Punitive Attitudes in Poland – The Development in the Last Years

Research results show that Poland’s population considers sentencing policies of courts to be too lenient, and represents often even extremely punitive attitudes. This punitiveness may have increased in recent years. For instance, results of surveys on attitudes towards the death penalty show widespread support for that kind of sanction, in recent years higher than under the communist regime. On the other hand, answers to the ICVS item regarding punitivity (asked in Poland five times) do not necessarily show Poles being extremely punitive against the background of other countries. With respect to those proposing imprisonment, Poland is among average countries, although duration of this imprisonment is above the average, especially for Europe. All this may indicate that attitudes towards punishment of offenders constitute a complicated issue. This is confirmed by the results of recent research confirming that there is a gap between abstract declarations about support for the death penalty and punishment proposed in more concrete cases. This research confirmed that there is a substantial majority of those supporting the death penalty in abstract terms. However, only in one sweep (out of three) and in one of five homicide cases respondents were confronted with, there was a majority supporting actual imposition of the death penalty. The fact that Poles are not necessarily always unusually punitive may be also confirmed by a rather broad support for mediation and restitution as a way of reacting to offences.     

The EU or France? The CSDP Mission in Mali the Consistency of the EU Africa policy

The EU’s role in the recent Mali crisis offers a good opportunity to assess the consistency of the EU’s Africa [Africa as used here refers to Sub-Saharan Africa (SSA)—the region of the EU’s most extensive external policy] policy in the post-Lisbon era. Against the background of the EU’s external policy objectives with special reference to SSA, this Article will particularly offer a comprehensive overview of the legal and policy dynamics of the EU’s Common Security and Defence Policy (CSDP). This will be discussed especially with reference to how they relate to (in)consistency in implementation as illustrated in the EU’s role in the recent Mali crisis. Although the EU initially made a decision to deploy an EU Training Mission to Mali, the EU did not activate the peacekeeping dimension of the CSDP as required at an advanced stage of the crisis. Instead, this gap was filled by France’s unilateral military intervention in Mali. The EU’s inertia in this regard raises the question of the consistency of its external policy instruments and policy objectives towards the region. Without excluding other possible contributing factors, the analysis submits that the ‘partial’ activation of the CSDP in Mali is mainly attributable to the constitutional specificity of the CSDP especially its lack of permanent and planning conduct structures. In any event, it is argued that these do not render the EU’s role in Mali less inconsistent both in the light of the relevant EU external policy instruments and objectives towards SSA in general, and in the light of the CSDP objectives in particular. In general, the Article uses Mali as a case study to illustrate the extent and therefore the limits of the consistency of the EU’s CSDP and its overall policy towards SSA especially post-Lisbon. Whilst acknowledging the current limits of the law in this context, the Article nevertheless argues that the dire implications of inconsistency for the effectiveness of the EU’s policies and for the credibility of the Union make a search for practical, if not legal solutions, a political imperative. This is necessary especially if the EU wants to protect or indeed rebuild its credibility as an international actor in general, and as an effective partner for crisis management in SSA, in particular [The EU’s credibility in much of the African Caribbean and Pacific states, especially SSA is reportedly already at an all-time low (Mackie J et al. in Policy Manag Insights ECDPM 2, 2010)].     

The Role of Fear (Bhaya) in the Nikāyas and in the Abhidhamma

According to Buddhist soteriology, fear is a direct cause of suffering and one of the main obstacles in the path to liberation. Pāli Suttas and Abhidhamma present a number of sophisticated strategies to deal with fear and to overcome it. Nevertheless, in the Nikāyas and in the Abhidhamma there are also consistent instructions about implementing fear in meditative practices and considering it as a valuable ally in the pursuit of nibbāna By means of a lexicographical study of selected passages and especially of two compounds (bhayūparata and abhayūparata), this paper demonstrates that fear may have the crucial function of stimulating the meditator: through reiterated admonishments and reflections that evoke a feeling of dread, the meditator gets weary of unwholesome patterns and is prompted to put effort in his/her own practice. Evidence proves that this set of instructions is ultimately consistent with the several teachings that emphasize the importance of counteracting fear and fostering fearlessness, which is described as a quality of liberation as well as an attitude to be cultivated. In fact, a close analysis of the dynamics involved in bhaya (fear) and abhaya (fearlessness) as graphically depicted in the Nikāyas and in the Abhidhamma texts, reveals that stirring fear and letting go of fear are two essential steps of the same process.     

