Law is Myth

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Any title for this paper beginning with the words “law as...” would have been...     

The scope of exclusionary public response to the European refugee crisis

We know from previous research that an exclusionary reaction in public opinion is likely following a sudden and large-scale influx of refugees of the sort experienced in many European countries in 2015. Yet, we know much less about the scope of these expected reactions. This article makes a conceptual and empirical contribution to the analysis of the scope of exclusionary reactions following a refugee crisis. Conceptually, we distinguish between three scope dimensions: substantive reach, duration and politicization. Empirically, we evaluate each of the scope dimensions using seven-wave panel-data collected before, during and after the large-scale influx of refugees to Norway. We find that the expected exclusionary reaction (a) spilled over to opinion about immigration broadly speaking; (b) endured in that it lasted long after the situation in Norway had been brought under control; (c) encompassed voters of all political stripes. Nevertheless, we also document an important limitation to the scope of the reaction: The sudden influx of refugees to Norway did not cause a permanent shift in public opinion. Approximately two years after the situation had been brought under control, opinion about both refugee rights and immigration generally had reverted back to pre-crisis baseline levels. Interestingly, the conceptual and empirical analysis suggests that public opinion dynamics following a sudden and large-scale influx of refugees is similar to that found in response to other forms of large national or international crises.     

A Not So Technocratic Executive? Everyday Interaction between the European Parliament and the Commission

The European Commission, although generally portrayed as a technocratic, non-majoritarian institution, or as an agent of EU member governments, has become increasingly linked to the European Parliament (EP) through a range of semi-parliamentary measures intended to increase the executive’s legitimacy and accountability. In this article we argue that in addition to several highly visible and often treaty-based control instruments, an almost symbiotic, less visible, routine relationship can be observed between the two institutions. Based on an online survey of EP staff, as well as on minutes from EP committee meetings, this article examines the daily interaction taking place between the Commission and the EP, particularly at the level of officials. Although mutual interdependence in the legislative process may trigger daily interaction, the theoretical argument proposed is that the latter is facilitated and reinforced under two particular conditions: (i) if the two institutions share similar organisational patterns, and (ii) if they share similar behavioural patterns. Three such patterns are emphasised: sectoral, ideological and supranational.     

A classification framework for out-of-home advertising media in South Africa

Abstract

Out-of-home (OOH) advertising media have expanded worldwide and the shape and format of these media globally, as well as in South Africa, have changed considerably. Until recently, the OOH advertising media landscape consisted primarily of outdoor advertising or billboards reaching vehicular traffic, but now has expanded to include a wide range of OOH advertising media types which aim to reach a mobile audience wherever they live, work, play, drive, shop or commute. Currently there is no coherent contemporary framework to compare and select the most effective media options to reach a selected target market in a specific OOH audience environment. This article draws from academic and practitioner sources to propose a classification framework for OOH advertising media in South Africa comprising four major platforms: outdoor advertising, transit media advertising, street-and-retail furniture advertising, and digital and ambient OOH media channels. The framework serves to inform marketers of viable and cost-effective traditional and contemporary OOH advertising media options. It also indicates what platforms are appropriate to reach specific audiences effectively in a variety of environments outside their homes. This is the first framework of its kind for the South African context that offers an orderly, integrated basis for future research.     

A Special Youth Sanction

Under the label ‘youth sanction’ (ungdomssanktion) a new type of sentence for juvenile offenders has been enacted by a 2001 amendment to the Danish Penal Code. The study reported here is an analysis of the 55 sentences imposed over the first year. Widespread disparity and disproportionality in sentencing was found. Statutory requirements regarding the seriousness of the individual case have not in all instances been satisfactorily established. The emergence of the new sanction implies a considerable increase in the intensity of intervention. Being based on a revitalized treatment ideology, the new criminal sanction legitimizes a vast widening of the control measures directed against troubled youth, in particular such offenders who has another ethnic background than Danish. No comprehensive programme or coherent vision regarding treatment methods has been stipulated, and professionals are bewildered and in disagreement regarding such issues. Nothing indicates that the costly efforts will prove to be adequate as rehabilitative and crime preventive tools. The introduction of the youth sanction is part of a contemporary criminal policy agenda dominated by a broad political coalition with an urge to demonstrate ability and readiness to cope with juvenile street crime by employing more ‘consequent’ measures, involving tougher and swifter punishment combined with coerced rehabilitation.     

