Harm and Wrongdoing in Criminalisation Theory

Contemporary theories of criminalisation address, with varying emphasis, themes concerning the harmfulness and the wrongfulness of the conduct. In his article for the present issue, Antony Duff relies chiefly on notions of wrongfulness as the basis for his proposed criminalisation doctrines; whereas in their 2011 volume on criminalisation, Andrew Simester and Andreas von Hirsch invoke both wrongfulness and harmfulness as prerequisites for prohibiting conduct. The present article assesses the comparative merits of these approaches, and argues in favour of the latter, two-element perspective. In this article, the author puts forward a number of reasons suggesting why the two-element approach (of wrongfulness and harm) is preferable. These reasons include, firstly, an inductive argument—that the kinds of wrongful conduct for which criminalisation seems a plausible response are those that include an element of harm or risk of harm. Secondly, a defining role for the state is one of resource-protection: of safeguarding the means and resources through which citizens can live good lives. Thus the concept of citizens’ living resources—and the related conception of harm—should be made a constitutive and explicit element of criminalisation theory, rather than subsuming resource-protection under a general rubric of wrongfulness. Thirdly, a two-element approach provides reciprocal limiting principles concerning the scope of criminalisation. One can, for example, employ wrongfulness requirements to limit the criminalisation of conduct that has remote harmful consequences; and, conversely, use a harmfulness requirement as means for restricting the criminalisation of wrongful acts.     

Ethnic Identity and the Nation?CState in the Era of Globalization: the Case of Cyprus

This paper addresses the philosophical question whether the nation?Cstate will be entering a final phase of demise or whether it will continue to prosper within the framework of the era of regional blocs and globalization. In order to do so, we briefly put forward some theoretical premises in relation to the nation?Cstate and globalization and how they have affected each other. This discussion also draws from the recent experiences of the international economic crisis and how the EU reacted in relation to the serious economic crisis of Greece. We also assess the case of Cyprus within the framework of this discussion. The question raised in relation to Cyprus is whether there can be an integrated society that encourages a particular common value system and also respects the ethnic identity of citizens and communities. A major question is whether the EU can offer the framework for such an outcome.     

Agilität als Chance für einen neuen Anlauf zum demokratischen Unternehmen?

There has been a long-standing discussion since the 1980s about the question whether new production models harbor a potential for extended employee participation and involvement, in most cases with disillusioning results. This paper is concerned with so called “agile methods”, which play an important part in the area of knowledge work in the course of the digital transformation. On the basis of two case studies from software development and industrial R&D, the paper examines the concrete implementation of these methods and the employees’ perspective upon them and their consequences. The result is that agile methods present a potential for extended employee participation and involvement; however, the realization of this potential depends on the concrete way how the agile concept of “empowerment” is implemented.     

Communicating authoritarian elite cohesion

In this paper, we develop a theoretical framework to analyse the communicative imperatives authoritarian regimes face as a consequence of their self-inflicted opacities. The most important facts about the actors and factors that sustain authoritarian rule are unobservable. To demonstrate their power, authoritarian rulers have to render them visible. They have to dramatize their power and present on the front stage what they want people to know about the backstage of authoritarian politics. We conceptualize the communicative strategies of authoritarian rulers with a focus on the primary existential threats they face: the lateral threats that emanate from within the authoritarian elite. We illustrate dictators’ communicative repertoire with empirical material from communist Cuba from 2006 to 2011, during the critical juncture of leadership transition from Fidel Castro to his brother Raúl.