The European Union in global environmental governance: Leadership in the making?

For well over a decade, the European Union (EU) has proclaimed its leadership role in global environmental governance (GEG). In this article, we examine both the nature of its leadership and the underlying conditions for ‘actorness’ upon which leadership must depend. The EU’s record in the global conferences as well as its influence on the reform of the Commission on Sustainable Development (CSD) and the United Nations Environment Programme (UNEP) are also investigated. We argue that the EU has frequently sought to shape international environmental negotiations and promote sustainable development as an organising principle of global governance. Despite its inadequate status at the UN and internal problems, it has had a significant effect on the global agenda. However, due to persistent diplomatic opposition from other coalitions, its real, directly visible influence has been more modest. For genuine directional leadership, which goes beyond the defence of self-interest, the Union will have to make internal policy coherence a greater priority. Moreover, apart from relying solely on its weighty presence in the international system or its potential capabilities, the EU needs to achieve a high level of credibility in order to enhance its powers of persuasion.

The Jewish population and family in the Polish–Lithuanian Commonwealth in the second half of the 18th century

The sources that can be employed to examine demographic aspects of the Jewish population and family in 18th-century Poland–Lithuania are sparse and mostly fiscal in origin. Since this source material has been preserved only for some periods and regions, few generalizations can be made. First, the authors have referred to the most comprehensive census that was carried out in 1791 by household in Cracow province (województwo krakowskie). It does not allow for detailed family reconstitution, however. Although extended/multiple family households might have been fairly common, the two-generational conjugal family unit seems to have prevailed, and no more than four nuclear families lived in one house. In addition, the age at first marriage was influenced only to a limited extent by the traditional practice of early marriage.     

The Situation in Libya and the ICC’s Understanding of Complementarity in the Context of UNSC-Referred Cases

The PTCI’s decision on the admissibility of the case against Saif Al-Islam Gaddafi and the subsequent AC Judgement are the first expressions of the ICC’s understanding of complementarity in Article 13(b) cases. Admissibility decisions display how the ICC attempts to strike the balance between international justice and states’ right to exercise their territorial criminal jurisdiction. In relation to cases triggered by UNSC referrals, these decisions also mark the delicate moment in which the ICC’s interaction with the politics UNSC is unveiled. In the case against Saif Al-Islam Gaddafi the ICC seems to have taken deferent approach toward the highly authoritative mechanism that triggered the case. Legally speaking, these decisions might appear as a missed opportunity. They fail to provide a conclusive clarification of the parameters of the ‘same case’ test. First, the AC did not subscribe to the offence-specific interpretation of the ‘same conduct’ test embraced previously by PTCI and, in the name of consistency with the Court’s previous case law, reverted to the incident-specific approach adopted in Lubanga. However, the case-by-case approach adopted by the AC undermines the legal certainty that the AC meant to achieve in the definition of the admissibility test. Moreover, the AC has failed to appraise the PTCI’s conclusion that domestic implementation of international crimes is not necessary for the purposes of successfully challenging the admissibility of a case. Finally, in light of the constraints imposed by Article 17(2) on the relevance of due process violations, the PTCI’s decision to reject on the grounds of ‘inability’ as opposed to ‘unwillingness’, which again the AC did not consider, could be seen as evidence of a deferent stance toward the UNSC.     

The bones in the Abbey: are they the murdered princes? A review of the evidence

In 1674, the skeletons of two children were found in the Tower of London. They were believed to represent the remains of the "Princes in the Tower" (who had disappeared in 1483), and were reinterred as such in Westminster Abbey. Popular belief and conventional historical tradition held that the princes had been murdered by their uncle, King Richard III, to clear his path to the throne. In 1933, the bones in the Abbey were disinterred and examined, with the conclusion that they were indeed those of the princes. One skull was also thought to show evidence of death by suffocation, supporting another feature of popular legend. Later reviews of the investigation, however, revealed significant errors and omissions. This report summarizes the inconsistencies present in the scientific record and suggests that reexamination of the remains with improved techniques in both carbon dating and forensic science would provide a much more accurate analysis, thus helping to clarify the historical record.     

