Studiegids

nl en

Criminal Law, Politics and Society

Vak
2024-2025

Admission requirements

Students who want to take this course need to be admitted to the Comparative Criminal Justice master’s programme, to the Dutch master's programme Criminaliteit & Rechtshandhaving.

Description

This intensive 5-week course delves into the intricate intersections between criminal law, politics, and society. It examines the dynamic relationships and influences that politics and societal values have on the shaping and enforcement of criminal law. Through a comparative lens, students will explore how different poliatical ideologies, cultural contexts, and social structures impact legal frameworks and criminal justice policies across various jurisdictions. This course is designed for graduate students eager to deepen their understanding of how criminal law is shaped by societal forces and political agendas, aiming to equip them with the knowledge to critically analyze and (future) developments in criminal justice.

The following outline - which is subject to change - gives an overview of the content of the course

Week 1: Foundations of Criminal Law and Political Theory
Introduction to the foundational theories of criminal law and political philosophy, focusing on how law serves as a mechanism of social control and governance.
Key Topics:
Definitions and principles of criminal law.
Major theories in political philosophy relevant to lawmaking.
The role of criminal law in society and its interaction with political processes.

Week 2: The Politics of Lawmaking
Examination of the legislative process, emphasizing the influence of political structures, lobbyists, and interest groups.
Key Topics:
The legislative process across different political systems (e.g., parliamentary vs. presidential).
The impact of lobbying and political funding on criminal legislation.
Case studies on major lawmaking events influenced by political agendas.

Week 3: Comparative Criminal Justice Systems
Overview: Comparative analysis of how different countries' legal systems reflect societal values, with a focus on the enforcement of informal norms.
Key Topics:
Comparison of procedural justice systems.
How cultural differences shape legal practices and policies.
The role of informal norms in shaping legal outcomes.

Week 4: Politics of Law Enforcement
Exploration of the political influences on law enforcement agencies, including the emotional labor involved in policing.
Key Topics:
The role of political power in policing and enforcement.
Emotional labor in law enforcement and its effects on policy enforcement and officer well-being.
Political accountability in policing practices.

Week 5: Social Movements and Legal Change
Study of the influence of social movements on criminal law reforms, incorporating discussions on informal norms and emotional labor.
Key Topics:
Historical and contemporary examples of social movements affecting legal reforms.
Analysis of how movements challenge and reshape informal norms within legal contexts.
The role of emotional labor in activism and legal change.

Course objectives

Upon completing this course, students are able to :

  • Analyze the Foundations and Theories of Criminal Law: Students will gain a thorough understanding of the foundational principles and theories of criminal law and political philosophy, enabling them to critically evaluate how laws are formulated and the role they play in governing society.

  • Understand the Legislative Process and Political Influences: Students will develop an in-depth knowledge of the legislative process in various political systems and understand the impact of lobbying, political funding, and interest groups on the creation and reform of criminal laws.

  • Conduct Comparative Analyses of Criminal Justice Systems: Students will learn to perform comparative analyses of different countries' criminal justice systems, identifying how cultural, societal, and political differences influence legal outcomes and enforcement practices.

  • Examine the Politics of Law Enforcement: Students will explore the relationship between political power and law enforcement, analyzing the effects of political decisions on policing practices and the concept of emotional labor within law enforcement agencies.

  • Assess the Role of Social Movements in Legal Reforms: Students will be able to evaluate the impact of social movements on legal changes, understanding how these movements challenge informal norms and contribute to the evolution of criminal justice policies.

Timetable

Check MyTimetable.

Mode of instruction

Lectures

  • The course will consist of 5 two-hour lectures

  • The lectures will be given by Prof. dr. Mr. Maartje van der Woude

  • In preparation of the lectures, students will have read and prepared the reading materials which will be tested through several assignments that have to be handed in during, before or after class.

Seminars

  • This course comprises four mandatory two-hour seminars, in addition to the lectures mentioned above

  • The seminars will be given by Prof. dr. Mr. Maartje van der Woude

  • In preparation for the seminar students make assignments that will either be distributed during the seminar or beforehand via BrightSpace

Other methods of instruction

  • Weekly (online) office hours

Assessment method

Examination forms

  • A 2-hour final exam.

  • Assignments made during/ in preparation for the seminars

Course grades are determined by a final portfolio that consists of:

  • Average of the assignments (50%)

  • 1 final examination (50% of the final grade)

  • Both components should be at least 5,5 in order to complete the course successfully. If this is not the case, the lowest partial grade will be registered as final grade

  • The partial exams that have been finished with a passing grade, will be valid up to and including the academic year following the year in which the grade has been achieved. To this there is one exception: when the learning objectives, content, design or examination of a course has been changed, the course coordinator can decide that the validity of the partial exam concerned has expired due to didactic reasons. This will be stated in the course description of the academic year in which the change(s) will be implemented

Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.

Regulation retake passed exam
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8 and further of the Course and Examination Regulations). Students who have passed the exam may retake the final written assessment (test) of the course if they meet certain requirements. For more information, go to the website > ‘Law’ tab > ‘Retake a passed exam’.

Reading list

A curated list of foundational texts, recent research articles, and case studies will be provided, tailored to the weekly topics to enhance learning and understanding.

Registration

Registration for courses and exams takes place via MyStudymap. If you do not have access to MyStudymap (guest students), look here (under the Law-tab) for more information on the registration procedure in your situation.

Contact

  • Coordinator: Prof. dr. mr. Maartje van der Woude

  • Work address: Van Vollenhoven Institute for Law, Governance & Society KOG (Steenschuur 25, 2311 ES Leiden)

  • Telephone number: +31 71 527 7552

  • Email: m.a.h.vanderwoude@law.leidenuniv.nl

Institution/division

  • Institute: The Institute for the Interdisciplinary Study of the Law

  • Department: Van Vollenhoven Institute for Law, Governance & Society

  • Room number secretary: KOG (Steenschuur 25, 2311 ES Leiden), B1.14

  • Opening hours: Monday till Thursday and Friday morning

  • Telephone number secretary: +31 (0)71 527 7260

  • Email: vollenhoven@law.leidenuniv.nl

Remarks