Epistemological Perspectives in Legal Theory

Abstract The authors deal with several important epistemological problems in legal theory. The Nineteenth century background is analyzed from the emergence of legal science freed from the constraints of natural law and built on the model of the empirical sciences. The authors show how this science of law has been influenced by the social sciences and trends in ideological criticism throughout the Twentieth century. The epistemological question central to legal science is tackled, i.e., what kind of “epistemological break” should there be with regard to the object studied? To answer this question, the authors plead for the adoption of a “moderate external point of view” which bears in mind lawyers' “internal point of view.”     

THE EFFECTS OF EMPLOYMENT ON LONGITUDINAL TRAJECTORIES OF OFFENDING: A FOLLOW‐UP OF HIGH‐RISK YOUTH FROM 18 TO 32 YEARS OF AGE*

This article analyzes the effects of employment on delinquent development from 18 to 32 years of age in 270 high‐risk males. Prior to 18 years of age, all men had undergone residential treatment for serious problem behavior in a juvenile justice institution in the Netherlands. We use semiparametric group‐based models to investigate the effect of employment on their offending, taking into account static personality and background characteristics. We examine the effect of being employed and further distinguish the effects of job quality (“on the payroll” or being employed through temporary work agencies) and job stability (duration). We find that employment is significantly related to delinquent development among most (active) offender groups. Among high‐frequency chronic offenders, only temporary employment is significantly associated with a reduction in offending, whereas among high‐frequency desisters, the association is significantly stronger with regular employment. Stability in employment was limited in our sample, and it did not have an additional effect on offending.     

A psycho‐political profile of party activists and left‐wing and right‐wing extremists

Previous studies comparing ideological groups have been restricted to tests of between‐group differences in the means of relevant political psychological variables, thereby neglecting group differences in the variances, meanings and nomological networks of the tested variables. A first exploratory study used data from the European Social Survey (N = 7,314) comparing groups of political party members on the basis of their scores on a self‐placement left–right scale. The second study (N = 69) constituted an in‐depth test for the presence of differences between samples of political activists of moderate parties, communists, anarchists and right‐wing extremists. The results revealed that there is a fair amount of heterogeneity within left‐wing and right‐wing extremists, indicating a substantial amount of within‐group variance of social attitudes, values and prejudice. Moreover, the extremist ideologies are best approached as distinct ideologies that cannot be reduced to extreme versions of moderate ideology, and differences in the meanings and nomological networks of the various extremist ideologies were also obtained. It is erroneous to consider members of extremist groups as being ‘all alike’. The findings obtained from samples of political moderates are not a particularly solid basis for theories about extremism.     

COMBINING HIERARCHICAL AND NETWORK STRATEGIES: SUCCESSFUL CHANGES IN DUTCH SOCIAL HOUSING

In the current times of economic turmoil, many sectors are thought to be in need of structural reform or system overhauls, which call for political leadership, decisiveness and vision. These kinds of challenges present governments with a dilemma. On the one hand, there is a call for radical change while, on the other hand, the options available for such radical change are limited by the many interdependencies of a network society. In this article, we analyse three fundamental and structural reforms in Dutch housing. These reforms were all implemented in a world of interdependencies. The strategies applied appear to be a mixture of unilateral, hierarchical strategies and multilateral, network strategies. These hybrid strategies come in three forms: (1) a combination of hierarchical and network strategies; (2) variations/alternations over time between network strategies and hierarchical strategies; and (3) the use of one strategy in the frontstage while the other strategy is being used backstage. Greater understanding of these types of hybrids can help governments in dealing with the tension between interdependencies and the need for change.