Langage Juridique et Langage Usuel: Vrais ou Faux Amis?

This article tries to bring to light the mistaken idea that the words the law borrows from plain language, without explicit definition, should keep their original meaning; Although legal language and plain language are obviously close “friends”, they seem to be also “false friends”, because these words belonging to two different languages have, beyond their formal similarities, partially different meanings. For this purpose, this article provides a critical analysis of the reference of the belgian case law to the ordinary meaning of words. This reference is analysed in relation to three different matters: interpretation, legality, and autonomy of criminal law.     

You've been warned: Consumer liability in Internet banking fraud

This contribution provides a critical analysis of the treatment of consumer liability in cases of Internet banking fraud. Whereas generally banks refund the financial losses associated with Internet banking fraud to the individual victim, exceptions do occur, at least in certain EU jurisdictions. These, however, are rarely spoken about, but do indicate a number of (legal) problems. The main problems are lack of clarity and lack of consistency as to when a consumer can be held liable. These problems also maintain potential negative consequences such as increase in perceived risk, loss of trust and demands for better security, which may be suboptimal from an economical perspective. This article concludes by reflecting on the potential benefits of the introduction of zero liability as an alternative.     

The plundering of Zambian resources by Frederick Chiluba and his friends: A case study of the interaction between national politics and the international drive towards good governance

This article analyses the accusations that have emerged since2001 of predatory behaviour during the presidency of FrederickT. Chiluba (1991–2001). It advocates a detailed analysisof the practices that have come to light in order to move beyonda generalized interpretation of the persistence of predatoryelites in Africa. Three specific themes appear. First, thereis a danger of oversimplification of these conflicts as betweenthe international community and national governments. The politicalstruggles tend to be more complicated than generally presented,and international involvement meshes with local political struggles.Second, predatory behaviour or corruption is a social processthat is embedded in wider national and international networks.It is therefore difficult to locate culpability exactly in clearlydesignated protagonists. Third, there is a danger of imputingan economic and political rationality to this behaviour whichmay best be designated as theft. The overall theme of the articleis that there are important national cultural influences inthe way these predatory practices are dealt with. These areobfuscated by a blander critique identifying partial reformthat leaves predatory elites untouched.     

Do Rules Breed Rules? Vertical Rule-Making Cascades at the Supranational,National, and Organizational Level

Understanding where (ineffective) organizational rules come from is of vital importance for both public administration scholars and practitioners. Yet little is known about the underlying mechanisms that explain why external rules may cause organizational rule breeding and, as a by-product, red tape. Using a combination of archival and interview data, the authors empirically study rule-breeding processes in the case of Gasunie, which is a heavily regulated Dutch gas transport organization. The archival findings indicate that rule stocks have increased substantially over time at every policy level. Furthermore, the interview data support the notion that policymakers at different levels are jointly responsible for excessive rule breeding and, ultimately, organizational red tape.     

Local preferences of mung bean qualities for food autonomy in India

The concept of food autonomy draws attention to qualities of local food and food networks that can facilitate connectivity between local food production and consumption. This article reports on a study conducted in Hisar, India, that reveals how rural producer, processor, and consumer preferences of mung bean quality interact with their aim to maintain and develop a territorial mung bean connectivity so as to reinforce food autonomy. The study showed that local mung bean food qualities related to suitability in the local cropping system, processing requirements, and consumption choice. It suggests that local preferences be integrated into a reorientation of research and scientific development agendas, and should become an essential consideration of development and extension efforts, which also carries implications for the food autonomy of local producers, processors, and consumers.     

Regulation and governance versus criminology: Disciplinary divides,intersections, and opportunities

This paper seeks to bridge the disciplinary gap between regulation and governance studies, and criminology. Based on a review of theoretical and empirical work on corporate crime, this paper argues that divergent approaches to questions of individual agency, localized variety, and political context, have drawn these two disciplines in different directions. Regulatory governance scholarship has thrived as a discipline, but has also narrowed its focus around these issues. Corporate criminology offers a means of broadening this focus by drawing attention to the normative theorizing behind the regulatory project. At the same time, however, insights drawn from regulatory governance scholarship can prompt corporate criminology to innovate by broadening the scope of its engagement beyond the sphere of traditional criminal justice. The paper argues for the development of a research agenda to sit at their intersection, to engage with the challenges that exist at the interface between criminal and regulatory law.     

Navigating the dichotomy: The top public servant's craft

How in their day‐to‐day practices do top public servants straddle the politics–administration dichotomy (PAD), which tells them to serve and yet influence their ministers at the same time? To examine this, we discuss how three informal ‘rules of the game’ govern day‐to‐day political–administrative interactions in the Dutch core executive: mutual respect, discretionary space, and reciprocal loyalty. Drawing from 31 hours of elite‐interviews with one particular (authoritative) top public servant, who served multiple prime ministers, and supplementary interviews with his (former) ministers and co‐workers, we illustrate the top public servants’ craft of responsively and yet astutely straddling the ambiguous boundaries between ‘politics’ and ‘administration’. We argue that if PAD‐driven scholarship on elite administrative work is to remain relevant, it has to come to terms with the boundary‐blurring impacts of temporal interactions, the emergence of ‘hybrid’ ministerial advisers, and the ‘thickening’ of accountability regimes that affects both politicians and public servants.