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
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
This study describes how the interpretations, aspirations and school identity development of Islamic primary schools developed in the period 1988-2013. It gives an overview of the most important... Show moreThis study describes how the interpretations, aspirations and school identity development of Islamic primary schools developed in the period 1988-2013. It gives an overview of the most important turning points for Islamic education and how these turning points have influenced identity development.In this study, the administrators and directors of Islamic primary schools who have at least 10 years of experience in identity development are interviewed. This research shows how complex and diverse the identity of Islamic primary schools is. The main internal and external factors and actors that have influenced the development of school identity are discussed. National and international events have led to a social debate in which the role of Islamic primary schools regarding the integration of Muslims has been questioned. Partly because of this negative attention, Islamic schools have changed from introverted to extroverted organisations. This discussion has also led to unequal treatment of these schools. This research shows precisely how important these schools are for the emancipation of Muslims in the Netherlands. After all, Muslims themselves take the responsibility for education. Islamic primary schools are typical Dutch schools that make an important contribution to a safe pedagogical climate. Show less
Although the Netherlands remained neutral during the First World War, its population was nonetheless affected by the war. Already in the 1920s and 1930s, Dutch journalists wrote about the... Show moreAlthough the Netherlands remained neutral during the First World War, its population was nonetheless affected by the war. Already in the 1920s and 1930s, Dutch journalists wrote about the possibility of a war in which the Netherlands would also be involved. From the early 1920s to the German invasion in May 1940, journalists, political commentators, politicians, military officials and civilians were occupied by the question what tomorrow’s war might look like. This book captures their efforts and brings to life the cultural memories of the First World War and the expectations for the war to come.By focusing on the dynamics of cultural memories, predictions for the future, and the resultant fear and anxiety, this book provides a better understanding of the ways in which the cultural memories of the Great War and expectations for a future war were part of Dutch society. It draws from a wide array of sources, ranging from newspaper clippings, novels, films and theatre plays to political cartoons and paintings. Most importantly, this study has a unique perspective. Whereas most existing studies look back from the Second World War, this book instead looks forward from the interbellum. Show less
Why do people become active in Dutch far-right extremist (FRE) movements (active between 2015 and 2018), why do they stay active and to what extent does this correspond with the existing body of... Show moreWhy do people become active in Dutch far-right extremist (FRE) movements (active between 2015 and 2018), why do they stay active and to what extent does this correspond with the existing body of literature? Based on 36 life-history interviews with far-right extremists and the existing body of knowledge, this dissertation indicates five different routes of entry: Thrill Seekers, Political Seekers, Justice Seekers, Social Seekers and Ideological Seekers.Although the four prominent theories that have sought to explain why people become involved in FRE (the Authoritarian Personality, social identity theory, grievance theories and the social movement theory) have shortcomings, the observations on which these theories were based are still valid. These theories in themselves are not an all-encompassing explanation. However, when they are regarded as complementary, especially when enhanced by insights from leading empirical research, a structural contribution can be made with regard to answering the question as to why people become active within FRE movements. Only then can researchers systematically investigate and back up plausible hypotheses with evidence. Show less
The dissertation examines the life and work of G.B. and A. Salm, father and son. Their body of work embraces a wide diversity of architectural styles. Although they occupied a central position... Show moreThe dissertation examines the life and work of G.B. and A. Salm, father and son. Their body of work embraces a wide diversity of architectural styles. Although they occupied a central position within the principal architecture associations at the time they do not seem to have taken a clear position in the polemics on style and material use that architects of the time were engaging in. Their buildings are at first sight difficult to place within the architectural history of the nineteenth century, as a result of which they are all too readily classed among the ‘eclectics’, the group of architects who presented a mixture of styles as a contemporary alternative to the perceived ‘impasse’ in architecture. The question that this dissertation addresses is whether this label is correct. Very little is known about the ideas that form the basis of the designs of this father and son. A further study and analysis of their ideas and their body of architectural work has therefore been carried out to determine the true place of both G.B. and A. Salm in the architecture of the nineteenth century. This study includes a review of the networks and clientele of both father and son. Show less
How did early modern Dutch people relate to distant suffering? As charitable relief is as much a thing of the present as it is of the past, the question is still relevant in modern aid campaigns.... Show moreHow did early modern Dutch people relate to distant suffering? As charitable relief is as much a thing of the present as it is of the past, the question is still relevant in modern aid campaigns. This dissertation engages with the scholarly debate on early modern solidarity which presupposes that solidarity was confined to one’s own social or religious group. Therefore, aid to foreign fellow believers is commonly explained as religious brotherhood and long-distance solidarity with domestic disaster victims is thought to be absent, especially in the decentralised and particularistic Dutch Republic. This thesis demonstrates, first, that transnational aid to persecuted foreign fellow-believers was not just about confessional brotherhood but also about political interests and, second, it shows that long-distance solidarity with disaster victims was fairly common in the Dutch Republic. By analysing the arguments put forward by the victims in their aid requests, the reasons underlying the decisions of the civil authorities to support of reject these pleas, and the way in which the general public was persuaded to donate, this study reveals the multifaceted character of early modern aid. Furthermore, it provides insight into the emergence of humanitarian argumentation long before the Enlightenments ‘humanitarian revolution’. Show less
