Government has a special responsibility for its military. This research is about the care of veterans by government, parliament and society in the period 1945-2015. Therein the central matter is... Show moreGovernment has a special responsibility for its military. This research is about the care of veterans by government, parliament and society in the period 1945-2015. Therein the central matter is the development of the Dutch veteran policy (1945-2015) and in which way did the government met its responsibilities? To answer the main question, the theory of civil-military relations was used as a theoretical framework. This civil-military relationship concernsthe relationship between society and armed forces as well as the relationship between government and armed forces. Which roles did parliament and society fulfil in the care for veterans? Using six military missions, we researched in what ways the government met their duty of care towards (ex-)military personnel in practice before, during and after a mission.Until 1990 the government had no definition for a ‘veteran’. The military personnel who were deployed in the Dutch East Indies, Korea and the Lebanon as well as smaller missions, did not have veteran status before 1990.When viewing the period 1945-2015, we can conclude that the government did not meet fully its special responsibility to its veterans. Show less
Article 162(2) of Book 6 of the Dutch Civil Code sets out the central concept of non-contractual liability law by providing a definition of what is deemed a tortious act. The list of different... Show moreArticle 162(2) of Book 6 of the Dutch Civil Code sets out the central concept of non-contractual liability law by providing a definition of what is deemed a tortious act. The list of different types of tortious acts concludes with the qualification: ‘except for the presence of a ground of justification’. Thus, the door to the exception to the core of non-contractual liability law has been left wide open. A fascination for this ‘escape’ incorporated in Dutch liability law was one of the motives for this dissertation. This study set out on a journey of discovery through the full breadth of non-contractual liability law, constantly viewed from the perspective of the exception to the rule. The first part of the dissertation is a general exploration of the area of research. The different types of torts are described, the concepts of justification and grounds of justification are defined and the distinction between the grounds of exculpation is provided, and a comparision with criminal law is made. The second part of the study classifies the subject matter. For this purpose, the different types of justifications are defined and divided into categories: complete, incomplete and conditional justifications. The third part of the dissertation is devoted to the principles of justification: culpa in causa and proportionality and subsidiarity. The focus of the book then shifts to the content of the justification. To that end, in the fourth part of the book justification is considered in light of wrongfulness, guilt and relativity. The fifth and final part of the dissertation deals with the legal effects of the presence of a justification: the impact on the judgements of the act and of the obligation to compensate. Show less
The corpus of Æsopian fables books has been taught to French children and teenagers for centuries. Yet little analysis looks at the production in its entirety. Therefore, within this corpus, I... Show moreThe corpus of Æsopian fables books has been taught to French children and teenagers for centuries. Yet little analysis looks at the production in its entirety. Therefore, within this corpus, I evaluated the relationship between the text, the images, and the educational purpose of various fable authors using 252 visuals, published between 1500 and 2020. Sources include picture books, board games, sheet music, posters, school materials, and even application software. All have in common the aim of pursuing or promoting an educational use of the fables. My research focuses on the role that illustrated fables play in French education.Through a sociological approach that features the concept of médiation littéraire, book history, literary analysis, the study of the layout of the books and intermedial analysis, I conclude that Æsopian fables are used as a social link between generations of French people.They became essential across primary schools in the mid-19th century. Before that, they were mostly intended for socially privileged children whose families could afford a secondary education.Regardless of the century, the illustrations which accompany fables play a role in the text’s adoption across French schools: they participate in the transmission of the genre and other kinds of knowledge Show less
