Marc Hertogh
Biographic Data
| ID | 1493125 |
|---|---|
| NAME | Marc Hertogh |
| GIVEN NAMES | Marc |
| FAMILY NAME | Hertogh |
| SIGNATURE | HERTOGH M |
| AFFILIATIONS | University of Groningen |
| ORCID | 0000-0002-6933-3546 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 43 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 4 |
Empirical Approaches to the Rule of Law
In the past, the rule of law was largely overlooked by sociologists and other social scientists. However, recent years have seen an increasing number of empirical studies of the rule of law. I survey that diverse literature and identify three generations of empirical research, each based on a different approach: ( a ) the rule of law in action, ( b ) the rule of law index, and ( c ) the living rule of law. These studies give us a detailed, but of…
Situating legal consciousness and legal compliance
How does legal consciousness matter for compliance? Thus far, this issue has been addressed by two bodies of literature that each focus on one side of the equation but do not speak to each other. Legal consciousness studies analyse how people understand the law but focus less on their compliance with the law. Conversely, most legitimacy studies focus on people's compliance with the law but do not analyse their perceptions of the law. This article…
It’s All About the Money. Or Is It
The Dutch Financial Services Complaints Institute (Kifid) offers a form of alternative dispute resolution (ADR) to consumers who have a complaint about a financial product or a financial service. Kifid first tries to mediate between the consumer and the financial services provider. If mediation fails, the Arbitration Commission will issue a binding decision. Using a survey among recent Kifid users (N = 506), this paper asks: how do consumers expe…
Relational legal consciousness in the punitive welfare state
With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a correlation analysis. The findings show that the…
The Oxford Handbook of Administrative Justice
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 ad…
Policy research under pressure
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 Ju…
Research Handbook on the Ombudsman
When politics comes into play, law is no longer law’
This paper examines the idea of a common European legal culture by exploring its foundational component, ‘collective legal consciousness’, in three EU states: the UK, Poland and Bulgaria. Using a comparative research design and a variety of methods of data collection, it suggests that, underneath the thin layer of EU consensus, there are some fundamental differences in perceptions of law. The evidence shows that legal ideas are infused with perce…
What moves Joe Driver? How perceptions of legitimacy shape regulatory compliance among Dutch traffic offenders
Why the ombudsman does not promote public trust in government
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 c…
Mind the (new) gap
This article presents a selective survey of current law and society research in the Netherlands. After a brief historical sketch, it focuses on contemporary Dutch studies on legal effectiveness and several studies on courts and dispute resolution. Based on a review of both fields, I identify two important trends in Dutch law and society research. The first trend is that, since the 1970s, most researchers have been interested in ‘old gap studies’,…
Loyalists, cynics and outsiders
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 dat…
What's in a Handshake? Legal Equality and Legal Consciousness in the Netherlands
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…
A ‘European’ Conception of Legal Consciousness
This paper discusses the present ‘legal consciousness’ literature and seeks to identify two different conceptions of legal consciousness. Most of this literature originated in the United States, but there has also been a growing interest in issues of legal consciousness in Europe. The use of the term ‘legal consciousness ’ in these European discussions is, however, remarkably different from its use in the United States literature. It is argued th…
Coercion, Cooperation, and Control
This article examines the way in which administrative courts and the National Ombudsman in the Netherlands seek to control administrative action, and is aimed at developing a heuristic model that can also be useful in a wider context. Two styles of control will be introduced: “coercive” and “cooperative.” An exploratory empirical study was conducted of two administrative agencies, investigating the implementation process of court and ombudsman de…
What's in a Handshake? Legal Equality and Legal Consciousness in the Netherlands
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…
Coercion, Cooperation, and Control
This article examines the way in which administrative courts and the National Ombudsman in the Netherlands seek to control administrative action, and is aimed at developing a heuristic model that can also be useful in a wider context. Two styles of control will be introduced: “coercive” and “cooperative.” An exploratory empirical study was conducted of two administrative agencies, investigating the implementation process of court and ombudsman de…
Relational legal consciousness in the punitive welfare state
With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a correlation analysis. The findings show that the…
A ‘European’ Conception of Legal Consciousness
This paper discusses the present ‘legal consciousness’ literature and seeks to identify two different conceptions of legal consciousness. Most of this literature originated in the United States, but there has also been a growing interest in issues of legal consciousness in Europe. The use of the term ‘legal consciousness ’ in these European discussions is, however, remarkably different from its use in the United States literature. It is argued th…
