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Edited by Sandra Seubert, Marcel Hoogenboom, Trudie Knijn, Sybe de Vries and Frans van Waarden

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Edited by Sandra Seubert, Marcel Hoogenboom, Trudie Knijn, Sybe de Vries and Frans van Waarden

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Robyn Holder

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Frans van Waarden and Sandra Seubert

People living in Europe belong to different concentric or overlapping territorially defined communities: neighbourhoods, cities, nation-states and the European Union, and not to forget the world population. They can also belong to various other groups or categories: (extended) families, friends, colleagues, genders, age groups, ethnic groups, the employed or the unemployed, students or pensioners, the healthy, the sick or the disabled, as well as language or religious communities. These communities and categories define multiple identities, which engender rights, duties and responsibilities. Over time some of these have come to be defined in law. Membership of territorially defined communities is referred to as citizenship. This term – as well as related ones in other European languages (citoyennete, burgerschap, Burgerschaft, ciudadania, cittadinanza, cidadania, cetatenie, medborgarskap) – stems from the term ‘city’, ‘burg’, ‘fortress’, that is, a walled and protected territory. Inhabitants of this walled territory had freedom (‘Stadtluft macht frei’), which furthered independence and individualism. However, not everybody within the city walls was a ‘citizen’. Alongside the territorial definition, citizenship has always had a social construction of membership, which included and excluded some groups. For example, the beggar within the city walls was not part of the citizens. For those who were included, the right to freedom and independence was always combined with duties and responsibilities. Walls provided protection, but had to be built, maintained and defended. Duties such as serving in civic militias, guarding walls and dykes, providing labour and paying taxes were required in order to guarantee the continued protection of these rights. Such rights and duties stabilised mutual expectations between people and developed into customs. Eventually they became enacted into law, in order to increase transparency and predictability and ensure equality.

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Pauline Westerman

Chapter 1 introduces the phenomenon of outsourced law, which is characterised by the imposition of goals, while leaving it to the addressees to devise the means by which these goals can be achieved. It is argued that the kind of regulation that is developed in this way should not be regarded as separate from formal law. Law and regulation are different and interconnected styles of guiding human behaviour. In order to analyse and contrast these styles a philosophical perspective is called for. Law and regulation should be studied as normative orders with a dynamic of their own; they are not just steering instruments. Outsourced law will be studied by analysing the types of rules that are produced as well as the way people actually use these products, by analysing underlying aspirations and by examining the many intended or unintended changes that are brought about by the adoption of that style.

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Matej Avbelj and Gareth Davies

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Robyn Holder

This chapter introduces debate about justice, victims and criminal justice. It challenges the usual representation of people victimized by violence only as victims, and challenges conventional legal approaches that contain their aspirations for justice. The chapter draws on Amartya Sen’s Idea of Justice to sketch an approach to realizable justice in the real world. Sen’s argument for inclusion and deliberation provides a framework for bridging different approaches to justice. The inclusion of those with directly affected interests, such as victims, in decision-making rests first on their status as a citizen. Categorizing victims in this manner then argues for recognition of justice institutions as duty-bearers to both victims and offenders. The chapter sketches the parameters of the Justice Study, its methods and the outline of the book.

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Robyn Holder

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Edited by Sandra Seubert, Oliver Eberl and Frans van Waarden