Is the doctor in? The evolving role of organized medicine in health policy

Until recently, physicians were viewed as the dominant player in health policy. Now, however, they compete with many other effective interest groups. This article analyzes this changing role, and specifically how organized medicine has changed its approach to influencing health policy. The essay begins with a review of the reasons for the growth and subsequent decline of physicians' influence. This is followed by a case study of physician payment reform under Medicare, which illustrates the ways in which organized medicine chooses when and when not to cooperate with government. The article concludes with a discussion of where physicians are likely to continue to be influential in future health policy reform. Three such areas are noted: payment policy, quality and clinical innovation, and medical education and training.     

The More the Merrier? Hungarian and Romany Minorities in Slovakia

This article discusses some important aspects of thetreatment of minorities in the Republic of Slovakia.It discusses the 1992 Constitution and subsequentdevelopments such as the State language law 1995, therestriction of political rights of Hungarians,educational policies, the setback of EU entry talks,the September 1998 general elections, the Dzurindagovernment's ``De-Meciarization', the 1999 MinorityLanguage Law, and recent electoral legislation. Thespecial condition of the Romany is considered. Theeffectiveness of international mechanisms for theprotection of minority rights (the Organisation forSecurity and Cooperation in Europe, the InternationalCovenant for Civil and Political Rights, the EuropeanConvention of Human Rights, the Framework Conventionfor the Protection of National Minorities) isassessed, as is the involvement of the EU. Finally,the role of the judiciary is reflected upon.     

The role of justice in the North–South conflict in climate change: the case of negotiations on the Adaptation Fund

Justice, by and large, implies greater legitimacy and can persuade parties with conflicting interests to cooperate more closely on collective actions. Therefore, the aim of this article is to investigate the role that ethical arguments have played in restoring mutual trust between the developed and the developing countries in negotiations on the Kyoto Protocol Adaptation Fund and in transforming the patent failure of the Subsidiary Body for Implementation Bonn May 2006 meetings on its management into the encouraging success of the Nairobi December 2006 round. These meetings are analysed from the perspectives of procedural and distributive justice in order to interpret the negotiating dynamics and their outcomes. More specifically, procedural and distributive justice are, respectively, sought in the Bonn and Nairobi formal meetings through reference to, and the emergence of, principles and criteria of participation, recognition and distribution of power among Parties, and of Parties’ responsibility for, and vulnerability to, climate impacts.     

The CLSR-LSPI Seminar – ‘The future of privacy regulation in the online world’

The annual CLSR-LSPI Seminar (www.lspi.net) took place on 19 September 2011 at the Sixth Legal, Security & Privacy Issues in IT Conference (LSPI) at University of Nicosia, Cyprus. The event, led by Prof. Steve Saxby, Editor-in-Chief of CLSR, invited contributions from five legal specialists on a variety of current issues dealing with the future of privacy. A lively discussion took place amongst those present after each intervention. The reports of those who presented are recorded below.     

The crime of the century? The case for the Holocaust

With the twentieth century now ended the Holocaust is surelya leading contender for the title of ``The Crime of the Century.'Although a massive literature exists on the Holocaust, very littleof this literature has been produced by criminologists. Somereasons for this relative neglect are identified and a case ismade for the claim that criminology can contribute to anunderstanding of the Holocaust and that the Holocaust cancontribute to the development of a more profound criminology. Thispaper draws upon an integrative criminological approach toconstruct a framework for understanding the Holocaust. This multi-disciplinary framework links philosophical, sociolegal,sociological, behavioral and criminological dimensions todiscriminate between unique and non-unique aspects of the Holocaustas a case of genocide and as crime. The paper closes with someobservations on the relevance of the Holocaust for challengesconfronting a twenty-first century criminology.     

