17 results on '"Marc Hertogh"'
Search Results
2. Policy Research Under Pressure
- Author
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Gjalt de Graaf, Marc Hertogh, Empirical Legal Studies, Public Trust and Public Law, Political Science and Public Administration, and New Public Governance (NPG)
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Undue influence ,Public Administration ,Sociology and Political Science ,media_common.quotation_subject ,05 social sciences ,Public administration ,050601 international relations ,Independence ,0506 political science ,Balance (accounting) ,Order (business) ,Political science ,050602 political science & public administration ,Christian ministry ,Justice (ethics) ,media_common - Abstract
In policy research, the search for the correct balance between proximity and independence has never been easy. Policymakers need proximity to the research in order to ensure that it is relevant. Yet, there are also concerns about the rigour of research. To analyze this relationship in more detail, this paper focuses on the ‘extreme case’ of the WODC in the Netherlands, an internal but formally independent research unit of the Dutch Ministry of Justice and Security. Research methods include semi-structured interviews and a survey (N = 673). We conclude that government leans on WODC researchers in all phases of the policy research process. In most cases, WODC researchers successfully resist pressure from policymakers, yet continuing pressure may easily lead to research methods, conclusions and press releases being altered for policy reasons. Finally, there are general lessons drawn from the WODC case that will assist in achieving a good balance between proximity and independence in policy research.
- Published
- 2022
- Full Text
- View/download PDF
3. Oxford Handbook of Administrative Justice
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Robert Thomas, Joe Tomlinson, Richard Kirkham, Marc Hertogh, Empirical Legal Studies, and Public Trust and Public Law
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Political science ,Law ,Justice (ethics) - Abstract
The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos.
- Published
- 2022
- Full Text
- View/download PDF
4. Living Law: Reconsidering Eugen Ehrlich
- Author
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Marc Hertogh, Marc Hertogh
- Published
- 2008
5. Analyzing the EU Rule of Law Crisis from an Empirical Perspective
- Author
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Marc HERTOGH, Erin Jackson, Empirical Legal Studies, and Public Trust and Public Law
- Published
- 2022
6. The Oxford Handbook of Administrative Justice
- Author
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Marc Hertogh, Richard Kirkham, Robert Thomas, Joe Tomlinson, Marc Hertogh, Richard Kirkham, Robert Thomas, and Joe Tomlinson
- Subjects
- Justice, Administration of
- Abstract
The Oxford Handbook of Administrative Justice examines the wide range of scholarship exploring the administrative decisions made by public authorities that affect individual citizens and the mechanisms available for the provision of redress. The Handbook identifies and provides a survey of key transnational themes in administrative justice research, considers theoretical and methodological approaches to administrative justice, and provides a view of the future of administrative justice research. One aspect of administrative justice, namely the study of law and administration, is a core component of law school syllabuses and scholarly research around the world. For many public lawyers, this area of study has been focused heavily on legalistic redress systems (e.g. judicial review). Justice against administrations, however, is delivered through a much broader range of mechanisms than legalistic processes alone: fair initial decision-making procedures, internal review systems, ombuds, administrative tribunals/adjudication, and other institutions play a vital role. Despite their importance to modern governance across the globe (and to the lives of individual citizens), these broader aspects of administrative justice have been left relatively neglected and under-researched, and the Handbook represents a groundbreaking achievement in establishing administrative justice research as a vital and discrete area of study. The Oxford Handbook of Administrative Justice will be an essential resource for legal scholars and social scientists wishing to understand the complexity of this important field.
