Pub Date : 2021-04-05DOI: 10.7146/nnjlsr.v1i10.125694
Niels Valdemar Vinding
Following recent scholarly discussions on what kinds of religious law are accepted and recognised by state and the secular legal order, this article examines and discusses if and how sharia – understood as Islamic law, ethics and practice – may be considered legally recognised in Denmark. The question has both scholarly, legal and political implications, as well as a long history. The Danish context of recognition of religious communities is introduced, with some historical remarks, but this article takes a practical and empirical point of view in recent Danish legislation of recognition of religious communities and examines the specific articles of association and supporting documents that form the basis of legal recognition. The article introduces a short conceptual and theoretical discussion of what legal recognition implies and how to understand legal recognition as the mutual establishment of legal facts. The articles tests the question of legal recognition looking at empirical case evidence, key aspects and analysis of Islamic religious law in 25 recognised Islamic religious communities in Denmark. Legal recognition has important but limited implication, which should not be overstated, but the article does conclude that sharia is recognised as part of the material basis of the recognition regime in Denmark.
{"title":"In What Sense is Islamic Religious Law Legally Recognised in Denmark?","authors":"Niels Valdemar Vinding","doi":"10.7146/nnjlsr.v1i10.125694","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125694","url":null,"abstract":"Following recent scholarly discussions on what kinds of religious law are accepted and recognised by state and the secular legal order, this article examines and discusses if and how sharia – understood as Islamic law, ethics and practice – may be considered legally recognised in Denmark. The question has both scholarly, legal and political implications, as well as a long history. The Danish context of recognition of religious communities is introduced, with some historical remarks, but this article takes a practical and empirical point of view in recent Danish legislation of recognition of religious communities and examines the specific articles of association and supporting documents that form the basis of legal recognition. The article introduces a short conceptual and theoretical discussion of what legal recognition implies and how to understand legal recognition as the mutual establishment of legal facts. The articles tests the question of legal recognition looking at empirical case evidence, key aspects and analysis of Islamic religious law in 25 recognised Islamic religious communities in Denmark. Legal recognition has important but limited implication, which should not be overstated, but the article does conclude that sharia is recognised as part of the material basis of the recognition regime in Denmark.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115547518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-05DOI: 10.7146/nnjlsr.v1i10.125697
W. Menski
The article argues that polycentric and polyphonic basic principles of pluralist navigation are always needed as balancing tools to preserve sensitivity and awareness of agile agency of various legal, social and religious stakeholders to allow situation-specific forms of navigation. Clearly, this does not mean that ‘anything goes’, but demands that complex hybrid solutions have to be sought. Obviously states must retain a right to determine responsibly how their respective national identity and legal order should develop in conditions, nowadays, of intense pluralist challenges posed by increasingly diverse demographic structures. Especially the presence of many people in the Nordic countries who are Muslims, may have strong links to other legal orders, and feel connected to a religion that they value as part of their own life and identity while also claiming the right to be Danish, Finnish, Norwegian or Swedish, cannot be ignored.
{"title":"European Islam in the Age of Globalisation and Legal Pluralism","authors":"W. Menski","doi":"10.7146/nnjlsr.v1i10.125697","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125697","url":null,"abstract":"The article argues that polycentric and polyphonic basic principles of pluralist navigation are always needed as balancing tools to preserve sensitivity and awareness of agile agency of various legal, social and religious stakeholders to allow situation-specific forms of navigation. Clearly, this does not mean that ‘anything goes’, but demands that complex hybrid solutions have to be sought. Obviously states must retain a right to determine responsibly how their respective national identity and legal order should develop in conditions, nowadays, of intense pluralist challenges posed by increasingly diverse demographic structures. Especially the presence of many people in the Nordic countries who are Muslims, may have strong links to other legal orders, and feel connected to a religion that they value as part of their own life and identity while also claiming the right to be Danish, Finnish, Norwegian or Swedish, cannot be ignored.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132202566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-05DOI: 10.7146/nnjlsr.v1i10.125689
Lene Kühle
The Islamic trust or foundation – the waqf – is traditionally a component of the complex of ideas, concepts and rules that is Islamic law. After marginalization under colonization and modernization, in recent decades the concept of the waqf has received renewed attention. This article presents the emergence of the waqf concept among Muslims in Denmark, partly in tandem with the establishment of Islamic foundations under Danish foundation legislation. The article argues that the establishment of Islamic foundations may be a beneficial way of organizing for Danish Muslims, but that the attempt to coordinate the understanding of foundations found in Danish legislation and in Islamic law may foreground certain tensions.