The Role of the People’s Armed Police in Chinese Policing

This study examines the role of the People’s Armed Police (PAP) in Chinese policing. While the PAP has been in existence for over five decades, very little research has paid attention to the critical position that the PAP occupies in Chinese policing. The history of the PAP between 1949 and 1982 was highlighted by a number of changes in name and a constant change of direct control between the military and the public security. The PAP experienced a great expansion and became more stabilized in organizational structure and missions after 1983. While it is part of China’s military forces, the PAP is currently involved in a wide variety of law enforcement, order maintenance, and service activities. Its law enforcement function is carried out chiefly through preventive patrol in urban areas. The most important order maintenance function shouldered by the PAP is the disposition of mass incidents, which have increased dramatically in number and size and have become better organized over the past two decades. The Chinese government also often mobilizes the PAP to undertake emergency rescue and disaster relief tasks. The PAP will continue to be a critical force in the Chinese police system. Its leaders as well as the government should seek ways to improve the legitimacy of the force.     

An MP's role in the internet Era – The impact of e-newsletters

The role of MPs changes over time. Commentators have identified five separate roles that an MP may carry out for which communication with constituents may be a key factor in determining the success of an MP. One of the latest, and currently underdeveloped, forms of direct political communication to constituents is e-newsletters from MPs. This article addresses how MPs are using their e-newsletter to help fulfil each of their parliamentary roles. A content analysis of the e-newsletters of seven MPs sent out regularly over a 1-year period from April 2003 to March 2004 was conducted. The data found that e-newsletters best helped fulfil both the political and non-political aspects of the constituency role. However, the article concludes that e-newsletter communication is primarily one-way, but that if it was two-way it might help MPs in all of their roles.     

What’s the Party Like? The Status of the Political Party in Anti-Defection Jurisdictions

Law and Philosophy - This paper explores how political parties should be regulated in jurisdictions with anti-defection laws, which constitutionalise parties’ control over the legislative...     

Wisdom or Indifference? The Principles of Representative Government in the Eyes of the French Voters

This contribution attempts to assess qualitatively the current views of ordinary French citizens about political representation in general and their MPs in particular. In contrast to the Tocquevillian idea of an unequivocal egalitarian claim rising from the people, the results of the present study support the view that citizens tend to adopt both democratic and aristocratic principles in their perceptions of political representation. General support for the electoral procedure captures such ambiguity as elections are not only legitimate on democratic grounds (the egalitarian civic participation) but also on aristocratic grounds (the selection of the best). This study follows an original method involving analysis of discussions from 11 focus groups within French constituencies in 2010–11. The results of an experimental design comparing various kinds of elected position (parents' representatives, workers' representatives, MPs and the President of the Republic) are presented and discussed.     

The Last Word in Court—A Hidden Disadvantage for the Defense

In the legal systems of most western countries, defense attorneys present their sentencing recommendation after the prosecution has presented its sentencing demands. This procedural sequence for criminal cases is intended to balance the impact of both parties on the judge's final decision. Especially the positioning of the defense's plea at the end of the trial follows the fundamental legal principle “in dubio pro reo.” Research on judgmental anchoring, however, suggests that the standard procedural sequence may in fact work against this principle. Consistent with this implication, the present studies demonstrate that the defense's sentencing recommendation is anchored on, and consequently assimilated toward, the preceding recommendation by the prosecution. This influence prevents the defense attorney from effectively counterbalancing the prosecutor's demand. Instead, the biased defense attorney's recommendation partially mediates the impact of the prosecutor's demand on the judge's decision. These findings suggest that the standard procedural sequence in court may place the defense at a distinct disadvantage.     

The Origins of ‘Alien Status’ in the English Common Law

In his 2001 monograph on Aliens in Medieval Law: The Origins of Modern Citizenship, Dr Keechang Kim suggested that there was no evidence before the late fourteenth century that birth beyond the sea made a person an alien. This article discusses a series of cases heard from the mid-thirteenth century onwards in which tenants pleaded the claimant's birth overseas by way of bar to hereditary claims to land and in which it seems to have been treated as a bar in itself, though one to which the king might grant special exemption. This seems to have remained the position until legislation of 1351 (triggered by doubts about the eligibility of two sons of Edward III born overseas to succeed to the throne) which not only confirmed their eligibility but also made the first general extension of the right to inherit to children born overseas to parents in the king's allegiance.