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Bart Jansen
Nyenrode Business Universiteit
Law, Crime, Criminology & Criminal Justice

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When Mother Earth Begged for Research: An Indexation of Social and Environmental Hotspots Tineke Elisabeth Lambooy; Bart Jansen; Martine Bosman
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (209.464 KB) | DOI: 10.20473/ydk.v34i3.14933

Abstract

This editorial paper is an introduction to the special Yuridika edition about the ‘Sustainable Market Actors for Responsible Trade’ project (SMART). SMART identifies the areas in which companies and other market players can realise their unfulfilled potential to contribute in their own way to development friendly, environmentally friendly, and socially sustainable business, trade, and investment. SMART creates more awareness on how nondevelopment policies and regulations reinforce or undermine EU development policies. The research presented in this special Yuridika edition aims to find these legal means to reduce the gap between law and reality. In this Editorial, the various contributions to this special edition of the journal Yuridika will be introduced
Towards a Hermeneutics of Pathetic Dots : Finding the Gap Between Law and Reality Bart Jansen
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (274.208 KB) | DOI: 10.20473/ydk.v34i3.14948

Abstract

Jansen outlines the methodology of the brainstorm session concerning the findings of the various studies presented at the SMART conference in November 2017. The central questions at the conference focused on how the behaviour of producers of cotton, fabric, and ready-made garments, can be changed in favour of environmental and social sustainability. Jansen provides an interpretation of the Pathetic Dot Theory, designed by Lessig, who assigns an important role to law. In this contribution Jansen presents an approach that can be used to find out in which ways legal means can be applied to achieve an ideal relationship between men and nature
Dutch White Trash: A Phoenix Without Ashes. What Happened to the Emperor’s Old Clothes? Rogier I.C. Baart; Bart Jansen; Martine Bosman
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.51 KB) | DOI: 10.20473/ydk.v34i3.14951

Abstract

In the Dutch capitalistic consumer society, things are not made to stand the test of time, but to be replaced by other things within the foreseeable future. They are made to be thrown away, and quite often as quickly as possible, because it is this characteristic that guarantees a new purchase. In this contribution the authors will focus on a white T-shirt. The main questions are: What is the current practice in the Netherlands regarding the disposal, separation, reusing, and recycling of this Dutch white trash and how does the legal framework regulate the matter of RMG waste?.
Dynamics of Reasonableness and Fairness in a Pluralistic Legal System: Perspectives from Adat, Islamic and Civil Inheritance Law Annida Aqiila Putri; Bart Jansen
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.671 KB) | DOI: 10.20473/ydk.v36i1.19170

Abstract

Reasonableness and fairness are keystones of law. They are implemented broadly and important doctrine for civil law. However, the open nature of reasonableness and fairness allow various interpretations, influenced by the legal system, legal tradition, jurisprudence or measured on a case per case basis. Indonesia recognizes more than one kind of a legal system, making it a legal pluralist State. This article aims to describe the dynamics of the reasonableness and fairness principle within a pluralistic legal system. Indonesian inheritance laws use three different legal systems: Adat, Islam, and civil law, each provides distinctive perspectives of reasonableness and fairness. These differences may lead to a clash of interpretation or it may leave a wide room of discretion for the judges. Court judgments are analyzed to examine the implementation of such dynamics in practice. Finally, the outcome of the paper concludes whether the differences shall be embraced or whether there is a need to agree upon what is ‘reasonable’ and ‘fair’.
Co-Authors Annida Aqiila Putri Martine Bosman Martine Bosman Rogier I.C. Baart Tineke Elisabeth Lambooy