De advocaat in de vroegmoderne stedelijke justitie

Pro Memorie ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 206-236
Author(s):  
Tim van Polanen

Abstract Hermanus Noordkerk was a famous barrister in eighteenth-century Amsterdam. After his death multiple necrologies were written in which the general tone was laudatory. This article investigates the reliability of the necrologies by answering the question why Noordkerk became such a famous barrister. What qualities did he have that made him so memorable? It becomes clear that together with his virtuous character Noordkerk was considered to be an inventive lawyer as well as an outstanding pleader and that, by combining these three characteristics, he embodied for contemporaries the ideal barrister. But besides, Noordkerk had another quality: he had the ability to exploit the public interest of a court case for the benefit of his client. Due to the political dynamics within an early modern city this might have been important for Noordkerk’s fame. The case study of Noordkerk thus sheds light on the qualities that a barrister should have in an early modern city.

Author(s):  
Ruth Sheldon

For over four decades, events in Palestine-Israel have provoked raging conflicts between members of British universities, giving rise to controversies around free speech, ‘extremism’, antisemitism and Islamophobia within higher education, which have been widely reported in the media and subject to repeated interventions by politicians. But why is this conflict so significant for student activists living at such a geographical distance from the region itself? And what role do emotive, polarised communications around Palestine-Israel play in the life of British academic institutions committed to the ideal of free expression? This book invites students, academics and members of the public who feel concerned with this issue to explore the sources of these visceral encounters on campus. Drawing on original ethnographic research with conflicting groups of activists, it explores what is at stake for students who are drawn into struggles around Palestine-Israel within changing university spaces facing pressures associated with neoliberalism and the ‘War on Terror’. It begins from this case study to argue that, in an increasingly globalised world that is shaped by entangled histories of the Nazi Holocaust and colonial violence, members of universities must develop creative and ethical ways of approaching questions of justice. Tragic Encounters and Ordinary Ethics curates an ethnographic imagination in response to the political tensions arising out of the continuing violence in Palestine-Israel. It invites students and academics to attend to lived experiences within our own university institutions in order to cultivate ethical forms of communication in response to conflicts of justice.


2020 ◽  
Vol 25 (1) ◽  
pp. 135-149
Author(s):  
Jan Siegemund

AbstractLibel played an important and extraordinary role in early modern conflict culture. The article discusses their functions and the way they were assessed in court. The case study illustrates argumentative spaces and different levels of normative references in libel trials in 16th century electoral Saxony. In 1569, Andreas Langener – in consequence of a long stagnating private conflict – posted several libels against the nobleman Tham Pflugk in different public places in the city of Dresden. Consequently, he was arrested and charged with ‘libelling’. Depending on the reference to conflicting social and legal norms, he had therefore been either threatened with corporal punishment including his execution, or rewarded with laudations. In this case, the act of libelling could be seen as slander, but also as a service to the community, which Langener had informed about potentially harmful transgression of norms. While the common good was the highest maxim, different and sometimes conflicting legally protected interests had to be discussed. The situational decision depended on whether the articulated charges where true and relevant for the public, on the invective language, and especially on the quality and size of the public sphere reached by the libel.


2018 ◽  
Vol 24 (1/2) ◽  
pp. 84-105 ◽  
Author(s):  
Daniel Marasquini Stipp ◽  
Márcio Lopes Pimenta ◽  
Daniel Jugend

Purpose The aim of this paper is to characterize how innovation may happen through cross-functional teams (CFT) in an organization of the public sector. Design/methodology/approach A case study helped to characterize several behavior patterns, team structures and respective links with generating innovation in internal processes and public answering contexts. Findings The results highlight that formal-temporary teams present a higher capacity to generate incremental innovation in products, whereas permanent-informal teams have a higher capacity to generate innovation in the internal processes and public answering contexts. Research limitations/implications The limitations of this research relate to the fact that this is a single case study, and although it is an important case to examine innovation and CFTs, by its very nature, it is not possible to extend and generalize the obtained data to other organizations. The evaluation of its propositions was merely qualitative, and future research is needed to validate its characteristics. Practical implications Several settings of CFTs are presented, as well as their ability to generate different types of innovation, such as the computerization of documents, petitions and papers, which decreases the time to answer the taxpayer. Moreover, CFTs can help to create products, such as computer programs that can be used not only locally but also in several public organizations related to tax management. Originality/value The field research provides the perceptions of the respondents regarding CFT characteristics that can lead to specific types of innovation, as well as the types of products or services that can be generated by these processes.


