6,734 research outputs found
Nobody’s Law | Marc Hertogh
No full textMarc Hertogh, Nobody’s Law. Legal Consciousness and Legal Alienation in Everyday Life, Londres: Palgrave Macmillan, « The Palgrave Socio-Legal Studies », 2018, 215 p. Compte rendu par Jacques Commaille (Institut des sciences sociales du politique [ISP], Ecole normale supérieure Paris Saclay) Dans le cadre de la préparation d’un dossier sur le legal consciousness paru dans Droit et Société (( Jacques Commaille et Stéphanie Lacour (dir.), « After Legal Consciousness Studies : dialogues transatl..
Ombudsman and Counter-democracy: Gas Quakes in the Netherlands and the Democratic Role of the National Ombudsman
No full textMarc Hertogh On a quiet Wednesday morning on 22 May 2019 at around 5:45 am, the small Dutch village of Westerwijtwerd was hit by a major earthquake. The quake had a magnitude of 3. 4 on the Richter scale and was felt by many people across the province of Groningen, in the northeast corner of the Netherlands. Like most previous tremors, this quake was caused by gas production in the area. Groningen has one of the world’s largest natural gas fields. For many years, this has been one the major building blocks of the Dutch economy. The Groningen gas field is owned by a joint venture of Royal Dutch Shell and Exxon Mobil called NAM (Nederlandse Aardolie Maatschappij) . Decisions about gas extraction are made between NAM and EBN (Energie Beheer Nederland) , a state-owned company. The Dutch government is financially involved in gas extraction via EBN
Review of Nobody's Law: Legal Consciousness and Legal Alienation in Everyday Life, by Marc Hertogh
Full text linkIn this new addition to the substantial literature on legal consciousness, Marc Hertogh seeks to chart out an alternative approach to the dominant course set by Ewick and Silbey in their seminal work The Common Place of Law and subsequently in Silbey’s article 'After Legal Consciousness.' Hertogh proposes a 'secular' approach to legal consciousness that contrasts in several important respects from what he refers to as the dominant 'critical' approach. The overall aim of this 'secular approach' is to understand 'why people—because of their strong criticism about the justice system—turn their back to law'(p. 6)
Administrative Justice and Empirical Legal Research:Debunking the Ordinary Religion of Legal Instrumentalism
Full text linkFor many years, most studies on administrative justice were written from a doctrinal legal perspective. More recently, however, administrative justice has also become the subject of a growing body of empirical research. This chapter provides an overview of empirical administrative justice research in three fields: administrative decision-making, redress mechanisms, and the impact of redress mechanisms on administrative practice. In legal doctrine, ‘legal instrumentalism’ has become central to thinking about administrative justice. However, the findings from empirical research provide little support for the underlying assumptions of instrumentalism. In this way, empirical legal research forces us to rethink the relationship between administrative law and administrative justice. The chapter concludes that while in some cases law and legal institutions may be an effective instrument to promote administrative justice in other cases, the direct impact of law is severely limited and law may even have a negative effect on the quality of administrative justice
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