- Published
- 2021
7. Research Handbook on the Ombudsman
- Author
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Marc Hertogh, Richard Kirkham, Marc Hertogh, and Richard Kirkham
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- Complaints (Administrative procedure), Ombudspersons, Administrative law
- Abstract
The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art research on this increasingly prominent institution. Traditionally, research on the ombudsman has been conducted from a purely prescriptive or (legal) descriptive perspective, mainly focusing on the ombudsman'in the books'. By contrast, this book illustrates how empirical research may contribute to a better understanding of the ombudsman'in action'. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman's work. The Research Handbook is organized in to four parts: fundamentals of the ombudsman; the evolution of the ombudsman; evaluation of the ombudsman; and the ombudsman office and profession. Featuring case studies from Europe, Canada, Asia, Africa, Latin America and Australia, chapters provide a comprehensive global perspective on the issues at hand. This unique Research Handbook will be of great value to researchers in the fields of public law, socio-legal studies and alternative dispute resolution who have an interest in the ombudsman. It will also be a valuable resource for policymakers and practitioners, particularly those working within ombudsman offices.Contributors include: V. Ayeni, C.A. Barco, A. Bedner, R. Behrens, V. Bondy, B. Bradford, A. Brenninkmeijer, S. Carl, J. Chan, N. Creutzfeldt, J. Dahlvik, M. de Langen, M. Doyle, L. Díez, C. Gill, E. Govers, M. Groves, C. Harlow, M. Hertogh, C. Hodges, B. Hubeau, R. Kirkham, M. Lezertua, J. McMillan, N. O'Brien, A. Pohn-Weidinger, L.C. Reif, M. Remác, A. Stumckhe, P. Tyndall, B. Tai, Y. van der Vlugt, E. van Gelder, R. van Zutphen, V. Wong
- Published
- 2018
8. Research Handbook on the Ombudsman
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Richard Kirkham, Marc Hertogh, and Public Trust and Public Law
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Political science ,05 social sciences ,050602 political science & public administration ,050601 international relations ,0506 political science - Published
- 2018
9. Nobody's Law
- Author
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Marc HERTOGH and Public Trust and Public Law
- Published
- 2018
10. Why the Ombudsman Does Not Promote Public Trust in Government
- Author
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Marc Hertogh and Public Trust and Public Law
- Subjects
Government ,Plaintiff ,Sociology and Political Science ,business.industry ,Administrative law ,Public sector ,Public administration ,Economic Justice ,Politics ,Empirical research ,Political science ,Public trust ,business ,Law - Abstract
Most public sector ombudsmen claim that their work will strengthen or restore citizen's confidence in government. However, empirical research provides little support for this assumption. Based on studies from Belgium and the Netherlands, this article offers two explanations for this limited effect. First, it will be argued that (Dutch) administrative law is based on three ‘mythical images’ of the average complainant. Because these images do not correspond with reality, many people feel alienated from the ombudsman. Second, although the ombudsman aims to reach all types of citizens, most complainants are highly educated, white-collared, politically interested men. Yet the ombudsman is less successful in reaching people who are critical about politics and the justice system. Building on these findings from the Low Countries, the article ends with several suggestions which may help increase the potential of the ombudsman in all countries to promote public trust in government.
- Published
- 2013
11. What Moves Joe Driver? How Perceptions of Legitimacy Shape Regulatory Compliance among Dutch Traffic Offenders
- Author
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Marc Hertogh and Public Trust and Public Law
- Subjects
Sociology and Political Science ,media_common.quotation_subject ,Sample (statistics) ,Procedural justice ,Focus (linguistics) ,Compliance (psychology) ,Perception ,Political Science and International Relations ,Survey data collection ,Psychology ,Law ,Social psychology ,Legitimacy ,media_common - Abstract
Using survey data collected from a sample of 1182 traffic offenders in the Netherlands, and building on the ‘procedural justice model’ which was first developed in Tyler (1990) , this paper explores how perceptions of legitimacy shape regulatory compliance. The study makes three contributions to the literature. First, it is one of the few studies in which the procedural justice model is tested in Continental Europe. Second, following recent critiques in the literature, it introduces three modifications to the original model. Third, and unlike most previous studies, it is not only based on self-reporting by drivers, but includes actual evidence about their behaviour as well. With regard to the self-reported level of compliance, the present study largely confirms Tyler's (1990) original findings. Yet with regard to the observed level of compliance, there are also important differences between both studies. These findings will be explained by shifting our focus to ‘legitimacy-in-context’ ( Beetham, 1991 ).
- Published
- 2015
12. Cracks in the Mirror: Does European Law and Society Research Still Reflect European Society?
- Author
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Marc Hertogh and Public Trust and Public Law
- Published
- 2015
13. Loyalists, cynics and outsiders: Who are the critics of the justice system in the UK and the Netherlands?
- Author
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Marc Hertogh
- Subjects
Identification (information) ,Administration of justice ,Law ,Political science ,Normative ,Survey data collection ,Face (sociological concept) ,Demographic profile ,Economic Justice - Abstract
Recent surveys in the UK and the Netherlands indicate that there is widespread dissatisfaction with the justice system. But who are these ‘critics’ of the justice system? Most previous studies only produced general statistics, while the persons behind the figures remained invisible. By contrast, this article aims to put a face to these numbers and discusses two ways of analysing the profile of the critics. Based on a review of existing survey data, the article first looks at their ‘demographic profile’. Next, the article also considers a second, alternative, approach. Based on their level of legal awareness and legal identification, it distinguishes four different ‘normative profiles’: legalists, loyalists, cynics and outsiders. Moreover, the article shows how these normative profiles may be applied in future comparative studies on legal mobilisation and legal protest. It is concluded that combining both approaches will help us to look beyond common stereotypes and consider the critics of the justice system as real persons with genuine concerns about the administration of justice in their country.