{"title":"Mosque is for All","authors":"Lene Kühle","doi":"10.7146/nnjlsr.v1i10.125689","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125689","url":null,"abstract":"The Islamic trust or foundation – the waqf – is traditionally a component of the complex of ideas, concepts and rules that is Islamic law. After marginalization under colonization and modernization, in recent decades the concept of the waqf has received renewed attention. This article presents the emergence of the waqf concept among Muslims in Denmark, partly in tandem with the establishment of Islamic foundations under Danish foundation legislation. The article argues that the establishment of Islamic foundations may be a beneficial way of organizing for Danish Muslims, but that the attempt to coordinate the understanding of foundations found in Danish legislation and in Islamic law may foreground certain tensions.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"31 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125701949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-05DOI: 10.7146/nnjlsr.v1i10.125692
Jesper Petersen
This article argues that Islamic authorities do not try to sustain a jurisdiction over Islamic divorce in Denmark. They respond to a juridical demand caused by the absence of Islamic legal institutions in Denmark, which I call the Islamic juridical vacuum. This vacuum entails that sharia is often defined locally in communities or families rather than by Islamic authorities, and when women are unable to obtain an Islamic divorce they turn to Islamic authorities for help. That is, in the absence of Islamic legal institutions they expect Islamic authorities such as imams and teachers in mosques to take the role of an Islamic judge upon themselves and issue Islamic divorces. However, Islamic authorities in Denmark have no formal legal power to issue divorces and they are often incapable of helping women whose husbands object to divorce. Therefore, some women end up in a type of marital captivity that Anika Liversage and I – with the Arabic word for marrigage, nikah – call nikah-captivity (Liversage and Petersen 2020).
{"title":"The Islamic Juridical Vacuum and Islamic Authorities’ Role in Divorce Cases","authors":"Jesper Petersen","doi":"10.7146/nnjlsr.v1i10.125692","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125692","url":null,"abstract":"This article argues that Islamic authorities do not try to sustain a jurisdiction over Islamic divorce in Denmark. They respond to a juridical demand caused by the absence of Islamic legal institutions in Denmark, which I call the Islamic juridical vacuum. This vacuum entails that sharia is often defined locally in communities or families rather than by Islamic authorities, and when women are unable to obtain an Islamic divorce they turn to Islamic authorities for help. That is, in the absence of Islamic legal institutions they expect Islamic authorities such as imams and teachers in mosques to take the role of an Islamic judge upon themselves and issue Islamic divorces. However, Islamic authorities in Denmark have no formal legal power to issue divorces and they are often incapable of helping women whose husbands object to divorce. Therefore, some women end up in a type of marital captivity that Anika Liversage and I – with the Arabic word for marrigage, nikah – call nikah-captivity (Liversage and Petersen 2020).","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"493 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127579082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-05DOI: 10.7146/nnjlsr.v1i10.125696
Mikele Schultz-Knudsen, R. Mehdi
This article investigates how rape laws and rape cases are culturally influenced, with a focus on marital rape. The first part of the article looks at cultural influences on rape laws and compares the historical development of these laws in Danish legislation, Pakistani legislation and more broadly in Muslim law. Danish comparative law often compares with legislation in neighboring countries, but comparing to a more different legal system is valuable too. We find that in both Denmark and Pakistan, socio-economic changes challenge existing definitions of rape and marital rape, leading to demands for legal reform, while the legal system tries to maintain as much continuity in the legal definitions as possible. In both jurisdictions, societal views on women and sex also influence how judges and jurors interpret the law, sometimes leading them to contradict the written law. The second part of the article analyzes two court cases involving marital rape in Danish-Pakistani couples. Cultural considerations influenced every part of these court cases, from the questioning of witnesses to the judges’ legal reasoning. Thus, having an understanding of the parties’ culture is important for judges and lawyers. The cases show that culture varies markedly between people from the same national background. Because culture is not uniform, parties are likely to disagree on which cultural rules they followed in their marriage. Judges must be aware that parties may rely on stereotypical cultural views to portray the other party negatively. The article concludes with recommendations, including the need to educate the population as legal concepts of rape change, as well as for judges to be aware of not only the legal culture and the culture of the parties, but also of how their own culture might influence their decisions. The article also reflects on recent legislative changes in Denmark and Pakistan and points out that the debate in Denmark has not considered how consent and threats can have different implications in minority cultures.