In large-scale infrastructure projects, the Dutch government allows its citizens to suffer some damage and nuisance ('facilitated damage'). The government then aims to settle claims and compensate... Show moreIn large-scale infrastructure projects, the Dutch government allows its citizens to suffer some damage and nuisance ('facilitated damage'). The government then aims to settle claims and compensate that damage; it also tries to restore the trust relationship between victimized citizens and the government. How can government arrive at a trust-building compensation policy if it has facilitated damage for a group of citizens in a large-scale infrastructural project, for the sake of the public interest? In this research, an interdisciplinary theoretical framework of trust-building compensation policy is designed based on legal, public administrative and political science insights. Subsequently, on the basis of three extensive case studies – the construction of the North/South metro line in Amsterdam, the expansion of Schiphol Airport, and the consequences of gas extraction in Groningen – the study analyzes to what extent these theoretical insights have an effect in practice: did they help to build or recover trust in government? The aim of the study is to provide practical and concrete guidelines for lawyers and policymakers involved in compensation policy, so that they know how not to damage trust in the government in the future. Show less
Is the current regulation for non-therapeutic research with incompetent persons an ethically acceptable regulation to expand the medical-scientific knowledge about diseases and medical treatment of... Show moreIs the current regulation for non-therapeutic research with incompetent persons an ethically acceptable regulation to expand the medical-scientific knowledge about diseases and medical treatment of minors and adult incompetent persons? To answer this question at first the historical line of ethics on medical-research with human subjects is followed from the Nuremburg Code until the Dutch regulation in the 21st century in part I.To what extent can the role of treating physician be combined in a morally responsible way with the role of researcher if those roles do not coincide? For example, in non-therapeutic research? There is a crucial difference between the researcher-subject relationship and physician-patient relationship. Informed consent is a necessary, but not sufficient, condition to protect patient subjects (part II).In the first version of the Dutch legislation in 1998, non-therapeutic research with incompetent persons was subject to strict conditions: group relatedness, negligible risks and minimal burden. Many medical researchers found these criteria too restrictive and called for the law to be extended. In 2016 the criteria for risks and burden were extended to ‘minimal compared to the standard treatment’(part III).This regulation is not an optimal regulation. The assumption that those who are already used to something can endure more, is questionable (part IV). Show less
A landlocked country in Central Africa, Chad has been involved in armed conflicts and civil war since independence in 1960. After the coup d’état in 1990, a certain stability prevailed under a... Show moreA landlocked country in Central Africa, Chad has been involved in armed conflicts and civil war since independence in 1960. After the coup d’état in 1990, a certain stability prevailed under a military democratic regime despite frequent rebels’ incursions, civil unrest, and violations of human rights. Over six decades, structural violence, insecurity, and oppression continue to hamper sociocultural, economic, educational and health improvements. Despite oil revenues and international investments into security and poverty reduction, Chad remains a highly fragile poor country with an alarming hunger situation. Its development is constrained by internal conflicts, instability of neighbouring countries, and perpetual threats by extremists. The weakness of infrastructures, public institutions and bad governance constrain the access of communities to basic goods, services, rights and means of livelihood.In rural areas, harassment and neglect by public authorities increase the vulnerabilities of households to food insecurity and conflicts. This research insighted into the long-term impacts of persistent violence on food production, social organization and access to health services in Guéra in central Chad. Rebels and government authorities exert political stress that is a major driver of sociocultural, demographic and economic change. These acts undermine spheres of livelihoods across the Sahelian region and needs attention. Show less
