PhD Methods of judicial lawmaking

PhD Methods of judicial lawmaking

Published Deadline Location
26 Jun 31 Aug Tilburg

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Tilburg Law School of Tilburg University is looking for a PhD Methods of judicial lawmaking: future instruments that might help courts in developing new law.

Job description

The PhD position concerns a more forward looking research project into instruments that might in the future help courts in developing new law. Legislators use a variety of tools in order to conduct ex ante evaluations with regard to legislative drafts, such as regulatory impact assessments, stakeholder consultations, hearings, pilots and experiments. Courts, however, seem to be less familiar with instruments or methods that may help them to predict the possible consequences of judicial rulemaking. This project therefore rests on two pillars: 1) exploring what courts actually do in order to inform themselves about the macro-effects of judicial decision making that may go beyond the context of the litigating parties (e.g. possible floodgate effects of holding public authorities liable for damages or potential (other) adverse effects of judicial rules, such as strategic behaviour of norm addressees to avoid the consequences of new judicial rules); 2) what methods and techniques are available for courts to predict the consequences of different possible rulings? Here one might draw inspiration from how legislators and regulators operate and the way in which they inform themselves, for example, via comparative legal research, hearings and amicus briefs and the installment of monitoring bodies. However, we would also be interested in the potential of big data and artificial intelligence (AI) for judicial lawmaking. We believe that the rise of modern (digital) technology is fundamentally transforming the methodology of judicial law making at an increasingly higher pace. One of the major technological developments is that algorithms powered by machine learning may also permeate the judicial law making process. Where courts themselves contribute to the process of law making it becomes apparent that nowadays courts increasingly have to take into account the legal and non-legal effects beyond the scope of specific judicial disputes. What can be learned in this respect from how AI and big data are already being applied in law and policy making and what (other) experimental knowledge is available that could fuel the toolbox of judicial law makers?

Research (0,8 fte)

  • Actively contribute to the operationalization of the research project ‘Judicial Lawmaking’.
  • Pursue academically path-breaking research leading to an excellent PhD dissertation
  • Participate in the Tilburg Graduate Law School courses and activities.
  • Be an active member of the department by participating in and organizing events and activities, presenting and discussing research output within the department, and representing the department outside Tilburg University. 

Teaching (0,2 FTE)

  • Teach and coordinate courses at the undergraduate and/or LLM programs the department is involved in. 
  • Cooperate with other colleagues in developing new or modifying existing courses.

Specifications

Tilburg University

Requirements

Tilburg University believes that academic excellence is achieved through the combination of outstanding research and education, in which social impact is made by sharing knowledge. In doing so, we recognize that excellence is not only achieved through individual performance, but mostly through team effort in which each team member acts as a leader connecting people. 

Applicants: 

  • Have completed (or will complete by the end of August) a Master in Law. Research Master’s program students are especially encouraged to apply
  • Have a strong interest in doing research and is able to formulate views, ideas and concepts based upon complex information, as well as construct conceptual frameworks or models.
  • Have good planning and organizing skills because they are necessary to complete your PhD research in the total period of time. 
  • Be able to undertake certain administrative duties autonomously 
  • Be able and willing to work in a team and undertake administration tasks. 
  • Be proactive and accountable, able to prioritize across responsibilities, and manage varied commitments. 
  • Have excellent interpersonal, as well as strong and effective communication skills. 
  • Have perfect command of English. Knowledge of Dutch would be an asset, but is not required. 
  • Be available to start working as soon as possible but in any case before the end of 2020. 
  • Be present at Tilburg University during working hours, and commit to integrate in the environment provided by DPLG and the Tilburg Law School. 

Conditions of employment

Tilburg University offers excellent terms of employment. We believe flexibility, development, and good employee benefits are very important. We make clear agreements on career paths and offer all kinds of facilities and schemes to maintain an optimum balance between work and private life. Tilburg University fosters diversity and inclusion; that is why we pursue an active policy for inclusive teams where diverse talents can flourish.

The starting gross salary varies between € 2395 and €3061 per month (full time) based on scale P of the Collective Labor Agreement Dutch Universities. Tilburg University actively promotes equal and transparent salary between men and women by strictly applying predetermined parameters based on the candidate’s experience. Employees recruited from abroad may be eligible for the 30% tax facility- this means that 30% of your salary will be paid as a tax-free reimbursement.

Tilburg University offers you an employment agreement which will initially be for a fixed period of 16 months with a statutory probationary period of two months. After 12 months, an evaluation will take place. If the performance evaluation is positive, your employment agreement will be extended for the remaining period of 32 months. 

You are entitled to a holiday allowance amounting to 8% and a year-end bonus of 8.3% of your gross yearly income. If you work 40 hours per week, you receive 41 days of paid recreational leave per year.

Please visit Working at Tilburg University for more information on our employment conditions. 

Employer

Tilburg University

Under the motto of ‘Understanding society’, Tilburg University’s more than 1,500 employees develop knowledge, transfer it to others, and bring people from various disciplines and organizations together. In this way, we want to contribute to solving complex social issues. Our focus areas are economics, business and entrepreneurship, social and behavioral sciences, law and public administration, the humanities and digital sciences, and theology. Tilburg University is internationally known for its high standards in education and scientific research, as well as its good support facilities. The Tilburg University campus offers both quietness and connectivity as it is located in a wooded park, ten minutes away from the city center, main highways, and railways. A mid-sized city of 200,000 inhabitants in the South of the Netherlands, and in proximity to cities like Amsterdam, Brussels, Paris, and London, Tilburg is situated at the very heart of Western Europe. 

Department

Tilburg Law School

Tilburg Law School offers highly ranked national and international education and research in law and public administration. Currently, almost 4,000 students are enrolled at Tilburg Law School. Students in Tilburg can choose from five Bachelor's programs, one of which is taught in English (Bachelor Global Law) and ten Master's programs, eight of which are taught in English. The international orientation of Tilburg Law School is reflected in these Bachelor's and Master's programs. The research conducted within Tilburg Law School is aimed at social relevance and provides students with the tools and skills to study and deal with current issues at an academic level. The research within Tilburg Law School is organized into five cross-departmental research programs: 1) Global Law and Governance; 2) New Modes of Lawmaking and Governance in a Multilayered Order; 3) Law and Security; 4) Sustainable Business Law and Taxation; and 5) Law and Technology. 

For additional information about the Departments Public Law & Governance and Private Law & Business Law click here 

Specifications

  • PhD
  • Law
  • max. 40 hours per week
  • €2395—€3061 per month
  • University graduate
  • 16823

Employer

Location

Warandelaan 2, 5037 AB, Tilburg

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