Locating extra-legal activities of the modern state in legal-political theory: Weber,Habermas, Kelsen,Schmitt and Turk

This article is concerned with deviations from legal functioning of the modern state, which is supposedly grounded on legal structure, but may conduct extra-legal activities. In this article, special focus is directed to certain extra-legal activities of the following modern states: the Susurluk Affair in Turkey, the Iran-Contra Affairs of the USA, GAL in Spain, the Gibraltar Killings committed by UK soldiers, and enforced disappearances in Argentina. These cases are interpreted from the points of view of Max Weber’s and Jürgen Habermas’s theories of the rule of law, Hans Kelsen’s legal positivism, Carl Schmitt’s theories of the political and sovereignty, and Austin Turk’s theory of political criminality. Our purpose, then, is to evaluate these theories vis-à-vis the cases of extra-legal activities of the state.

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Interactional Aspects of Intimate Partner Violence Result in Different Help-Seeking Behaviors in a Representative Sample of Women

This article reports a study of the possible impact of sociodemographic and interactional aspects of intimate partner violence (IPV) on help-seeking behavior. Do different sociodemographic groups of IPV survivors use different professional supports and treatments? Do different professional support and treatment agencies come predominantly in contact with women who have been subjected to different characteristics of IPV? Do different interactional IPV variables predict whether IPV victims contact the police, a family doctor, or a psychologist or psychiatrist? A representative sample of 157 women recruited from family counseling, the police, and shelters in Norway was interviewed. Three of seven sociodemographic variables showed statistically significant differences among the recruitment groups. No significant differences in characteristics of IPV were found among the recruitment groups. However, there were significant differences between the main categories (physical, psychological, and sexual) of IPV and interactional IPV factors concerning help-seeking. Our findings indicate that the help-seeking of IPV survivors is differentiated and interaction-specific and that they respond adequately to the different interactional consequences of IPV.     

Identification of acepromazine in hair: an illustration of the difficulties encountered in investigating drug-facilitated crimes

After a drug-facilitated sexual assault (DFSA), a woman was found in a drowsy state at home. She remembered having drunk an unknown beverage by the accused. Blood samples (collected 8 hours after the DFSA), two glasses, and a teaspoon seized by the police were analyzed. Acepromazine, a phenothiazine tranquilizer used in human and veterinary medicine, was detected in the residue of one of the glasses. In spite of acepromazine absence in the victim's blood, the possible use of acepromazine in the DFSA was reported to the police. Two weeks later, a suspect admitted having orally administered acepromazine to the victim. Using a liquid chromatography-tandem mass spectrometry method, this compound was subsequently detected (31 pg/mg) in a sample of the victim's hair collected a month and a half after the DFSA. A potential short elimination half-life in humans and/or the well-known in vitro degradation of acepromazine could explain the negative blood result. DFSA toxicological investigations are challenging and can be complicated when a rather unusual substance is concerned. In particular, special care should be taken when interpreting the results, taking into account elimination and/or instability data, when available.     

Magnetic law: Designing environmental enforcement laws to encourage us to go further

The European Union has some of the world's most ambitious and highly developed environmental laws on its books, but their effectiveness is severely compromised by non-compliance. With the UNECE Aarhus Convention (1998), Europe launched an innovative legal experiment, democratizing environmental enforcement by conferring third party citizens and environmental non-governmental organizations (ENGOs) with legal rights of access to environmental information, public participation, and access to justice in environmental matters. Based on some 2000 surveys and over 150 interviews with stakeholders from three Member States – France, Ireland, and the Netherlands – we adopt a holistic, 360° perspective, capturing the views of regulated parties, NGOs, and the general public on this private governance experiment. Our data provide important new insights into the practical effectiveness of Europe's laws enabling private environmental enforcement, its (intended and unintended) effects on farmers' compliance decisions in the vital area of nature conservation, and how law might be used to stimulate pro-environmental predispositions.     