2021 ◽  
Vol 62 (2) ◽  
pp. 473-503
Author(s):  
Korinna Schönhärl

Abstract From the 1880s scientists developed methods to measure (dishonest) tax payment behaviour. The first part of this article provides an overview of these methods and their development. The second part enquires into the function of measuring methods in the societal discourse about (honest) tax payments. The tax morale research of Günter Schmölders, carried out in the 1950s and 1960s, is then examined as a case study. The focus of interest is on the political advice that Schmölders gave, as based on his empirical results, and on the ideal image of the citizen and society which underlay the scientific method.


2015 ◽  
Vol 22 (2) ◽  
pp. 184-198 ◽  
Author(s):  
Mark Button ◽  
Chris Lewis ◽  
David Shepherd ◽  
Graham Brooks

Purpose – The purpose of this paper is to explore the challenges of measuring fraud in overseas aid. Design/methodology/approach – The research is based on 21 semi-structured interviews with key persons working in the delivery of aid in both the public and voluntary sectors. It uses the UK Department for International Development as a case study to applying more accurate measures of fraud. Findings – This paper shows there are significant challenges to using fraud loss measurement to gauge fraud in overseas aid. However, it argues that, along with other types of measures, it could be used in areas of expenditure in overseas governments and charities to measure aid. Given the high risk of such aid to fraud, it argues helping to develop capacity to reduce aid, of which measuring the size of the problem is an important part; this could be considered as aid in its own right. Research limitations/implications – The researchers were not able to visit high-risk countries for fraud to examine in the local context views on the challenges of measuring fraud. Practical implications – The paper offers insights on the challenges to accurately measuring fraud in an overseas context, which will be useful to policy-makers in this context. Social implications – Given the importance of as much aid as possible reaching recipients, it offers an important contribution to helping to reduce losses in this important area. Originality/value – There has been very little consideration of how to measure fraud in the overseas aid context, with most effort aimed at corruption, which poses some of the same challenges, as well as some very different challenges.


2018 ◽  
Vol 23 (2) ◽  
pp. 212-225 ◽  
Author(s):  
Elizabeth Carlson

Purpose Post-crisis renewal discourse (Ulmer et al., 2007) is one form of communication that stakeholders may use as they attempt to organize for resilience. The purpose of this paper propose extending Discourse of Renewal Theory to explain how it could enact a different kind of resilience than scholars typically consider. Organizational resilience strategies often focus on the recovery or prevention stages of crisis management. Under conditions of persistent threat, it would be more productive for renewal discourse to emphasize greater preparedness. Design/methodology/approach To illustrate the need for this kind of theorizing, the author analyzes a case study that follows the public relations efforts of Canadian energy company Enbridge, Inc., in the aftermath of the 2010 Kalamazoo River oil spill. Findings By the criteria of Discourse of Renewal Theory, Enbridge attempted a renewal strategy, but it failed. By other criteria, however, it succeeded: it created the opportunity for richer dialogue among stakeholders about their interdependence and their competing interests. Originality/value By considering how elements of the resilience process may vary, this paper offers resources for more nuanced theory-building and theory-testing related to organizational and system-level resilience.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rozha Kamal Ahmed ◽  
Khder Hassan Muhammed ◽  
Ingrid Pappel ◽  
Dirk Draheim

Purpose E-court systems automate court processes and provide better case administration with more effective and efficient justice delivery. This paper aims to present the e-court system in the Sulaimaniyah Appellate Court in the Kurdistan Region of Iraq as a case study. It identifies significant improvements after adopting the system. Design/methodology/approach This study used a qualitative approach with an exploratory case study design. Data collected from a triangulation of three sources through structured expert interviews with 30 stakeholders, personal observations by two of the authors, supported by analyzing current relevant literature. R package for Qualitative Data Analysis was the analysis tool. Findings Findings showed 10 improvements that enhanced court efficiency and effectiveness concerning better case administration, a more transparent process and increased court case security. Research limitations/implications This research is limited to improvements after adopting an e-court system. Practical implications This research provides a foundation for practitioners who are on the way to implement the e-court system and serves the decision-makers in the Kurdistan Regional Government to plan future expansion in the region. Originality/value This research focuses on the e-court system in the Kurdistan Region of Iraq. It is implemented as a first e-service to be a pilot for a broader plan to integrate all appellate courts in other cities in the Kurdistan of Iraq, hence, stepping toward the implementation of e-government.


