Criminality, judgement and eschatology

Abstract

Criminality, judgement and eschatologyThe so called emancipation of the victim of crime in the last decades -socially, in criminal proceedings, and also our theoretical reflection raises the question whether, morally speaking, our views on criminality have changed. Is this perhaps indicative of a broader cultural shift in perspectives, a reframing of the position of the victim and the perpetrator? The approach of the Dutch victimologist Jan van Dijk seems to mirror a social and political trend towards a post-Christian way of dealing with criminality. But his approach is perhaps somewhat too contemporary, as I will argue, for he fails to take into account the shadow sides of a culture which affords the victim such a central place. IntroductIonOne of the most striking developments in international criminal law during past few decades has been the so-called emancipation of the victim of crime -socially, in criminal proceedings, and also in our theoretical reflection. Some legal scholars even call this emancipation "the most important development in criminal law after World War II". 1 In the Netherlands these developments are already making themselves felt politically, as the current and the preceding cabinet has explicitly established greater care and attention to victims and their rights as a key policy objective. Stricter treatment of perpetrators and a more sober approach to detention appear to be the related outcomes. 2Apart from raising all kinds of juridical issues, this also raises the question of whether, morally speaking, our views on criminality have changed. Is this perhaps indicative of a broader cultural shift in perspective, a recontextualization of the victim and the perpetrator? Here it would perhaps be useful to turn to the very new science of victimology, and specifically to one of its most prominent and internationally recognized representatives, the Dutch Professor Jan van Dijk. In 2008 this empirically orientated scientist ventured into publishing a culturalhistorical essay on victimhood; in addition a few of his other texts clearly reveal an interest in aspects of cultural philosophy, religious studies and theology.3 His approach seems to mirror a social and political trend towards what I would like to call a post-Christian way of dealing with criminality.First I will present an overview of van Dijk's most important thesis (2).