present when one or more assets (property rights) belong to two or more co-proprietors jointly. A community will... Show moreAccording to art. 3:166(1) of the Dutch Civil Code (DCC) a community of property is present when one or more assets (property rights) belong to two or more co-proprietors jointly. A community will cease to exist when this criterion is no longer met. Termination of a community can take place in various ways. One of these ways to terminate refers to termination via apportionment. With effect from 1 January 1992, the legislature provided for the legal arrangement of apportionment in the law. The legal concept of apportionment has since been regulated in art. 3:182 DCC. Knowing whether or not a legal act should be classified as apportionment is of significant importance for civil as well as for tax law. In this study the focus is on the legal act of apportionment as defined by civil law. In addition, the study exclusively involves apportionment by mutual agreement. The overall aim of this study is to provide an evaluation of the legislative frameworks concerning apportionment as a juridical act according to Dutch civil law, by examining in particular the content and scope of apportionment based on art. 3:182 DCC. Show less
This book is propelled by the following question: How can free and equal citizens who are deeply divided by conflicting (religious) disagreements endorse the same set of political principles in a... Show moreThis book is propelled by the following question: How can free and equal citizens who are deeply divided by conflicting (religious) disagreements endorse the same set of political principles in a constitutional democratic regime and live together peacefully? I propose an answer to that question, and it takes me six chapters to argue for it: the answer lies in the general endorsement of the political principle of “public reason secularism,” comprised of liberty of conscience and the separation of state and religion. Particularly, the separation of state and religion that I argue for is a separation in the robust sense that religion ought to be excluded from the public sphere. That is to say, religious arguments should not play any role in public matters, especially in lawmaking. Show less
Scattered throughout the Digest of Justinian are 38 reports of court cases judged by the emperor Septimius Severus (193-211 CE) in the quality of highest judicial instance in the Roman empire.... Show moreScattered throughout the Digest of Justinian are 38 reports of court cases judged by the emperor Septimius Severus (193-211 CE) in the quality of highest judicial instance in the Roman empire. These reports have been excerpted out of what seem to be two different works of the Roman jurist Julius Paulus: the Decretorum libri tres and the Imperialium sententiarum in cognitionibus prolatarum libri sex. Paul’s collections are unique. No other Roman jurist has ever published a similar collection of imperial judicial decisions. Moreover, Paul’s descriptions are exceptionally detailed. Not only does he describe the proceedings at the imperial court, but he also mentions the deliberations between the emperor and his advisory council afterwards. Consequently, his reports offer a unique insight in the decision making-process at the highest level of the imperial bureaucracy. The aim of this study is to gain a better perspective on the judicial activities of Septimius Severus by means of a legal and contextual analysis of Paul’s case reports and to relate these activities to the constitutional, institutional and historical context in which the judgments of Severus and, subsequently, the works of Paul came into being. This examination of the interaction between content and context makes it possible to discover the motives underlying Paul’s publication of the judicial decisions of Severus. Show less
In this thesis the subject of our investigation is the use of the first legal copy of the notarised reporting deed (“de notariële proces-verbaalakte”) as enforceable verdict in the civil... Show moreIn this thesis the subject of our investigation is the use of the first legal copy of the notarised reporting deed (“de notariële proces-verbaalakte”) as enforceable verdict in the civil proceedings before a private court (arbitration or a binding third-party ruling) under Dutch law. Show less
This book presents a conception of modern personal identity in terms of consent, equality, and autonomy. For modern persons, these concepts function as moral values, evaluations, and virtues.... Show moreThis book presents a conception of modern personal identity in terms of consent, equality, and autonomy. For modern persons, these concepts function as moral values, evaluations, and virtues. Taken together they form a cultural identity that I refer to simply as ‘modern’. This cultural identity bridges the personal life of individual human persons and the institutional life of corporate persons. The shared sense of ‘modern’, with consent, equality, and autonomy as core moral values and chief virtues, forms and informs the (moral) governance and government of modern selves, modern corporations, and modern societies. One can be a ‘modern woman’ or a ‘modern man’, but one can also be a member of a ‘modern state’. There are ‘modern corporations’; and one can join a ‘modern church’ or a ‘modern party’ (cf. Nowoczesna in Poland); one might be subject to ‘modern law’; and one could participate in ‘modern marriage’. Each example shares the same sense of ‘modern’. In this way, modern cultural identity is a ‘constitution’ of a particular kind. I call it ‘the egalitarian constitution’. It is the contemporary instance of the soul-state analogy, an idea originally popularized by Plato. Show less
Wat kan literatuur betekenen voor het recht en de rechtsvinding? Literatuur komt in opstand tegen een abstracte, wetenschappelijke benadering van de ander. Zij ontsluiert concrete werelden en... Show moreWat kan literatuur betekenen voor het recht en de rechtsvinding? Literatuur komt in opstand tegen een abstracte, wetenschappelijke benadering van de ander. Zij ontsluiert concrete werelden en personages en vraagt aandacht voor het horen van de menselijke stem in het recht. Dat is de literaire benaderingswijze van ‘Recht en literatuur’, die ijvert voor een meer persoonlijke benadering in het recht en zich richt op humaniteit en erkenning van de ander. Door het lezen van literatuur kan de rechter een zeker empathisch vermogen en verbeeldingskracht ontwikkelen dat het oordeelsvermogen ten goede komt. Dit pleidooi van de zogenoemde ‘narratieve rechtsethiek’ voor empathie en menselijkheid is belangrijk in weerwil van een wetenschappelijke opvatting van het recht. Deze recente inzichten in ‘Recht en literatuur’ roepen echter vragen op. In hoeverre slaagt ‘Recht en literatuur’ in het bieden van een alternatief dat rechtvaardigheid en menselijkheid realiseert? Wordt de narratieve rechtsethiek zelf niet ook geconditioneerd door blikveld beperkende doctrines en dogma’s? Is het empathisch vermogen inderdaad toereikend om de ander te leren kennen? Wat is precies de kracht en de reikwijdte van de poëtische benadering? Vanuit een lezing van literaire werken en met verwijzing naar Martin Buber ontwikkelt zich het dialogisch-literaire perspectief van de ontmoeting. Show less
This disseration explored the question whether or not the philosophical underpinnings of the international order can still be used to provide the appropriate incentives to guide society in the... Show moreThis disseration explored the question whether or not the philosophical underpinnings of the international order can still be used to provide the appropriate incentives to guide society in the information age. The disseration consists of three parts: 1. a factual background detailing the natural laws of the digital universe and their impact on society as we enter the information age 2. an overview of the philosophical underpinnings of society 3. an application of the philosophical underpinnings of society to the information age. Show less