Other Others ◽  
2018 ◽  
pp. 105-138
Author(s):  
Sergey Dolgopolski

This chapter addresses an early modern instantiation of the effacement of the interpersonal political in the Talmud by conceptions of universal (inter)subjectivity and logical-apodictic reasoning. This process first tacitly erases the interpersonal political in the late ancient Talmud by reducing it to dialectical irony. In a second step, the erasure advances from irony, a Platonic concept, to logical-apodictic reading of it in the Aristotelian tradition. Only when viewed through a post-Kantian lens could it become clear that this was not merely a Platonic interpretation of the late ancient Talmud in early modernity, followed by an Aristotelian interpretation, but rather a complex and multistep process of the effacement of the interpersonal at the advent of intersubjective. The chapter arrives to that result through a case-study of staging and analyzing of a fourteenth century logical commentary on the thirteenth century rhetorical interpretation of a discussion in a late ancient text in the Talmud.


2019 ◽  
Vol 33 (7/8) ◽  
pp. 776-790 ◽  
Author(s):  
Rod Sheaff ◽  
Joyce Halliday ◽  
Mark Exworthy ◽  
Alex Gibson ◽  
Pauline W. Allen ◽  
...  

Purpose Neo-liberal “reform” has in many countries shifted services across the boundary between the public and private sector. This policy re-opens the question of what structural and managerial differences, if any, differences of ownership make to healthcare providers. The purpose of this paper is to examine the connections between ownership, organisational structure and managerial regime within an elaboration of Donabedian’s reasoning about organisational structures. Using new data from England, it considers: how do the internal managerial regimes of differently owned healthcare providers differ, or not? In what respects did any such differences arise from differences in ownership or for other reasons? Design/methodology/approach An observational systematic qualitative comparison of differently owned providers was the strongest feasible research design. The authors systematically compared a maximum variety (by ownership) sample of community health services; out-of-hours primary care; and hospital planned orthopaedics and ophthalmology providers (n=12 cases). The framework of comparison was the ownership theory mentioned above. Findings The connection between ownership (on the one hand) and organisation structures and managerial regimes (on the other) differed at different organisational levels. Top-level governance structures diverged by organisational ownership and objectives among the case-study organisations. All the case-study organisations irrespective of ownership had hierarchical, bureaucratic structures and managerial regimes for coordinating everyday service production, but to differing extents. In doctor-owned organisations, the doctors’, but not other occupations’, work was controlled and coordinated in a more-or-less democratic, self-governing ways. Research limitations/implications This study was empirically limited to just one sector in one country, although within that sector the case-study organisations were typical of their kinds. It focussed on formal structures, omitting to varying extents other technologies of power and the differences in care processes and patient experiences within differently owned organisations. Practical implications Type of ownership does appear, overall, to make a difference to at least some important aspects of an organisation’s governance structures and managerial regime. For the broader field of health organisational research, these findings highlight the importance of the owners’ agency in explaining organisational change. The findings also call into question the practice of copying managerial techniques (and “fads”) across the public–private boundary. Originality/value Ownership does make important differences to healthcare providers’ top-level governance structures and accountabilities and to work coordination activity, but with different patterns at different organisational levels. These findings have implications for understanding the legitimacy, governance and accountability of healthcare organisations, the distribution and use power within them, and system-wide policy interventions, for instance to improve care coordination and for the correspondingly required foci of healthcare organisational research.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Emmanuel Kopang Botlhale

Purpose The purpose of this study is to discuss corporate governance in state-owned enterprises (SOEs) in Lesotho to influence policy debates. Design/methodology/approach This is a desktop study that used the qualitative research approach. For this research, the case study method has been adopted. In terms of orientation, this is descriptive research. Data were collected from three-tiered sources: independent publications (e.g. World Bank); government publications; and newspaper articles. Data analysis was in the form of document analysis. Findings The study concluded that there are instances of poor and/or bad governance in SOEs in Lesotho. Egregious examples include transgressing against the Public Financial Management Act (2011) and the failure to submit Audited Financial Results. Research limitations/implications The findings are limited to a specific case. Nonetheless, there are general lessons that can be drawn for African countries from the case study. A key general lesson is the imperative need to reconfigure the legal-institutional architecture of SOEs so that they create public value. Practical implications Other than cataloguing instances of poor and/or bad governance in SOEs in Lesotho, the paper goes further and accordingly makes policy recommendations to enhance corporate governance in SOEs in Lesotho. Originality/value There is no academic study on corporate governance in SOEs in Lesotho; therefore, there is a gap in the literature. Hence, the study makes an original contribution to the literature.


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