Constructing Crime against the Elderly in Swedish Crime Prevention Campaigns

The study investigates how crime prevention activities frame the problem of crime against the elderly, regarding character, causes, effects and solutions. Data was collected through participant observations, interviews and analysis of a film produced by a local crime prevention council in Sweden. It is concluded that crime prevention for seniors produces complex and contradicting images of the problem. In situational crime prevention seniors are warned to look out for strangers stalking them or trying to access their homes. Statements that victimization is uncommon among the old are combined with warnings that invoke images of mysterious ever-present perpetrators. In social crime prevention, where causes and interventions of crime are discussed, crime prevention officers link the problem to established social problems such as drug abuse and juvenile delinquency. This way of framing the problem is typical for a Swedish Social Democratic perspective, where lack of community and integration are defined as causes of social problems. It is concluded that warnings to look out for strangers who ask for help may be at odds with this striving towards community.     

State,bureaucracy and change in India

The article discusses the nature of the Indian state and of the Indian bureaucracy. During the 1980s, it was widely believed that the Indian bureaucracy constituted a dominant class and that this dominance is the root cause of economic stagnation. When confronted with empirical evidence, this assertion seems less convincing. The complex picture that emerges of the Indian state does not totally contradict the dominant view. This complexity points to a need for a more elaborated theoretical understanding of the role of the state and of the public bureaucracy. The article concludes by sketching the outlines of such a possible revised theoretical framework.     

Sudden infant death syndrome (SIDS)--standardised investigations and classification: recommendations

Sudden infant death syndrome (SIDS) still accounts for considerable numbers of unexpected infant deaths in many countries. While numerous theories have been advanced to explain these events, it is increasingly clear that this group of infant deaths results from the complex interaction of a variety of heritable and idiosyncratic endogenous factors interacting with exogenous factors. This has been elegantly summarised in the "three hit" or "triple risk" model. Contradictions and lack of consistencies in the literature have arisen from diverse autopsy approaches, variable applications of diagnostic criteria and inconsistent use of definitions. An approach to sudden infant death is outlined with discussion of appropriate tissue sampling, ancillary investigations and the use of controls in research projects. Standardisation of infant death investigations with the application of uniform definitions and protocols will ensure optimal investigation of individual cases and enable international comparisons of trends.     

Allele frequencies and haplotypes of eight Y-short tandem repeats in Bantu population living in Central Africa

Eight Y chromosome short tandem repeats (STR) loci (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393, DYS385I/II) were used to assess haplotype distribution in non-selected, unrelated Bantu males living in Central Africa [N. Mathias, M. Bayes, C. Tyler-Smith, Highly informative compound haplotypes for the human Y chromosome, Hum. Mol. Genet. 3 (1994) 115-123; L. Roewer, J. Arnemann, N.K. Spurr, K.H. Grzeschik, J.T. Epplen, Simple repeat sequences on the human Y chromosome are equally polymorphic as their autosomal counterparts, Hum. Genet. 89 (1992) 389-394; P. De Knijff, M. Kayser, A. Caglia, D. Corach, N. Fretwel, C. Gehrig, G. Graziosi, F. Heidorn, S. Herrmann, B. Herzog, M. Hidding, K. Honda, M. Jobling, M. Krawczak, K. Leim, S. Meuser, E. Meyer, W. Oesterreich, A. Pandya, W. Parson, G. Penacino, A. Perez-Lezaun, A. Piccini, M. Prinz, C. Schmitt, P. M. Schneider, R. Szibor, J. Teifel-Greding, G. Weishold, L. Rower, Chromosome Y microsatellites: population genetic and evolutionary aspects, Int. J. Legal Med. 110 (1997) 134-149; M. Kayser, A. Caglia, D. Corach, N. Fretwel, C. Gehrig, G. Graziosi, F. Heidorn, S. Herrmann, B. Herzog, M. Hidding, K. Honda, M. Jobling, M. Krawczak, K. Leim, S. Meuser, E. Meyer, W. Oesterreich, A. Pandya, W. Parson, G. Penacino, A. Perez-Lezaun, A. Piccini, M. Prinz, C. Schmitt, P. M. Schneider, R. Szibor, J. Teifel-Greding, G. Weishold, P. de Knijff, L. Rower, Evaluation of Y chromosome STRs: a multicenter study, Int. J. Legal Med. 110 (1997) 125-133, 141-149]. One hundred and sixty-five full haplotypes were obtained from Bantu males. The most common haplotype (DYS19-15, DYS389I-13, DYS389II-30, DYS390-21, DYS391-10, DYS392-11, DYS393-13, DYS385I/II-15,17) was shared by 5.5% of individuals. In the Bantu population in Central Africa, the haplotype diversity and the discrimination capacity of Y-STR may be estimated at 99.14% and 0.5333, respectively.