{"title":"Marital Rape in Denmark and Pakistan","authors":"Mikele Schultz-Knudsen, R. Mehdi","doi":"10.7146/nnjlsr.v1i10.125696","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125696","url":null,"abstract":"This article investigates how rape laws and rape cases are culturally influenced, with a focus on marital rape. The first part of the article looks at cultural influences on rape laws and compares the historical development of these laws in Danish legislation, Pakistani legislation and more broadly in Muslim law. Danish comparative law often compares with legislation in neighboring countries, but comparing to a more different legal system is valuable too. We find that in both Denmark and Pakistan, socio-economic changes challenge existing definitions of rape and marital rape, leading to demands for legal reform, while the legal system tries to maintain as much continuity in the legal definitions as possible. In both jurisdictions, societal views on women and sex also influence how judges and jurors interpret the law, sometimes leading them to contradict the written law. The second part of the article analyzes two court cases involving marital rape in Danish-Pakistani couples. Cultural considerations influenced every part of these court cases, from the questioning of witnesses to the judges’ legal reasoning. Thus, having an understanding of the parties’ culture is important for judges and lawyers. The cases show that culture varies markedly between people from the same national background. Because culture is not uniform, parties are likely to disagree on which cultural rules they followed in their marriage. Judges must be aware that parties may rely on stereotypical cultural views to portray the other party negatively. The article concludes with recommendations, including the need to educate the population as legal concepts of rape change, as well as for judges to be aware of not only the legal culture and the culture of the parties, but also of how their own culture might influence their decisions. The article also reflects on recent legislative changes in Denmark and Pakistan and points out that the debate in Denmark has not considered how consent and threats can have different implications in minority cultures.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123239744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-30DOI: 10.7146/nnjlsr.v1i10.125690
S. Ali, Justin Jones, A. Shahid
This is an abridged version of the article. The full article is available in Jahrbuch für islamische Rechtswissenschaft, edited by Cefli Ademi and Mathias Rohe and published by C.H. Beck/Munich in 2020. The article looks at practices regarding Muslim marriages (nikāhs) in Britain. In Britain, entry on the civil register is required for a Muslim marriage to be recognised as a valid marriage. However, some Muslims do not register their marriage and live in nikāh-only marriages. This article draws upon multiple pieces of research to investigate whether decisions not to register are informed and conscious. This includes surveys, focus group discussions and academic conference panels. The results clearly highlight the plurality and diversity of both Muslim thought and conduct in contemporary Britain, and finds that Muslims are developing a number of ‘new’ Muslim marriage practices, such as taking out a nikāh-only marriage as a means of validating a dating relationship. The article concludes with reflections on possible responses to the considerable challenges in accommodating Muslim and civil laws of marriage.
