Consent,Communication, and Abandonment

Law and Philosophy - According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that...     

An Expanding Culture of Control? The Municipal Administrative Sanctions Act in Belgium

This article provides an in-depth study of the Act on Municipal Administrative Sanctions 1999 (MAS), which is the first major piece of legislation regulating antisocial behaviour in Belgium. MAS provides municipalities with an instrument to sanction antisocial behaviour and conduct perceived to disturb public order. The article uses Garland’s (2001) thesis on the culture of control to analyse whether MAS has led to increased government control and the exclusion of significant groups of the population. The research is based on a multiple case study in which the application of MAS was analysed over a 25-year period of security policies in Belgium (1985–2010). The Act’s implementation was studied in the two Belgian cities of Antwerp and Liège in order to consider the influence of the Flemish government and the Walloon government, respectively, in this policy area. The article uses insights from this comparison to revisit the culture of control thesis and its limitations in understanding the political competition that exists over the formulation of policies on antisocial behaviour.     

DNA Databases as Alternative Data Sources for Criminological Research

DNA traces found at crime scenes and DNA records held in databases have already helped the police to solve numerous investigations into specific crimes. The police clearly benefit from the use of forensic science at an operational (i.e. case) level. This paper focuses on the use of forensic DNA at a strategic level: its use in the study of patterns of criminal behaviour. The usual sources of information for this type of research are recorded crime data, self-report studies and victimization surveys. However, as our review will show, these data sources cannot provide a complete picture of crime. We therefore propose an alternative approach to criminological research that takes into account DNA databases and has the potential to augment current methods and extend the existing knowledge beyond known offenders. The use of DNA databases has an important advantage for criminological research: it is possible to link offences committed by the same individual, whether the offender’s identity is known or not. By making a one-on-one comparison of police data with the corresponding DNA data, not only can co-offenders be studied, but a larger network of offenders connected to each other can also be analysed, even if their identity is unknown to the police.     

The use of local direct democracy in the Czech Republic: how NIMBY disputes drive protest behaviour

Over the past 15 years there has been an increase in the use of local direct democracy in the Czech Republic. The analysis shows that the primary cause has been the regulation of development projects. Using transaction costs economics (TCE) approach it is shown how the regulation related to the siting of development projects leads to a not-in-my-backyard (NIMBY) response resulting in political activism that uses institutions of local direct democracy. Drawing from the TCE perspective, in this article it is argued that the key sources of this political mobilisation have been the existence of contractual hazards related to development projects and an inability to form credible commitments between developers and communities. The article highlights a previously neglected explanation for the increased use of direct democracy because sources outside the political system often go unnoticed and contributes to the research on NIMBY disputes and on the expansion of direct democracy.     

Conflict or Cooperation? Political Relations between Governors and Mayors in Major Cities in Argentina

This article explores the nature of the relations between the governors and the mayors of major cities in Argentina. The vast majority of the literature assumes that municipal governments in Argentina are weak, and that mayors therefore align with the provincial authorities. This study argues that there is more diversity in the relations between officials of both levels, and that, in some cases, these relations are openly contentious. Four ideal types of relations are identified, based on political affiliation and type of relation, through the systematisation of 43 cases of major Argentine cities.