The Emotional Dimension in Legal Regulation

This article argues that the study of legal regulation can be further developed through an analysis of emotions because it can bring into sharper focus the social nature of regulation. The article illustrates this point by discussing the notion of regulatory law as an emotional process. It then suggests various ways in which an analysis of emotions can promote understanding of a key issue in legal regulation, the role of structure and agency. The article concludes with a brief discussion of how existing social science research methods can be adapted to the study of emotions.     

The modern holy shroud

Testimonies disclosed that a 44-year-old pedestrian was struck head-on by a truck while she was roaming on the motorway; at the time of collision, the truck was travelling at a speed of about 90 km/h. In the second phase of the collision, the pedestrian was projected about 100 m before her body was run over by the truck and then by a car. The autopsy revealed extensive mutilations, making it impossible to verify the testimonies of witnesses to the collision as regards the pedestrian's position at the moment of the first impact. However, the reports produced by the technical expert and the forensic pathologist were able to confirm the testimonies, based on an impact zone on the front panel of the cab of the truck, where part of the pedestrian's face was reproduced like a "modern holy shroud".     

Enhancing the clean development mechanism through sectoral approaches: definitions, applications and ways forward

Grave concerns with the Clean Development Mechanism (CDM) have increasingly surfaced in the international climate policy arena. The sectoral approaches described in this paper may be a way to address some of the shortcomings of this Kyoto mechanism. The paper outlines the criticisms that have been raised against the CDM as well as the conflicting interpretations of a sectoral approach and examines in how far it might resolve the mechanism’s perceived shortcomings. Furthermore, it outlines issues that need to be resolved when implementing a sectoral approach: distributing costs and benefits, defining the sector and its baseline, ensuring additionality and tackling procedural issues. A sectoral approach can enable countries to guide their structural development but it also opens up a gap between public and private investment that needs to be addressed before conflicts arise. Sectoral CDM activities may be able to lower transaction costs for projects that otherwise cannot compete in the CDM market and might even pave the way to sectoral greenhouse gas limitation targets in developing countries by establishing the necessary infrastructure for data collection. However, a sectoral CDM cannot be mistaken for a panacea. Some of the mechanism’s problems remain, which highlights the need to establish additional instruments to support Southern countries in furthering sustainable development and embarking on a low-emission trajectory.

Europäische Identifikation im Spannungsfeld regionaler und nationaler Identitäten. Theoretische Überlegungen und empirische Befunde

In contrast to the latest steps towards deeper integration of the European Union in structural terms, the development of an European identification seems to stagnate, whereas at the same time national identities persistently maintain their position and regional identities seem to gain more and more ground in some EU member states. Thus the idea of an “European Nation” has been replaced by other concepts as for example “Europe of Nations” or “Europe of Regions”. Also, the argument of a democratic dilemma of the EU has experienced new actuality. The article is interested in the relationships between regional, national and european identification. Three different heuristic models (concurrence-, concordance-, and sandwich-model) are discussed. Analyses on the basis of Eurobarometer-surveys show strong relationships of the identification to the situative context and to satisfaction with democracy. This is interpreted as a need for a less ambiguous EU-policy concerning the role of the nation and the EU and a need for a democratization of the EU, in order to develop a more stable and democratic European identity.     

Female criminals—It's not always the offender!

Numerous crimes (including murder), all having a common denominator, occurred in Germany and Austria between 1993 and 2009. All of these cases presented with identical female DNA traces being found at the crime scene. The crimes committed differed markedly, as did the suspects involved, which were of varied origin. Many of these cases could be solved. However, none of the suspects could identify an involved female. Fourteen of these cases (including one murder) occurred in Upper Austria.A special task force of the Austrian police, together with the Institute of Legal Medicine in Salzburg, began systematically searching for errors in the investigative process after the cases became more and more incoherent and nebulous. In the end, the DNA trace evidence was shown to be contaminated. A woman involved in the manufacture of the cotton swabs turned out to be the source of the female DNA profile.Following this, several products of other manufacturers were tested for contamination with DNA. It was noted that cotton swabs which had been sterilised with radiation were often contaminated. As a result, it is recommended that the manufacturing process, as well as the products themselves used in collection of DNA trace evidence, should be re-evaluated with the emphasis on preventing contamination.