Towards the Abolition of Penal Sanctions in Dutch Colonial Labour Legislation: An International Perspective

Abstract

In 1877, the Dutch parliament declared that the use of penal sanctions in a civil dispute was contrary to the classic-liberal legal principles it was eager to follow in diose days. Based on these principles was the concept of stricdy separated civil, penal and administrative jurisdiction, a concept modeled on modern legislation, guaranteeing equal justice for both civilians and authorities. As a consequence of this liberal direction, from then on the infliction of penal laws by authorities would be justified only when the general interest was at stake.