Konsekrationsinstanzen im digitalen Wandel – Beiträge zur Erweiterung des feldanalytischen Forschungsprogramms am Beispiel populärer Musik

The article has two objectives: First, pursuant to the recent papers on a “sociology of (e)valuation,” an extension of Bourdieusian field theory will be presented, which reacts to three problems with this theory that were expressed in the critical reception: the immanent tendency to emphasize reproduction more strongly than transformation; the disregarding of technology; and the simple dualism of cultural and economic logic. To begin with, a dynamization of the research program will be undertaken, in that fault lines and transformation dynamics will be revealed that could lead to the invalidation of Pierre Bourdieu’s strict homological assumptions. Following up on that, it will be shown how technology, which was neglected by Bourdieu, can become an (external) factor that causes fundamental changes in fields. Finally, in connection with Jörn Lamla’s reflections on “cultural capitalism” and through a differentiation of the concept of the instance of consecration, a level of analysis will be specified on which the transformation dynamics under discussion can be observed. Secondly, the successful integration of technology in new forms of consecration in the field of pop music will be examined. On the basis of the reaction of classical pop-music journalism to the new value assignment instances that have arisen through digitalization, it can be shown that the challenge arising from new forms of consecration results in negotiatory processes in the field of pop music journalism in which various repositionings in the relationship of cultural and economic logics appear.     

确保新丝绸之路的安全

中国重燃雄心,决意沿着丝绸之路的不同分支大力发展贸易,这就带来了一系列全新的传统及非传统安全挑战,中国政府誓言用崭新的安全观应对这些挑战。然而,这些观念无助于促进中国的安全利益。在解决不同安全利益的矛盾方面,中国面临诸多挑战和机遇:对繁荣的追求与安全的维护、经济雄心的必然结果是成为世界最大的经济体、和平崛起与两岸统一和收复失地、外交政策指导思想面临困境。中欧之间的安全合作前景不容乐观。中国安全思维所面临的困境或矛盾,使欧洲面临三大不确定性:太平洋的紧张局势将如何发展?中国将如何捍卫其在新丝绸之路上的利益?太平洋的紧张局势将如何影响中国在欧亚非交汇处的行动?这些不确定性也给欧洲新增了两大战略选择:一是继续与中国在丝绸之路上合作与较量;二是把充满巨大挑战的欧亚非交汇处以及欧洲的近邻作为优先考虑的选项,并接受美国邀请,加入其重返太平洋地区的行动。虽然中国欲与丝绸之路另一端的欧盟建立有意义的合作,以便最终实现责任分担,但前路必将困难重重。     

High‐End Demand: The Legal Profession as a Source of Judicial Selection Reform in Urban China

Most studies of comparative judicial politics suggest that judicial autonomy emerges from democratic competition, but despite its authoritarian political system, China has introduced reforms that increase merit‐based competition, transparency, and modest professional autonomy in local courts. Variations in judicial selection procedures across urban China reflect differences in local markets for professional legal services: when mid‐ranking judges can easily find lucrative local employment as lawyers, court leaders strategically reform appointment and promotion mechanisms to retain these young, but experienced, judges. These findings are based on nearly fifteen months of in‐country fieldwork, conducted between 2012 and 2014, including forty‐nine interviews with judges across three different cities: Shanghai, Shenzhen, and Chengdu. Employing the subnational comparative method, this article not only builds theory regarding the legal profession's role in authoritarian states, but also offers new empirical detail regarding the selection, performance evaluation, and behavior of judges in urban China.     

Involuntary outpatient treatment as “desintitutionalized coercion”: The net-widening concerns

In American jurisprudence, two justifications have traditionally been put forth to support the government's social control of persons with mental illness: police power and parens patriae. As public mental hospitals became less available as loci in which to exercise these functions, governments sought alternative means to achieve the same ends. One prominent but quite controversial means is involuntary outpatient treatment (IOT). While the concerns about IOT have been myriad, one often alluded to but never documented is that of “net-widening.” That is, once IOT became available, it would be applied to an ever greater number of individuals, progressively expanding the margins of the designated population to whom it is applied, despite the formal standard for its application remaining constant. We tested the net-widening belief in a naturalistic experiment in Massachusetts. We found that net-widening did not occur, despite an environment strongly conducive to that expansion. At this time, whatever the arguments against IOT might be, net-widening should not be one of them.     

Righting Domestic Violence

For too long human rights have been used to support a legalapproach to domestic violence which is non-interventionist.This article discusses the ways in which human rights can beused to compel an approach to cases of domestic violence whichrequires state action to protect those harmed by domestic abuse.It argues that the state has an obligation to protect its citizensfrom torture, inhuman and degrading treatment and this obligationis heightened in respect of vulnerable adults and particularlychildren. Further, correctly understood, rights to respect forprivate and family life, rather than being a barrier to stateintervention can be seen as justifying it.     

Comparative proportionality review: A nationwide examination of reversed death sentences

A required part of the appellate review of death sentences in many capital punishment jurisdictions is comparative proportionality review. This procedure requires the court to compare the death sentence under review with sentences in similar cases to determine whether it is excessive. This article examines those death sentences from across the country that have been reversed on comparative proportionality grounds. Relatively few death sentences have been reversed on these grounds, and the number of reversals is decreasing. The reviews that reverse sentences infrequently compare only to other death sentences, commonly use a method that requires more than a mere common aggravating factor for selecting comparison cases, and rarely use the frequency method of comparative proportionality review.     

The use of simulation in criminal justice policy evaluation

The criminal justice system is administered at the local level by many independent agencies and departments, often without regard to each other's objectives and often at the expense of overall effectiveness. This study has attempted to relate the primary system goal of crime control to a set of policy alternatives distributed over each criminal justice sector. Specifically, a simulation model based on the techniques of “industrial dynamics” was developed to evaluate combinations of the following policies: speedy trial, no plea bargaining, and restricted bail. Data obtained from the District of Columbia's criminal justice agencies were used to validate the model. The results of the analysis indicate that the system is basically insensitive to small perturbations, but is susceptible to disruption from large changes in input and procedure. Under the given set of assumptions, continuation of current practices will lead to a gradual deterioration in performance that can only be stemmed by large expenditures on manpower and facilities.