Americans and their sexual partners

Andrew M. Greeley is a priest, sociologist, novelist, and journalist. His scholarly writings concentrate on religion and ethnicity. His other writings range from critiques of the Catholic church to best-selling novels.     

Legal advice in criminal proceedings in the Federal Republic of Germany

Conclusion Certain components of the British system of legal aid, especially the duty solicitor scheme, could beneficially be introduced in modified form into German criminal procedure. Conversely, some points of German law could benefit the British system, such as less rigid adherence to the autonomy principle. With the increasing integration of the European states, and particularly the abolition of internal border controls, it is time to think closely not only about harmonizing the economic structures of the European Community member states but also about creating human rights protections at the Community level, which is inextricably connected to access to competent legal advice in criminal proceedings.This article is a revised version of a lecture given at the Exeter University Centre for Legal and Interdisciplinary Development (EUCLID) seminar at Exeter University, Exeter, England, February 22, 1990, as part of my doctoral research project on the implementation of a duty solicitor scheme in German criminal procedure.I should especially like to thank Josephine Shaw, Lecturer in Law at Keele University and former Acting Director of EUCLID at Exeter University, for proof-reading the first draft and for supporting my research project. I am also grateful to Mervyn Bennun and Kim Economides for their helpful comments when I gave this lecture.Juristisches Staatsexamen, Universität des Saarlandes 1986; Honorary Research Fellow, University of Exeter 1989–1990; Assessor iur., Justizprüfungsamt des Saarlandes 1991; Doctor of Law, Universität des Saarlandes 1992; former Assistant to the Chair of Criminal Law, Criminal Procedure, Criminology, and Comparative Criminal Law, Universität des Saarlandes 1987–1991.     

Natural Law and the Bhagavad-Gita: The Vedic Concept of Natural Law

Abstract. Western natural law theory emphasises the derivation of principles of right action said to be universal and objective from the application of practical reasonableness to the pursuit of basic human goods that are self‐evident or based on human nature. Critics say its methodology is inherently subjective. In contrast, the Vedic approach to natural law of the Bhagavad‐Gita emphasises the full development of a universal aspect of human nature—consciousness—to promote right action. A healthy person with a developed intellect, clear mind, balanced emotions and full perception is best placed to fulfil his or her society's highest ideals of ethical and lawful conduct. The Vedic approach advocates a supportive social environment and the use of meditation techniques to promote such development. Research has found that the Transcendental Meditation (TM) program promotes improvement in mind, body and behaviour. For example, offenders in Australia, the United States and Senegal practising the technique experienced decreased substance abuse and recidivism and improved wellbeing. From a scientific perspective, TM promotes these improvements by producing a unique psychophysiological state of restful alertness that dissolves stress that blocks the unfoldment of full potential in life.     

Asian values revisited

  With Asia's economy still booming in the second half of the 1990's “Asian values” were announced by some politicians (Lee Kuan Yew, Mahatir, Ishihara, Mahbubani etc.) and contrasted with “Western values”. Soon a controversial debate within Asia ensued (Kim, Fidel Ramos ea..), into which also the western democracies joined. The “West” however reacted rather defensively to the new assertiveness of some Asian statesmen, inspite of the fact that the authors of this debate put into question the western dominance in global value setting which has been in existence since the French revolution. But has this debate withstood the test of time, the challenges posed by the recession in Asia and by the ever increasing globalization? Hardly. The crisis has destroyed the notion that “Asian values” had been the main cause and guarantor of Asia's exorbitant growth rates. While in the West Christianity forms the essential basics of culture, in Asia there is a multitude of coexisting - and frequently confronting world religions. There is no other continent which in cultural and political terms is so contradictory and potentially conflict ridden like Asia. “Asianism” as a concept was surely also intended as an instrument to integrate multiethnic Asian societies with weak internal cohesion. At the same time it served to neutralize the human rights issue. In the meantime the debate has become quieter and more dispassionate. In the developed West the notion gained acceptance to abandon “Eurocentrism”. At the same time there is recognition that “Asian values” are not exclusive. Also in Europe the family plays a special role. A debate on values is needed for societal integration – also in the “West” which should become more aware of the need to reassert the origins of its own spiritual foundations. Following September 11th the west is well advised to continue the dialogue on values with Asia. Update and expanded version of an article first published in: Au?enpolitik IV/1996, p. 326 “Beginnt das pazifische Jahrhundert?” I would like to thank Julia Prati for the translation of the updated and expanded version of this article     

Law enforcement information sharing: A Florida case study

Many attempts have been made over the last several decades to improve communication among law enforcement agencies. This article is a case study of a “low-level” data sharing project in Florida that could serve as a national model. The Florida Law Enforcement Data Sharing Consortium is a partnership between the University of Central Florida and more than one hundred law enforcement agencies. It offers an inexpensive, yet technically advanced alternative to the proprietary data sharing model. Its distributed architecture was endorsed by the Markle Foundation, the 9/11 Commission, and the 2004 National Security Act. Civil liberties concerns raised by this and other types of data sharing projects are discussed.     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.