When politics comes into play, law is no longer law’
This paper examines the idea of a common European legal culture by exploring its foundational component, ‘collective legal consciousness’, in three EU states: the UK, Poland and Bulgaria. Using a comparative research design and a variety of methods of data collection, it suggests that, underneath the thin layer of EU consensus, there are some fundamental differences in perceptions of law. The evidence shows that legal ideas are infused with perce…
Situating legal consciousness and legal compliance
How does legal consciousness matter for compliance? Thus far, this issue has been addressed by two bodies of literature that each focus on one side of the equation but do not speak to each other. Legal consciousness studies analyse how people understand the law but focus less on their compliance with the law. Conversely, most legitimacy studies focus on people's compliance with the law but do not analyse their perceptions of the law. This article…
Policy research under pressure
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 Ju…
What moves Joe Driver? How perceptions of legitimacy shape regulatory compliance among Dutch traffic offenders
Loyalists, cynics and outsiders
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 dat…
Coercion, Cooperation, and Control
This article examines the way in which administrative courts and the National Ombudsman in the Netherlands seek to control administrative action, and is aimed at developing a heuristic model that can also be useful in a wider context. Two styles of control will be introduced: “coercive” and “cooperative.” An exploratory empirical study was conducted of two administrative agencies, investigating the implementation process of court and ombudsman de…
A ‘European’ Conception of Legal Consciousness
This paper discusses the present ‘legal consciousness’ literature and seeks to identify two different conceptions of legal consciousness. Most of this literature originated in the United States, but there has also been a growing interest in issues of legal consciousness in Europe. The use of the term ‘legal consciousness ’ in these European discussions is, however, remarkably different from its use in the United States literature. It is argued th…
What's in a Handshake? Legal Equality and Legal Consciousness in the Netherlands
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…
Loyalists, cynics and outsiders
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 dat…
Mind the (new) gap
This article presents a selective survey of current law and society research in the Netherlands. After a brief historical sketch, it focuses on contemporary Dutch studies on legal effectiveness and several studies on courts and dispute resolution. Based on a review of both fields, I identify two important trends in Dutch law and society research. The first trend is that, since the 1970s, most researchers have been interested in ‘old gap studies’,…
Why the ombudsman does not promote public trust in government
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 c…
What moves Joe Driver? How perceptions of legitimacy shape regulatory compliance among Dutch traffic offenders
When politics comes into play, law is no longer law’
This paper examines the idea of a common European legal culture by exploring its foundational component, ‘collective legal consciousness’, in three EU states: the UK, Poland and Bulgaria. Using a comparative research design and a variety of methods of data collection, it suggests that, underneath the thin layer of EU consensus, there are some fundamental differences in perceptions of law. The evidence shows that legal ideas are infused with perce…
Research Handbook on the Ombudsman
The Oxford Handbook of Administrative Justice
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 ad…
Policy research under pressure
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 Ju…
It’s All About the Money. Or Is It
The Dutch Financial Services Complaints Institute (Kifid) offers a form of alternative dispute resolution (ADR) to consumers who have a complaint about a financial product or a financial service. Kifid first tries to mediate between the consumer and the financial services provider. If mediation fails, the Arbitration Commission will issue a binding decision. Using a survey among recent Kifid users (N = 506), this paper asks: how do consumers expe…
Relational legal consciousness in the punitive welfare state
With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a correlation analysis. The findings show that the…
Empirical Approaches to the Rule of Law
In the past, the rule of law was largely overlooked by sociologists and other social scientists. However, recent years have seen an increasing number of empirical studies of the rule of law. I survey that diverse literature and identify three generations of empirical research, each based on a different approach: ( a ) the rule of law in action, ( b ) the rule of law index, and ( c ) the living rule of law. These studies give us a detailed, but of…
Situating legal consciousness and legal compliance
How does legal consciousness matter for compliance? Thus far, this issue has been addressed by two bodies of literature that each focus on one side of the equation but do not speak to each other. Legal consciousness studies analyse how people understand the law but focus less on their compliance with the law. Conversely, most legitimacy studies focus on people's compliance with the law but do not analyse their perceptions of the law. This article…
Political science (14 works) · Law (13 works) · Law (12 works) · Sociology (10 works) · Judicial and Constitutional Studies (7 works) · Economic Justice (6 works) · Psychology (6 works) · Consciousness (5 works) · Comparative and International Law Studies (4 works) · Law and economics (4 works)