{"title":"To Register or not to Register? Reflections on Muslim Marriage Practices in Britain","authors":"S. Ali, Justin Jones, A. Shahid","doi":"10.7146/nnjlsr.v1i10.125690","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125690","url":null,"abstract":"This is an abridged version of the article. The full article is available in Jahrbuch für islamische Rechtswissenschaft, edited by Cefli Ademi and Mathias Rohe and published by C.H. Beck/Munich in 2020. The article looks at practices regarding Muslim marriages (nikāhs) in Britain. In Britain, entry on the civil register is required for a Muslim marriage to be recognised as a valid marriage. However, some Muslims do not register their marriage and live in nikāh-only marriages. This article draws upon multiple pieces of research to investigate whether decisions not to register are informed and conscious. This includes surveys, focus group discussions and academic conference panels. The results clearly highlight the plurality and diversity of both Muslim thought and conduct in contemporary Britain, and finds that Muslims are developing a number of ‘new’ Muslim marriage practices, such as taking out a nikāh-only marriage as a means of validating a dating relationship. The article concludes with reflections on possible responses to the considerable challenges in accommodating Muslim and civil laws of marriage.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122567669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i9.122161
Corrado Moriconi
This article explores the current legal protection of personal information in the People’s Republic of China. The P.R.C. has rapidly developed legislatively and academically with comprehensive Chinese data protection regulation closely integrated with all new developments. Currently, the legal framework appeared to be fragmented in that it is composed of widely varying laws and regulations. This article will offer a description of the evolution of the modern concept of privacy within the context of Chinese political and societal norms. The relevant regulations and their development will be addressed relative to significant cases. Conclusions and perspectives on possible future improvements are described in a general summary.
{"title":"Recent Evolution of the Personal Privacy Legal Protection in People’s Republic of China","authors":"Corrado Moriconi","doi":"10.7146/nnjlsr.v1i9.122161","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122161","url":null,"abstract":"This article explores the current legal protection of personal information in the People’s Republic of China. The P.R.C. has rapidly developed legislatively and academically with comprehensive Chinese data protection regulation closely integrated with all new developments. Currently, the legal framework appeared to be fragmented in that it is composed of widely varying laws and regulations. This article will offer a description of the evolution of the modern concept of privacy within the context of Chinese political and societal norms. The relevant regulations and their development will be addressed relative to significant cases. Conclusions and perspectives on possible future improvements are described in a general summary.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126831015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i9.122159
G. Sabatino
Market digitalisation leads law to transpose traditional concepts of economic regulation to another theoretical and practical level. Through the legal balance among ordo-liberal and protectionist approaches, public powers seek to functionalize digital economy to socio-economic development purposes. However, such functionalization is inherently connected to supervision and control over online markets. The object of such evolutionary processes comes to be the relationship between legal subjects. The orientation and the transparency of the online legal relationship represent one of the most advanced goals of modern economic law, attempting to neutralize, through regulation, the inevitable information asymmetry distancing each of the subjects involved from the whole system. The paper, mainly focusing on certain recent developments in the legal systems of the PRC and the EU will attempt to sketch the relevant issues and some possible solutions.
{"title":"Economic Law and The Development of Digital Markets, between Ethics and Efficiency","authors":"G. Sabatino","doi":"10.7146/nnjlsr.v1i9.122159","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122159","url":null,"abstract":"Market digitalisation leads law to transpose traditional concepts of economic regulation to another theoretical and practical level. Through the legal balance among ordo-liberal and protectionist approaches, public powers seek to functionalize digital economy to socio-economic development purposes. However, such functionalization is inherently connected to supervision and control over online markets. The object of such evolutionary processes comes to be the relationship between legal subjects. The orientation and the transparency of the online legal relationship represent one of the most advanced goals of modern economic law, attempting to neutralize, through regulation, the inevitable information asymmetry distancing each of the subjects involved from the whole system. The paper, mainly focusing on certain recent developments in the legal systems of the PRC and the EU will attempt to sketch the relevant issues and some possible solutions.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128052475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i9.122165
Marya Akhtar
This article examines the human rights challenges of police use of facial recognition technology from a European perspective. Based on both international human rights law, the European Convention on Human Rights and EU law, the article argues that the technology challenges human rights. The focus of the article is on the right to privacy and data protection, as this right is fundamentally at risk by the technology. Acknowledging that other rights and guarantees are also negatively impacted by the use of facial recognition technology, the article makes reference to the risk of discrimination, and the unregulated cooperation between State and the surveillance technology industry. However, a central point in the article is that irrespective of whether the technology can be refined to eliminate risk of discrimination, and even if sufficient safeguards for cooperation between State and the industry are put in place, fundamental challenges remain in relation to the right to privacy and data protection. The technology captures the unique facial features of an individual known as biometric data which is highly sensitive data and creates an interference with the right to privacy and data protection. By allowing facial recognition, society allows for an entirely new type of intensive surveillance. The use of the technology also entails a risk of chilling effect on e.g. freedom of assembly which furthers negative implications on human rights. The article concludes that when it comes to police use of facial recognition technologies, States should tread carefully and ensure that a sufficient human rights-based regulatory framework and adequate safeguards are in place before considering using the technology.