a successful book in Italy and then beyond the Alps. While the literary reception of Ariosto inFrance has already been widely studied since the work of Alexandre Ciorănescu and SijbrandKeyser, this... Show morea successful book in Italy and then beyond the Alps. While the literary reception of Ariosto inFrance has already been widely studied since the work of Alexandre Ciorănescu and SijbrandKeyser, this PhD dissertation consists of an analysis of the diffusion of this masterpiece throughthe prism of the loving passion. In the sixteenth century, during the first French reception, readers and authors felt passionately about amorous episodes, and more specifically ones about the madness of desperate lovers. French authors took several figures of unfortunate lovers from the abundance of characters in Orlando furioso. Besides, thanks to its plasticity, Ariosto’s text was able to inspire most literary genres. We study the evolution of this representation of passion in French translations and imitations, both through a diachronic analysis and an analysis by literary genre. While in the first translations the French transposition can sometimes influence the representation of passion, the love poetry adopted more aesthetical an approach of these episodes. We insist on the 1570s, as they demonstrate the presence of remake in the epic genre but also of many partial imitations. Thus, the representation of the sentiment amoureux will progressively be depicted with more diversity and complexity until the beginning of the seventeenth century when it evolved towards a more psychological approach. Show less
This thesis subject is the Union right to be heard en answers the question to what extent Dutch (tax) procedural law complies with the right to be heard and how Dutch (tax) proceduralthe... Show moreThis thesis subject is the Union right to be heard en answers the question to what extent Dutch (tax) procedural law complies with the right to be heard and how Dutch (tax) proceduralthe implementation of the right tot be heard is recommended. Show less
This study analyses the Dutch military’s tactical conduct in Indonesia during the decolonization war of 1945-1949. Its principal questions are how the Dutch armed forces understood and shaped their... Show moreThis study analyses the Dutch military’s tactical conduct in Indonesia during the decolonization war of 1945-1949. Its principal questions are how the Dutch armed forces understood and shaped their tactical military conduct in Indonesia, and to what extent this can help explain the extremely violent nature of the war.The Dutch armed forces interpreted the conflict within the conceptual framework of past colonial wars, of the restoration of authority by military means, and of regular warfare. While the Dutch military did learn some lessons during the conflict, radical new insights were not developed, for various reasons.From beginning to end, Dutch military conduct in Indonesia was characterised by harsh repressive action, the absolute prioritisation of military solutions, mistrust of the Indonesian civilian population and the disregard of the risk of civilian casualties and collateral damage. This modus operandi found backing in both the existing and new tactical regulations and the army’s organizational culture. The army’s forceful and harsh mode of conduct during the war was therefore not simply the result of situational force majeure or the political developments; it was also born from the way in which the Dutch armed forces understood the conflict. Show less
Burgerraadplegingen door het Openbaar Ministerie, actievere voorlichting en uitspraken in ‘klare taal’: initiatieven gericht op verbetering van de relatie tussen de strafrechtspleging en het... Show moreBurgerraadplegingen door het Openbaar Ministerie, actievere voorlichting en uitspraken in ‘klare taal’: initiatieven gericht op verbetering van de relatie tussen de strafrechtspleging en het publiek zijn er te over. Dit is niet verwonderlijk, nu vaak wordt aangenomen dat deze relatie onder hoogspanning staat. Burgers vinden de straffen maar laag en rechters zijn te ver verwijderd van de burger, is de veelgehoorde gedachte.Dit onderzoek probeert antwoorden te geven op vragen die in dit verband rijzen. Waarop is de veronderstelling dat de relatie tussen het publiek en de strafrechtspleging zo problematisch is, eigenlijk gebaseerd? Waarop stoelt de gedachte dat de in de praktijk ontplooide initiatieven deze relatie zouden kunnen verbeteren? Wat kan er beter in de relatie tussen het strafrecht en het publiek? En wat verstaan we in dit verband precies onder ‘beter’?Om deze vragen te beantwoorden worden in dit onderzoek empirische en normatieve gezichtspunten gecombineerd. Het bevat een theoretische analyse van begrippen als ‘publieke opinie’ en ‘legitimiteit’ en een kritische bespreking van bestaand onderzoek. Daarnaast wordt aan de hand van twee deelstudies onderzocht hoe het Openbaar Ministerie in dialoog treedt met de publieke opinie. Het onderzoek resulteert in een concreet beoordelingskader voor op de publieke opinie gericht handelen van actoren in de strafrechtspleging en besluit met enkele aanbevelingen aan politiek, strafrechtspraktijk en wetenschap. Show less