Chemical Imaging of Human Fingermark by X-ray Photoelectron Spectroscopy (XPS)

X-ray photoelectron spectroscopy (XPS) is a widely used technique to characterize the surface chemistry of materials. It plays a crucial role in accessing qualitative and quantitative information and in detecting the presence of chemical functional groups on the surface of any material. The forensic methods available to detect and identify elements and organic/inorganic compounds are often destructive, so evidence cannot be re-analyzed. However, XPS allows rapid analysis of samples without damaging them. Recently, an increasing number of forensic researchers have begun to study certain chemical information on fingermarks. In this study, the authors aimed to present the applicability and power of XPS imaging in fingermark analysis which can also provide specific information about the fingermark chemical composition. Herein, monochromated X-ray (Al Kα) spot size was fixed at 50 μm. XPS mapping resulted in the acquisition of spectra at each pixel, in an array of 41 × 30 pixels with a step size of 50 μm. Then, a simple discussion has been made about how the scanned surface spectrum and basic snapshot spectra are used to identify different components at a fingertip of a scanned surface area (~3 mm²). Hence, a fingermark pattern contaminated with caffeine, TiO₂, and Pb/PbO deposited on the silicon wafer can be chemically mapped and visualized by XPS using principal component analysis (PCA). Thus, the present study showed the possible applicability of XPS for the identification of illicit drugs of abuse, gunshot residue, and skin care products on latent fingermark by mimicking a crime scene evidence.     

Les dockers dakarois. L’organisation du travail dans un port ouest-africain, 1910–1990s

This paper deals with the long-term evolution of dock labor in Dakar. Through the utilization of archival sources and their analysis, this investigation explores the changes that occurred in this sector and primarily the reform plan developed during the world wars but that was never introduced into the labor regulations, mainly due to the colonial regime. In addition, this paper studies the legal changes since the 1970s when the dockers’ statute was settled. Furthermore, this research uses oral testimony from retired Senegalese dockers to study the way these workers observed these structural changes. It is the first time that this topic has been explored for the port of Dakar from a historical long-term perspective.     

The elephant in the room: offshore companies,liberalisation and extension of presidential power in DR Congo

In the Democratic Republic of Congo, donors promoted rapid liberalisation and presidential elections in the aftermath of the war, and after two terms, President Kabila has not left office. This article engages with the question of how liberalisation and elections are connected, and how they are related to the extension of presidential power. It finds that the international market for minerals has shaped the domestic political economy but its nature has effectively been ignored in the formulation of donor policy; efforts at regulating trade have been concentrated on due diligence of origin in Congo but have not addressed the secrecy of international trade. Liberalisation has removed control of economic resources from Congo, provided returns for elite politicians and funded violence to control the disenfranchised population. The offshore companies are the elephant in the room; without acknowledging them, analysis of the liberalisation and its interaction with presidential tenure lacks assessment of the opportunities, interests and power that shaped the processes.     

Clientelism and polarized voting: empirical evidence

One must take country-specific institutional features into account when analyzing former communist countries’ transformation process to new political institutions. We do so for post-communist Albania, where the regional and cultural polarization that has existed for centuries has evolved to clientelism in the new democracy. We show how clientelistic parties give rise to very particular voting patterns. These reveal major differences across regions not only in party choice but also in voters’ responses to government policies. These responses depend on the party in government and on the region concerned. This is in sharp contrast with results obtained when applying the same model to a large number of more advanced democracies with similar electoral institutions. A proper evaluation of democratization in Albania thus requires looking beyond the formal institutions governing elections and taking clientelism and its effect on voter behavior into account.     

Deliberation and Complexity of Thinking. Using the Integrative Complexity Scale to Assess the Deliberative Quality of Minipublics

The quality of deliberative conversations are dependent on citizens compliance with deliberative norms yet there is a lack of methods to assess norm compliance in discussions. Here, the psychological construct of complexity of thinking is claimed to conceptually correspond to the deliberative conversational ideal and adopted as a measurement of deliberative norm compliance. The hypothesis that citizens' complexity of thinking increases as a result of participation in deliberative conversations was tested in a minipublic case study in Sweden. Participants' complexity of thinking was assessed before and after deliberation by responding to an open‐ended question about the topic of debate. Manual coding was used to rate participants integrative complexity. The result confirms the hypothesis, which serves as an indicator of deliberative quality. The study also demonstrates that women get higher increases in complexity, as do highly agreeable individuals and those who hold more liberal views. The findings demonstrate the potential usefulness of integrative complexity as a measurement of deliberative quality.