Antwort auf die Replik von Marc Bühlmann,Wolfgang Merkel,Lisa Müller und Bernhard Weßels zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung

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Wie lässt sich Demokratie am besten messen? Zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung * Die vier Autor(inn)en arbeiten in einem gemeinsamen Forschungsprojekt des NCCR Democracy (vom Schweizerischen Nationalfonds finanziertes National Centre of Competence in Research: Challenges to Democracy in the 21^st Century) und des WZB an einem „Demokratiebarometer“ für die 30 OECD-Staaten, das die Ignoranz der 0-Varianz bei Polity und Freedom House aufkl?ren will.

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Justice: Plain Old and Distributive: Rejoinder to Charles Taylor

This paper argues that the views of Charles Taylor on justice in income and wealth distribution are fallacious, especially in regard to issues such as private property rights, justice, human rights, and theft. As to this last point, Taylor maintains it is possible, under certain circumstances, to “legitimately steal.” We regard this as a philosophical howler of the first order. We also demur from his contention that equity and equality can be used as synonyms.

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Punishing Genocidaires: A Deterrent Effect or Not?

More than sixty years after the seminal Nuremberg trials, different forms of transitional justice mechanisms abound around the world. Above all, the International Criminal Court started recently the hearings in its very first case. Reading the document containing the charges against Thomas Lubanga Dyilo, a militia leader accused of horrendous war crimes committed in the Democratic Republic of Congo, the question of why to punish perpetrators of atrocity crimes seems almost ludicrous. However, concerns that international prosecutions inadvertently prolong or even exacerbate conflicts do require a response. Most proponents of international criminal tribunals argue that prosecutions have a deterrent effect. This article reviews the deterrence argument, highlights its inherent complexities, and proposes a refined approach to meet both the realities of atrocity crimes and international prosecutions.

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Democratic Development,Judicial Reform and the Serbian Question in Croatia

In anticipation of Croatia’s accession to the European Union, this article assesses the way in which the state has come to terms with the Serbian question and the practice of non-discrimination in the justice sector. The first part offers an historical review of the Serbian question in Croatia and the main laws that discriminated against non-Croats during the war and rule of President Franjo Tudjman (1991–1999). The second part evaluates the nature of judicial reform in light of the external demands placed on Croatia to improve relations with the Serbian minority and recent rulings from the European Court of Human Rights, which have questioned the capacity of the Croatian judiciary to provide an effective remedy in cases of human rights violations.

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Close But Not Close Enough

The authors comment on an earlier aritice in Society by Eugene Goodheart and offer a novel hypothesis about the origins of religion.

Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection of individuals to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law.

The Prison Boom and the Decline of American Citizenship

The US imprisonment rate increased fivefold in the three decades from 1975 to 2005. Growth in the scale of criminal punishment was linked partly to a more punitive politics that repudiated the goal of rehabilitation, and partly to the collapse of economic opportunity for young unskilled men in inner cities. The growth of the penal system produced extraordinary rates of incarceration among recent cohorts of young black men with little schooling. We can understand the growth of incarceration to produce and erosion of citizenship among young black men, weakening the web of mutual obligation that defines full membership in American society.

Cohabitation,Marriage, and Child Wellbeing: A Cross-National Perspective

Non-marital cohabitation has become widespread in modern, Western nations. It has led to dramatic declines in marriage rates and contributed to high levels of unwed births and lone-parent families, thus negatively affecting child wellbeing.

Religion and National Identity in America and Europe

America and Europe have had very different religious experiences, and these differences have continuing consequences. In America, the preponderance of Reform Protestantism gave rise to religious and political pluralism, a religious marketplace, and the continuing vitality of the churches. In Europe, the dominance of state churches gave rise to the eventual rejection of these churches and religions when the traditional political and social authorities were rejected, particularly by the Generation of 1968. However, Europe’s extreme secularization has rendered it confused and ineffective in dealing with the new religious challenge posed by Muslim immigrant communities.

The Special Court for Sierra Leone’s Consideration of Gender-based Violence: Contributing to Transitional Justice?

Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon personal dignity. The February 22, 2008 appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice.

The Weakness of Our Political Parties

Whatever else the 2008 presidential election may result in, we can be sure that it will only contribute further to the steadily declining role of political parties in American politics, and the myriad negative consequences arising from that decline.

Public Intellectuals as Media Critics

In the 1940s, leading public intellectuals established a commission to reform the American press. Many of them initially favored heavy regulation of newspapers and other media. Though the men failed to change the press, their report lives on in schools of journalism.

Why it Never Really was About Authenticity

Critics of the concept fail to note that staged authenticity is not authenticity but its opposite or negation. This error is illustrated referencing Ed Bruner’s reading of The Tourist in his recent book Culture on Tour.

Day Laborers and Dock Workers: Casual Labor Markets and Immigration Policy

The situations of nineteenth century dock workers and today’s immigrant day laborers bear striking similarities and challenges, especially for those seeking to organize them into labor unions. The obstacles confronting such organizing efforts also underscore the legitimate concerns many Americans have about the threats to social order posed by immigrants today.

The world revolution of our time: a review and update

In 1935 Harold D. Lasswell introduced constructs of the world revolution to improve the rational selection of topics and timing for policy research. This article reviews and updates his construct of the skill revolution arising from the differentiation of specialized environments in modern society, including three variants: the garrison-state construct, the permanent revolution of modernizing intellectuals, and the unspeakable revolution. Among transformations of the skill revolution facilitated by the growing interdependence of modern society, or globalization, are contending fundamentalist and cosmopolitan revolutions. A Gnostic revolution of declining faith in Western civilization is also possible. This article concludes with a preferential construct tracing a possible sequence of events leading toward a world order of peace, welfare and social justice.

Open Societies and Closed Minds

Karl Popper’s equation of the closed society with tribalism is reviewed and modified. The German origins of the anthropological concept of culture and its related ideas of the folk culture and cultural relativism are explored. The vicissitudes of the idea of The Folk and its swing from Right to Left are related to contemporary neo-primitivism. The open society and high culture are defended.

Intolerance Toward Gays and Lesbians in Poland

The protection of rights of freedom of speech and assembly for gays and lesbians in Poland has come under greater international scrutiny because of the mismanagement of peaceful demonstrations throughout Poland in 2005. An overview and context of the political, economic, and social transformation of Poland in the 1990s shows a flourish of activity among gays and lesbians as the economic and political spheres open, as well as weaker law enforcement during the rapid change to capitalism and democracy. Although society has opened dramatically and tolerance has grown recently, the concept of protecting minority rights for gays and lesbians in Poland continues to be weak in public opinion, laws, and the top sources of opinion.

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From Dictatorship to Democracy: Four Chilean Women’s Memories

A law school dean, a university president, a scholarly judge, and the head of the Foreign Ministry division in charge of Chile’s frontiers agree: The Constitution of 1980 was the initial turning point in Chile’s transition from autocracy to pluralism.

Why Do States Commission the Truth? Political Considerations in the Establishment of African Truth and Reconciliation Commissions

Although the use of truth and reconciliation commissions (TRCs) has grown considerably over the last 3 decades, there is still much that we do not know concerning the choice and the structuring of TRCs. While the literature has focused primarily on the effects of TRCs, we examine the domestic and the international factors influencing the choice of a commission in sub-Saharan Africa from 1974 to 2003 using pooled cross-sectional time series. We find that states which adopted a TRC prior to South Africa were generally repressive centralized regimes which used the truth commission as political cover. However, since South Africa’s TRC, democratizing states have been more likely to adopt a truth commission as a form of transitional justice.