**English Translation of this thesis can be found at : https://hdl.handle.net/1887/3245181 **Deze dissertatie gaat over hoe schrijvers en beeldende kunstenaars uit Equatoriaal Guinea door middel... Show more**English Translation of this thesis can be found at : https://hdl.handle.net/1887/3245181 **Deze dissertatie gaat over hoe schrijvers en beeldende kunstenaars uit Equatoriaal Guinea door middel van hun werk aandacht vragen voor de huidige (politieke) situatie in hun land; een voormalige kolonie van Spanje die in 1968 onafhankelijk werd met tot op heden een dictatoriaal regime. Onderzocht is, vanuit een politiek-filosofisch kader (Jacques Rancière en Alain Badiou) en door middel van een narratieve en visuele analyse, waar zich in de werken van de uit het land afkomstige schrijvers Donato Ndongo Bydiogo, Juan Tomás Ávila Laurel en María Nsue Angüe, en de beeldende kunstenaar Ramón Esono Ebalé, breukvlakken en leegten bevinden. Mijn onderzoek toont aan dat het bijzondere en de kracht van hun werken niet zozeer gelegen is in de hierin naar voren komende historische aspecten of bepaalde binaire tegenstellingen (zoals veel onderzoekers tot nu toe veronderstelden), maar juist in het poëtische van wat de in de werken gevonden breukvlakken en leegten blootleggen en openen. Dat maakt dat met deze werken een procedure in gang wordt gezet die de gesloten waarheid van het huidige dictatoriale regime overstijgt, waarmee die dictatuur als het ware wordt opengebroken en geleegd. Show less
This micro-history of Jewish life in Roermond and Middle-Limburg is simultaneously European history. One reason for this is that in the course of time many European peoples or nations played a role... Show moreThis micro-history of Jewish life in Roermond and Middle-Limburg is simultaneously European history. One reason for this is that in the course of time many European peoples or nations played a role in Roermond and its surrounding area. Yet it is also important to note that for centuries similar processes of acceptation and distancing with respect to Jews have occurred in many places in Europe. The central question of this study is: how did the attitude of the environment, strongly determined by Christianity, affect the position and status of the Jews in Roermond and Middle Limburg, from the late Middle Ages to the early twenty-first century? Because the Middle-Limburg region has throughout the centuries been predominantly Roman-Catholic, one of the main questions in this dissertation concerns the attitude of the Catholic Church as an institution over the course of time – and not only during the years 1940-1945 –, and the concomitant attitude of the Catholic press. The developments involved necessitate to address fundamental issues such as the relation between religion and society, and its importance for the status and position of minorities. Show less
The miracle of the hbs is about the early history of the hogere burgerschool (Higher Civic School) or HBS, a now-defunct Dutch secondary school type that achieved great fame. The research focuses... Show moreThe miracle of the hbs is about the early history of the hogere burgerschool (Higher Civic School) or HBS, a now-defunct Dutch secondary school type that achieved great fame. The research focuses on the establishment and functioning of the HBS in twelve smaller municipalities with populations of less than 10,000 people in the outer provinces of the Netherlands. Initially, the HBS was not really a success – its profile was unclear, the results of its few students were disappointing, and the cost for national and local government high. Still, those first few schools survived. The aim of the study is to find explanations for this paradox.The research shows that the miracle of the HBS is due to a combination of factors: well-timed legislation; a well-drafted law; two strong inducements in the legislation, namely money and curricular freedom; great enthusiasm in the region, particularly outside the traditional centre of the country; a degree of invulnerability to criticism from the opposition; and, above all, the self-confident actions of erudite and well-paid teachers committed to the new school and prepared to devote themselves fully to designing and improving its curriculum without making any concessions to the quality of the education. Show less
