"Culture of death" in The Netherlands: Dutch perspectives

During the summer of 1999, extensive interviews with some of the leading authorities on euthanasia policy were conducted in the Netherlands. They were asked: Daniel Callahan argues that there is a 'culture of death' in the Netherlands. What do you think? The majority of interviewees disagreed with the statement. They said that the Netherlands is not fundamentally different than other countries. If at all, the Dutch culture is open and tolerant, welcomes debates and plurality of views, and physicians are decent people who wish to help their patients, not to kill them. A small minority acknowledged that there is some truth in Callahan's observations, arguing that the Dutch actually do not welcome critique and are quite conservative in their liberal attitude toward euthanasia.     

Dutch perspectives on palliative care in the Netherlands

This study reports data gathered via extensive interviews with some of the leading authorities on the euthanasia policy that were conducted in the Netherlands. They were asked: It has been argued that the policy and practice of euthanasia in the Netherlands is the result of undeveloped palliative care. What do you think? I also mentioned the fact that there are only a few hospices in the Netherlands. The responses were different and contradictory. Many interviewees agreed with the statement. Almost all of those agreeing with it said that only during the late 1990s were people beginning to admit that there was a need to improve palliative care. Some interviewees insisted that doctors first need to explore other options for helping the patient prior to choosing the course of euthanasia. Other interviewees thought that palliative care is well developed in the Netherlands and that euthanasia has actually paved the way for calling more attention to palliative care.     

The Chabot case: analysis and account of Dutch perspectives

The aims of this essay are twofold: to point out the main problems of the Chabot precedent and to report the findings of a fieldwork in the Netherlands during which some experts were asked to voice an opinion regarding the psychiatrist's conduct and the legal precedent. During the summer of 1999, twenty-eight interviews with some of the leading authorities on the euthanasia policy were conducted in the Netherlands. Multiple reasons were mentioned to either condone or condemn Chabot's practice.     

Moving from voluntary euthanasia to non-voluntary euthanasia: equality and compassion

Abstract.  The recent Dutch law legalising active voluntary euthanasia will reignite the euthanasia debate. An illuminating method for evaluating the moral status of a practice is to follow the implications of the practice to its logical conclusion. The argument for compassion is one of the central arguments in favour of voluntary active euthanasia. This argument applies perhaps even more forcefully in relation to incompetent patients. If active voluntary euthanasia is legalised, arguments based on compassion and equality will be directed towards legalising active non-voluntary euthanasia in order to make accelerated termination of death available also to the incompetent. The removal of discrimination against the incompetent has the potential to become as potent a catch-cry as the right to die. However, the legalisation of non-voluntary euthanasia is undesirable. A review of the relevant authorities reveals that there is no coherent and workable "best interests" test which can be invoked to decide whether an incompetent patient is better off dead. This provides a strong reason for not stepping onto the slippery path of permitting active voluntary euthanasia.     

Non-voluntary and involuntary euthanasia in The Netherlands: Dutch perspectives

During the summer of 1999, twenty-eight interviews with some of the leading authorities on euthanasia policy were conducted in the Netherlands. They were asked about cases of non-voluntary (when patients are incompetent) and involuntary euthanasia (when patients are competent and made no request to die). This study reports the main findings, showing that most respondents are quite complacent with regard to breaches of the guideline that require the patient's consent as a prerequisite to performance of euthanasia.     

The Dutch Euthanasia Act and related issues

In 2002 the Dutch Euthanasia Act came into force. This Act is the result of a lengthy developmental process. It codifies the requirements that have evolved in case law and medical ethics since 1973. Empirical data indicate that the Dutch euthanasia practice is stabilising. Euthanasia and assisted suicide occur in 2.7% of all deaths. Now that the Act has been passed, the focus is on improving the quality of medical decision-making. From an international perspective, the Dutch legislation is exceptional. However, it appears that other countries and international organisations are considering euthanasia legislation as well. It remains to be seen how influential the Dutch model will prove to be.     

A compass but not a road map: Diversity considerations with the AFCC Guidelines on Parenting Plan Evaluations

The 2022 Guidelines for Parenting Plan Evaluations in Family Law Cases were developed taking into account membership feedback which identified guidance around issues of Diversity Equity & Inclusion (DE&I) as a high priority. The current Guidelines have integrated issues of diversity in many areas of the document, by adding a section on guiding principles and values, expanding and clarifying evaluator education and training, and embedding cultural and diversity considerations in many sections of the document. The Guidelines do not provide more direct instruction or education on specific topics or aspects of culture and diversity.     