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- 2011
14. What's in a handshake? Legal equality and legal consciousness in the Netherlands
- Author
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Marc Hertogh
- Subjects
Sociology and Political Science ,freedom of religion ,General Social Sciences ,non-discrimination law ,Islam ,Legal research ,Legal realism ,STREET ,Law ,Freedom of religion ,Legal opinion ,Black letter law ,Sociology ,Philosophy of law ,Empirical legal studies ,equality ,Legal profession ,legal consciousness ,LAW - Abstract
In this article, I examine how ordinary citizens and legal professionals in The Netherlands understand non-discrimination law, using the theoretical framework of legal consciousness. In 2006, the Dutch Equal Treatment Commission ruled that a school was wrong to suspend a female Muslim teacher who, for religious reasons, refused to shake hands with men. This ruling provoked a wave of controversy. This article examines to what extent these critical reactions were indicative of the overall level of public support for the Dutch Equal Treatment Act. I first provide a brief summary of Dutch non-discrimination law. Next, following recent critiques in the literature, I introduce three modifications to the original legal consciousness framework. People's understandings of legal equality are then examined using data from a large-scale multi-method study, which included an online survey, case-studies and in-depth interviews. Moreover, I provide a brief reconstruction of the handshake case. I argue that the controversy in this case was not an isolated incident, but an important illustration of how non-discrimination law matters — or fails to matter — in The Netherlands.
- Published
- 2009
15. Living Law : Reconsidering Eugen Ehrlich
- Author
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Marc Hertogh and Marc Hertogh
- Subjects
- Sociological jurisprudence
- Abstract
This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the'founding fathers'of modern sociology of law. Although the importance of his work (including his concept of'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at'reconsidering'Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies.This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.
- Published
- 2009
16. Judicial Review and Bureaucratic Impact : International and Interdisciplinary Perspectives
- Author
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Marc Hertogh, Simon Halliday, Marc Hertogh, and Simon Halliday
- Subjects
- Judicial review of administrative acts, Judicial review, Bureaucracy
- Abstract
How effective are the courts in controlling bureaucracies? What impact does judicial review have on the agencies which are targeted by its rulings? For the first time, this book brings together the insights of two intellectual disciplines which have hitherto explored these questions separately: political science and law/socio-legal studies. Leading international scholars from both fields present new research which focuses on the relationship between judicial review and bureaucratic behaviour. Individual contributors discuss fundamental conceptual and methodological issues, in addition to presenting a number of empirical case studies from various parts of the world: the United States, Canada, Australia, Israel, and the United Kingdom. This volume constitutes a landmark text offering an international, interdisciplinary and empirical perspective on judicial review's impact on bureaucracies. It will significantly advance the research agenda concerning judicial review and its relationship to social change.
- Published
- 2004
17. Administrative Justice in the Private Sector
- Author
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Jérôme Pélisse, Avishai Benish, Centre de sociologie des organisations (CSO), Sciences Po (Sciences Po)-Centre National de la Recherche Scientifique (CNRS), Sciences Po (Sciences Po), Joe Tomlinson, Robert Thomas, Marc Hertogh, Richard Kirkham, Centre de sociologie des organisations (Sciences Po, CNRS) (CSO), and Sciences Po Institutional Repository, Spire
- Subjects
[SHS.SOCIO]Humanities and Social Sciences/Sociology ,[SHS.DROIT] Humanities and Social Sciences/Law ,administrative justice ,dispute resolution ,[SHS.SOCIO] Humanities and Social Sciences/Sociology ,business.industry ,decision-making ,Public administration ,16. Peace & justice ,Private sector ,privatization ,Economic Justice ,Dispute resolution ,Outsourcing ,Metadata ,Spire ,[SHS.DROIT]Humanities and Social Sciences/Law ,Work (electrical) ,outsourcing ,Political science ,hybrid accountability ,legal intermediation ,administrative justice, privatization, outsourcing, legal intermediation, decision-making, dispute resolution, hybrid accountability ,business - Abstract
This chapter explores the still largely uncharted territory of administrative justice in the private sector. The chapter presents a theoretical and empirical account of the extension of administrative justice norms and institutions into the private sphere. It does so by mapping and analysing the different paths by which administrative justice is diffused in privatized and contracted out services and in originally private services. It draws upon illustrative examples of such diffusion for each of these private realms. The chapter concludes with insights into the convergence of public and private models of decision-making and dispute resolution and the hybrid nature of this field.
- Published
- 2021
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