In the art world of the late 18th. and the entire 19th. century, there appeared to have been a widespread notion of sea painting as a bearer of national pride. An idea that was directly related to... Show moreIn the art world of the late 18th. and the entire 19th. century, there appeared to have been a widespread notion of sea painting as a bearer of national pride. An idea that was directly related to the economic prosperity of the 17th-century Republic, which stemmed from the shipping industry of the time. An impression emerged of how the interaction between art and society can take shape. The role of sea painting within 19th. century nationalism was a striking aspect, but the effect that the label of a national genre had on its practice and appreciation also stood out. Sea painters started to work with it and art critics included it in their judgements. For a long time, traditional style criteria were maintained; the 17 th. century was never far away in many respects.This led to a framing of sea painting in an artistic tradition, which resulted in a certain inability to keep up with innovations in painting. The love of the ship and the specialist nautical knowledge of the sea painters were for a long time a unique quality, but they ultimately proved to be their Achilles' heel. When at the end of the 19th century the artistic tradition of the 17th-century Dutch school was definitively broken, sea painting disappeared from the canon of the visual arts. Show less
This dissertation presents a new perspective on the life, work and character of the Dutch physical chemist Jacobus Henricus van ’t Hoff, first recipient of the Nobel Prize in Chemistry, and one of... Show moreThis dissertation presents a new perspective on the life, work and character of the Dutch physical chemist Jacobus Henricus van ’t Hoff, first recipient of the Nobel Prize in Chemistry, and one of the most important and colourful scientists in Dutch history. The image of Van ’t Hoff that emerges from the research presented in this dissertation is that of someone with a strong drive to make a name in science, who nonetheless always remained an outsider. The only major biography was already published in 1912, and was rather uncritical, if not heroizing. Therefore, it was high time for a new one, covering all insights gained over the past hundred years into his scientific research, his personal life and their mutual influence. Public and family archives have delivered a wealth of previously unknown (personal) documents, letters, diaries etc. which to a large extent had never been studied before. They offer previously unknown insights into the character of Van ‘t Hoff and shed new light on the interaction between the personality and scientific work of this leading chemist of the nineteenth century. Apart from these biographical aspects the biography also covers more general historical issues like the internationalisation of science at the end of the nineteenth century, the founding of the new discipline of physical chemistry in the same period, and the changing relationship between education and research in Dutch universities and abroad. Show less
For a long time it has been thought that habitation and landscape organisation only changed significantly from the Roman Period onwards. However, many developments were already started long before... Show moreFor a long time it has been thought that habitation and landscape organisation only changed significantly from the Roman Period onwards. However, many developments were already started long before Julius Caesar's Roman armies arrived in the southern Netherlands. The Iron Age landscapes were ordered and structured, contrasting with the still open Bronze Age landscapes. Iron Age people inhabited the same places for generations. At the same time they structured their immediate environment and surroundings resulting in a sustainable organisation and arrangement of the landscape.Recent excavations and (micro-)regional archaeological studies into habitation and landscape organisation, among others in the north-eastern region of the province Noord-Brabant, show that relicts from the past strongly dictated the organisation and structuring of later landscapes. The past in the past formed a guideline (dutch: leidraad) for later (Iron Age) inhabitants.The past can also be a guideline for the design, protection and preservation of contemporary landscapes. This aligns with a trend in which archaeologists are explicitly seeking the connection with present society. Therefore this book ends with a plea for a transition of the Dutch archaeological system in which living heritage can also be a guideline for the present. Show less