关于美国横向并购反垄断审查政策最新发展的述评

2010《横向并购指南》体现了美国政府关于横向并购反垄断审查政策最新发展。一方面,2010《指南》维持了1992《指南》中一些重要的方面,同时,2010《指南》也对1992《指南》作出了较大的修改。2010《指南》所体现的横向并购反垄断审查政策和以前相比,审查重点有所变化,审查过程更灵活,分析工具更多元化,审查中考虑更多的因素,审查范围会更广,而审查的门槛也有所提高。     

The legalisation of euthanasia in the Netherlands: lessons to be learnt

The euthanasia debate has been re-ignited by the decision of the Dutch Parliament to legalise the practice. This will make the Netherlands the first nation in the world to legalise euthanasia. This paper explains the key aspects of the legislation and considers whether it provides a viable model for reform.     

Euthanasia: why it doesn't matter (much) what the doctor thinks and why there is no suggestion that doctors should have a duty to kill

A major reason that The Netherlands has taken a different approach to the rest of the world on such a fundamental moral issue is that the courts and legislature in that country have accorded the interests of doctors a cardinal role in the euthanasia debate. This article argues that the interests of doctors are of only incidental and peripheral relevance in relation to the moral status of euthanasia. The moral status of euthanasia has little to do with the preparedness of doctors to administer the lethal injection or their general attitude towards the practice. Euthanasia is principally about the interests of the patient and the impact that the practice may have on the community in general, not preserving the conscience or improving the working life of doctors.     

Prisoners’ perceptions of correctional officers’ behavior in English and Dutch prisons

Purpose

In light of the mounting research on the “new punitiveness”, an important but largely unanswered question is the extent to which a country's penal policies and punitive sentiments are actually reflected in prisoners’ experiences. The aim of the current study is to examine how prisoners perceive correctional officers’ behavior in English and in Dutch prisons.

Methods

A cross-sectional design was used, in which we conducted semi-structured interviews with 25 Dutch prisoners incarcerated in England and 25 English prisoners incarcerated in the Netherlands. The interview schedule covered a number of topics addressing divergent aspects of life in prison, including staff-prisoner relationships.

Results

In English prisons, despite the ostensible efforts to improve prison life, the attitude is more confrontational, staff-prisoner relationships are more detached, and staff members seem more unresponsive and more inclined to punish. In Dutch prisons, where responsibilization and a market orientation have supposedly replaced rehabilitation, staff is perceived as more helpful and fair, and interactions with Dutch staff are more informal and less authoritarian.

Conclusions

These findings suggest that penal policy and increasingly punitive sentiments in society are not necessarily mirrored in the practice of prisons, and concomitantly, in prisoners’ perceptions of correctional officers’ behavior.     

A Dutch perspective: the limits of lawful euthanasia

Dutch author Ubaldus de Vries reviews the current state of the euthanasia law in the Netherlands. The legislation, enacted in 2001, creates a medical exception that allows for euthanasia in cases where patients experience "hopeless and unbearable suffering." A brief history of the Dutch approach to euthanasia is set forth, case law is reviewed, and the unique role of the doctor is examined in seeking to understand the extent of one's right to euthanasia in the Netherlands. Because the courts must determine what constitutes "hopeless and unbearable suffering," Professor de Vries analyzes the judicial interpretation of "suffering" and concludes that judicial interpretation has reached its limits, and thus by implication, the limits of lawful euthanasia have been reached.     

Effective Detention: The Development of a Policy

The Dutch Prison Service developed a new policy on indoor employment programmes. The development of this policy, the definition of these programmes and the chosen methodology of Individual Employment Counselling is described. Also some examples of good practice are given. We learned a great deal from good practice, from external advisors, from co-operation with partners like employers, probation services, local authorities and from comparable programmes in other European countries. The development of these programmes was supported by changes in the prison service, economic growth in the Netherlands, a new employment policy initiated by the Dutch government, and by sub-financing of the European Social Fund. Future challenges are: better matching of prisoners (their motivations, their capacities and handicaps) with the programmes, further development of co-operation with partners and the implementation of a good monitoring system.     

Preferred providers and the credible commitment problem in health insurance: first experiences with the implementation of managed competition in the Dutch health care system

We investigate the impact of the transition towards managed competition in the Dutch health care system on health insurers' contracting behaviour. Specifically, we examine whether insurers have been able to take up their role as prudent buyers of care and examine consumers' attitudes towards insurers' new role. Health insurers' contracting behaviour is investigated by an extensive analysis of available information on purchasing practices by health insurers and by interviews with directors of health care purchasing of the four major health insurers, accounting for 90% of the market. Consumer attitudes towards insurers' new role are investigated by surveys among a representative sample of enrollees over the period 2005-2009. During the first four years of the reform, health insurers were very reluctant to engage in selective contracting and preferred to use 'soft' positive incentives to encourage preferred provider choice rather than engaging in restrictive managed care activities. Consumer attitudes towards channelling vary considerably by type of provider but generally became more negative in the first two years after the reform. Insurers' reluctance to use selective contracting can be at least partly explained by the presence of a credible-commitment problem. Consumers do not trust that insurers with restrictive networks are committed to provide good quality care. The credible-commitment problem seems to be particularly relevant to the Netherlands, since Dutch enrollees are not used to restrictions on provider choice. Since consumers are quite sensitive to differences in provider quality, more reliable information about provider quality is required to reduce the credible-commitment problem.     

