The More,the Merrier? Interest Groups and Legislative Change in the Public Hearings of the German Parliamentary Committees

The article examines the impact of organised interests on the passage of legislation in the German Bundestag through an empirical analysis of the position papers presented in the public hearings of its standing committees in 2011. These committees are the most important forums to revise legislative proposals. Drawing on resource dependency theory, we employ GLM regression analyses to study if interest groups act as change agents that bring legislation closer to their own policy preferences. Controlling for institutional and bill characteristics, we discuss two major findings that shed light on the role of interest groups in legislation. First, business groups' opposition to government bills triggers legislative changes because their members control the means of production and make investment decisions. In contrast, fundamental opposition of non-business groups has no impact. Second, bills debated and opposed by a greater number of interest groups undergo more changes pointing to the importance of the density of interest groups and balance of opinions on a proposal.     

Afghanistan’s Taliban – Legitimate Jihadists or Coercive Extremists?

ABSTRACT

The military intervention in Afghanistan in 2001 was portrayed as a fight to oust the extremist Taliban. But the Taliban have long been regaining influence, with the military victory of the Afghan government and its foreign allies now seeming less likely than ever. In light of these developments, this article investigates what the affected people – rather than the foreign interveners – think about the Taliban, and whether they perceive them as coercive or legitimate. Building on a conceptual understanding of legitimacy that has been adjusted to the dynamics of conflict-torn spaces, the article suggests that people judge the Taliban on the basis of how their day-to-day behaviour is perceived. While the Taliban are a coercive threat in urban centres and other areas where they launch attacks, they nonetheless manage to construct legitimacy in some of the places which they control or can access easily. A major source of their legitimacy in these areas is the way in which they provide services – such as conflict resolution – which some people consider to be faster and fairer than the state’s practices.     

Der vernünftige Grund zur Tötung eines Tieres am Beispiel der Dachsjagd – 17 Nr. 1 TierSchG im Lichte des Art. 20a GG und des Allgemeinen Teils des StGB

Natur und Recht - Über Jahrhunderte hinweg konnte die Jagd von den Jagdausübungsberechtigten zum sog. Jagdvergnügen, zum Zeitvertreib oder auch zum bloßen Beweis eigenen...     

A note on the optimality of (even more) incomplete strict liability

This paper starts from the premise that liability is incomplete and establishes that firms may nevertheless invest excessively in care. This may justify a (further) reduction in the level of liability from a social standpoint, thereby arguing against seeking to approach full compensation as close as possible. In our framework, firms are liable under product liability, but also invest in care to prevent consumers’ switching to competitors. Affecting the partition of consumers by means of care-taking is not desirable from a social standpoint. Consequently, it may be optimal to reduce liability below a given level of incomplete compensation in order to adjust firms’ care incentives.     

The Sichuan Earthquake and the Heavenly Mandate: legitimizing Chinese rule through disaster discourse

In the aftermath of the 2008 Sichuan earthquake, the Chinese authorities launched a major public relations campaign to relay positive images of their relief effort and strengthen their political legitimacy. The effect has been a proliferation of symbols and political statements related to the disaster, not only in the official media, but also in cultural products such as movies or mass-media events. The earthquake has become part of the discourse of suffering, struggle, solidarity and ultimately victory. This article examines the ways in which various cultural products present the Sichuan earthquake and asks what meanings national crises have in the Chinese discourse on political legitimacy. The article analyses two cases: Chinese film, here in the form of Feng Xiaogang's blockbuster Aftershock, and performance-based discourses during the Beijing Olympics, the PRC's 60-Year Anniversary and the Shanghai Expo. By conducting a discourse analysis, we show how the earthquake has become part of a recurring discursive formation that is used by state and non-state actors alike to legitimate China's developmental model. Within this discourse, the leadership of the Party, the mastery of free markets and a revamped version of the Confucian idea of benevolent rule are marshaled as the decisive factors for winning any ‘battle’.     

Populism on Difficult Terrain: The Right- and Left-Wing Challenger Parties in the Federal Republic of Germany

Right-wing populist parties in Germany were unable to benefit from the success of their counterparts in neighbouring Western European states from the mid-1980s. Despite this failure, there were several attempts to establish such a party in Germany. Even the ‘centre’ of the political spectrum attempted to approach populist structures and content, and this was especially true of the FDP during the 2002 parliamentary election campaign. After a discussion of the term ‘populism’, we analyse the different parties' opportunities, political proposals and the reasons why they ultimately failed. We then examine the recently founded party ‘The Left’ as a case of left-wing populism, a rarely discussed topic, and we pay particular attention to the development of the leftist alliance between PDS and WASG. Finally, we discuss whether a leftist populist grouping could, perhaps, have better prospects for success in the German party system than a right-wing populist party.     

Citizenship gone wrong

This paper examines how and why a deliberate enactment of the state got out of control. It does so by outlining three phases of border management in Tusheti, a highland province of post-Soviet Georgia. In the first phase, control was directly exercised by the local population. At the same time, border transgression for economic and political purposes was encouraged. A second phase of border management was triggered by the Chechen war in the mid-1990s. In order to discredit claims that Chechen ‘terrorists’ were hiding in Georgian territory, the Georgian government, monitored by the Organisation for Security and Co-operation in Europe, effectively brought border transgression to a standstill. Finally, a third phase was initiated by a mission of the Georgian Orthodox Church sent to Tusheti with the aim of ‘spiritual fortification’. In the end, despite their courageous civic engagement, the locals had fewer entitlements than before. In order to explain what went wrong, I reflect on the downside of performing and incorporating the state and elaborate three different models of citizenship enacted by the key players in each distinct period. Finally, I argue for a temporalisation and hence deconstruction of the notion of ‘post-socialism’.