De Belastingdienst dient gegevens geheim te houden (art. 67 AWR). Fiscale geheimhouding vindt haar oorsprong in de Wet VB 1892, maar blijft onverminderd actueel. De uitgangspunten van geheimhouding... Show moreDe Belastingdienst dient gegevens geheim te houden (art. 67 AWR). Fiscale geheimhouding vindt haar oorsprong in de Wet VB 1892, maar blijft onverminderd actueel. De uitgangspunten van geheimhouding staan echter al decennialang onder druk door toenemende (internationale) gegevensuitwisseling als gevolg van een soms ongebreidelde drang om misbruik of oneigenlijk gebruik van overheidsregelingen, fraude, belastingontduiking of belastingontwijking aan te pakken. In dit proefschrift wordt antwoord gegeven op de vraag of de huidige fiscale geheimhoudingsbepaling nog aan de oorspronkelijke doelstellingen voldoet of dat aanpassingen wenselijk of noodzakelijk zijn.Aan de hand van vijf relevante elementen (doelstellingen, onderworpen subjecten, object van geheimhouding, fiscale afbakening en de uitzonderingen & ontheffingen) is de fiscale geheimhoudingsverplichting uitputtend geanalyseerd. Hieruit volgt onder andere:• voor de fiscaliteit zou art. 2:5 Awb niet volstaan;• het opleggen van geheimhouding bij derdenonderzoeken door de inspecteur kan nu niet. Voorgesteld wordt een tijdelijke geheimhoudingsverplichting bij een zwaarwegend controle-strategisch belang;• voorgesteld wordt om aan alle afnemers van fiscale informatie (bestuursorganen en private partijen) geheimhouding op te leggen;• ook op niet-herleidbare gegevens rust een geheimhoudingsverplichting. Voorgesteld wordt dit aan te passen;• de vooringevulde aangifte (VIA) en de inkomensverklaring (IB60) ontberen een wettelijke grondslag. Voorgesteld wordt dit aan te passen;• uitzonderingen en ontheffingen vergen een continue belangenafweging. De Staatsecretaris van Financiën laat hier echter steken vallen;• informatieverstrekking aan betrokkenen zelf dient – ter verbetering van de rechtsbescherming – vergaand te worden verruimd;• bij een zich repeterende casus is geen sprake van een incidenteel of onvoorzien geval waarvoor een ontheffing door de Staatsecretaris van Financiën kan worden verleend. Show less
The text of the Constitution for the Kingdom of the Netherlands (de Grond- wet voor het Koninkrijk der Nederlanden) is sober, devoid of legal and political doctrine. Given the restrained character... Show moreThe text of the Constitution for the Kingdom of the Netherlands (de Grond- wet voor het Koninkrijk der Nederlanden) is sober, devoid of legal and political doctrine. Given the restrained character of its text, the Dutch constitution has always left relations within and between political institutions on the national level such as the government (the regering) and parliament (the Staten-Generaal, composed of the Tweede Kamer and the Eerste Kamer) fairly unsettled. Indeed, it is still uncertain which characteristics determine when rules in the political process could be fairly characterised as legal. Is the legal character of a rule dependent on its enforceability by the courts, on its ability to constitute an obligation that does not allow for deviations, or is there another characteristic that is more important for establishing the legality of a rule? To answer these and other questions, a new perspective on the relation between law and politics in the Dutch constitution is required. This thesis aims to provide such a perspective by introducing the concept of conventions into Dutch constitutional doctrine. Show less
"Onder faveur van ’t canon" VOC – Artillerie 1602-1796 studies the development and the VOC’s use of a policy that creates additional advantages for its own military means and opportunities on the... Show more"Onder faveur van ’t canon" VOC – Artillerie 1602-1796 studies the development and the VOC’s use of a policy that creates additional advantages for its own military means and opportunities on the one hand, and simultaneously weakens potential opponents on the other hand. This resulted in important advantages in terms of effectiveness and firepower for the VOC compared to local opponents. Because of this artificial balance, the VOC could economise the military budget without negatively impacting its own power. The policy is analysed by studying the most effective weapon: the artillery. The artillery was utmost complex in terms of management, organisation, administration, and required knowledge and skills. The policy was succesful, but had limitations: it could not be applied against contractor states and in areas where potent local states had access to the weapon’s market. Furthermore, the defense against European opponents during the 18th century became increasingly important. Although the VOC developed in its final days good concepts, the realisation of these concepts was could not be achieved by the VOC nor the Dutch Republic, as this would exceed the existent financial means. Show less