{"title":"Police use of facial recognition technology and the right to privacy and data protection in Europe","authors":"Marya Akhtar","doi":"10.7146/nnjlsr.v1i9.122165","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122165","url":null,"abstract":"This article examines the human rights challenges of police use of facial recognition technology from a European perspective. Based on both international human rights law, the European Convention on Human Rights and EU law, the article argues that the technology challenges human rights. The focus of the article is on the right to privacy and data protection, as this right is fundamentally at risk by the technology. Acknowledging that other rights and guarantees are also negatively impacted by the use of facial recognition technology, the article makes reference to the risk of discrimination, and the unregulated cooperation between State and the surveillance technology industry. However, a central point in the article is that irrespective of whether the technology can be refined to eliminate risk of discrimination, and even if sufficient safeguards for cooperation between State and the industry are put in place, fundamental challenges remain in relation to the right to privacy and data protection. The technology captures the unique facial features of an individual known as biometric data which is highly sensitive data and creates an interference with the right to privacy and data protection. By allowing facial recognition, society allows for an entirely new type of intensive surveillance. The use of the technology also entails a risk of chilling effect on e.g. freedom of assembly which furthers negative implications on human rights. The article concludes that when it comes to police use of facial recognition technologies, States should tread carefully and ensure that a sufficient human rights-based regulatory framework and adequate safeguards are in place before considering using the technology.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124614798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i9.122164
Daniel Sprick
China’s public security forces are employing more and more technology in their push for an ‘informatization (信息化)’ of their police work. The application of analytical techniques for solving past crimes or preventing future crimes based on big data analysis is thereby a key component of China’s approach for technology-led policing. China’s holistic policy approach for the purpose of maintaining social stability that is encompassing an ever-growing range of societal issues, the vast investments of its police forces in new technologies and its paramount objective of security, that clearly supersedes inter alia concerns of privacy or transparency, may be considered extremely conducive to the establishment of effective predictive policing in China. This paper however argues, that the application of predictive policing in China is heavily flawed as the systemic risks and pitfalls of predictive policing cannot be mitigated but are rather exacerbated by China’s approach towards policing and its criminal justice system. It is therefore to be expected that predictive policing in China will mainly be a more refined tool for the selective suppression of already targeted groups by the police and does not substantially reduce crime or increase overall security.
{"title":"Predictive Policing in China","authors":"Daniel Sprick","doi":"10.7146/nnjlsr.v1i9.122164","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122164","url":null,"abstract":"China’s public security forces are employing more and more technology in their push for an ‘informatization (信息化)’ of their police work. The application of analytical techniques for solving past crimes or preventing future crimes based on big data analysis is thereby a key component of China’s approach for technology-led policing. China’s holistic policy approach for the purpose of maintaining social stability that is encompassing an ever-growing range of societal issues, the vast investments of its police forces in new technologies and its paramount objective of security, that clearly supersedes inter alia concerns of privacy or transparency, may be considered extremely conducive to the establishment of effective predictive policing in China. This paper however argues, that the application of predictive policing in China is heavily flawed as the systemic risks and pitfalls of predictive policing cannot be mitigated but are rather exacerbated by China’s approach towards policing and its criminal justice system. It is therefore to be expected that predictive policing in China will mainly be a more refined tool for the selective suppression of already targeted groups by the police and does not substantially reduce crime or increase overall security.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122400176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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