The war on street ‘terror’. Why tackle anti-social behaviour?

This article examines the rationales of Dutch politicians for tackling the perceived pressing problem of ‘anti-social behaviour’ (ASB) and the question did they copy the British approach? The first part will describe in short the concept of policy transfer and the recent British fight against ASB. The focus will be on the introduction of the Anti-social Behaviour Order. The second part is an empirical study into the Dutch retreat from ‘condoning’ ASB, consisting of interviews with Dutch politicians focusing on their ideas for tackling ASB. Those are compared with the British’s rationales. This kind of comparative elite ethnography is not common in criminology, but this article aims at providing evidence of its benefits. By answering the research question an insight into the origins of policy in the sphere of criminal justice can be obtained.     

Building a Reputation on National Security: The Impact of Stereotypes Related To Gender and Military Experience

In a post‐9/11 world, all senators must establish their national security credentials with voters. Yet senators do not compete for leadership on an equal basis. Through an analysis of bill sponsorship, Sunday talk show appearances, and interviews with Senate staff, I demonstrate that defense policy is made in a partisan and gendered context. Gender stereotypes favoring male defense leadership create an additional hurdle for women, particularly Democratic women, as they seek to establish their reputations on security. By contrast, a record of military service facilitates senators' efforts to achieve action on their proposals and gain media attention for their views.     

Regulatory Disclosure of Offending Companies in the Dutch Financial Market: Consumer Protection or Enforcement Publicity?

Regulatory disclosure of names of offending companies is increasingly popular as an alternative to traditional command and control regulation. The goals and intended effects of disclosure are not always clear, however. Do regulators wish to increase their transparency, or do they intend to name and shame? This article aims to contribute to a better understanding of the underlying working mechanism of regulatory disclosure of offenders' names through a case study of the Dutch Authority for Financial Markets' disclosure policy. It distinguishes two types of disclosure strategies: consumer oriented and firm oriented. The case study shows that although informing consumers was the primary purpose of disclosure as intended by the Dutch legislature, the purpose in practice has shifted to informing companies about the regulators' enforcement policy. The nature of the disclosed information makes it unlikely that disclosure adequately prevents financial risk taking by consumers. Instead of empowering consumers, disclosure has been incorporated in a traditional deterrence logic, turning out not to be an example of new governance but instead a modern version of command and control enforcement publicity.     

Implications of legalising euthanasia in The Netherlands: greater regulatory control?

Euthanasia has been decriminalised in The Netherlands for the last 30 years, but it was only in April 2001 that the Dutch Parliament legalised voluntary physician-assisted suicide. The legislation incorporates developments in case law, including scope for peer review, and provides common ethical principles for a clear system of control over doctors' actions in regard to patients who request euthanasia. The legalised regulatory system may prove more effective in controlling voluntary and non-voluntary euthanasia in The Netherlands than in countries where euthanasia remains illegal.     

Affirmed: A Study of Criminal Appeals and Decision-Making Norms in a California Court of Appeal

The work of state intermediate appellate courts is often described as “correcting legal errors” and “supervising” trial courts. But what do these labels mean in practice? This article explores the intermediate appellate process through a study of criminal appeals in a California Court of Appeal. Part I describes the characteristics and dispositions of criminal appeals. Contrary to popular impression, a conviction was reversed in only about 5 percent of these appeals. To explain the low reversal rate, part II draws upon interviews with justices of the Court of Appeal to examine the institutional norms and perspectives guiding the court's decisions. The basic decision norms described by the justices are norms of affirmance: for example, the harmless error rule and the substantial evidence rule incline the court to affirm despite certain legal errors or factual questions. Moreover, the particularistic approach the court typically takes in its decision making apparently sensitizes it to the substantive characteristics prevailing in criminal appeals: the crimes are serious and there is little doubt about factual guilt. The low reversal rate and the analysis of the court's norms suggest that intermediate appellate review of criminal convictions is narrower and more constrained than the “error correction” and “supervision” labels imply. Part III explores the implications of the case study for appellate policy.