Principles of European Private or Civil Law?

The aim of this piece is to draw the attention of the debate on principles in European private law to an institutional question. As the question of who detects these principles is crucial to understand the values and intentions behind the provisions on principles, I turn to the significance of the authority question of who detects principles of European Private law with regard to the two players ECJ and the academic circle ‘Joint Network on European law'. After analysing the role of these players I will ask whether private law principles (which are principles derived from the analysis of contractual relationships by academics) or principles of civil law (derived from conflict solution by judges) govern the principles debate in European Private law. I will argue for a pluralistic understanding of European Private law, where neither academia nor the ECJ enjoy a monopoly on the detection of principles in European Private law. Instead, they form a symbiotic relationship in several respects. Understood in this way, the DCFR's role as a toolbox for the legislator is supplemented with its maybe even stronger significance as a toolbox for judges.     

Special Market Economy: Undermining the Principles of the WTO?

Despite World Trade Organization (WTO) principles of non-discrimination,the European Community (EC) operates special anti-dumping proceduresagainst certain former State-trading nations, arguing that intransition economies, prices do not fulfil the same functionas in market economies, thus being an unreliable indicator forthe purpose of anti-dumping calculations. This paper discussesthe question of whether these procedures nullify the benefitsor impede the attainment of any objective of the WTO. Whilethis approach is based on out-dated legal concepts mirroringpolitical and economic conditions of the twentieth century,it remains questionable how effective and necessary it is tooffset unfair trading practices in a globalized economy. Ultimately,WTO rules are sufficiently flexible to deal with price discriminationsfrom transition economies without resorting to principles thatare frustrating in their application and produce questionableadministrative results.     

In Search of Civic Policing: Recasting the ‘Peelian’ Principles

For over a century the so-called ‘Peelian’ principles have been central to the self-understanding of Anglo-American policing. But these principles are the product of modern state-building and speak only partially to the challenges of urban policing today. In fact, they stand in the way of clear thinking and better practice. In this paper, I argue that these principles ought to be radically recast and put to work in new ways. The argument proceeds as follows. First, I recover and outline the current ‘Peelian’ principles and argue that they lack the specificity, sufficiency and status required in order to do real work in the governance of policing. Second, I make the case for principles both as a regulative ideal guiding our aspirations for what policing can become and as a means of regulating police work in the here-and-now. I then develop a revised set of principles and indicate, in conclusion, how they can guide the formation of trust-producing and democracy-enhancing practices of civic policing.     

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.     

Developing Administrative Principles in the EU: A Foundational Model of Legitimacy?

This paper argues that administrative legitimacy has been neglected as having the potential to provide a foundation for the legitimacy of the EU institutions. The development of the administrative law‐type mechanisms within the EU is almost exclusively focused on the activities of the Member States as the main implementers of Union law. This has left an administrative gap at the level of the EU institutions, with little evidence of determinative horizontal administrative principles to be found in either the Treaties or the case‐law of two European courts. Where the courts have acted, they have adopted a sectoral and highly circumscribed approach to the development of administrative norms. The paper examines whether administrative principles can be harnessed as a mechanism for increasing the EU's legitimacy and, if so, how these principles fit with the institutions' approach to the legitimacy question. Post Lisbon, can evidence be found within the Treaties that the administrative route to legitimacy has not been entirely foreclosed? This paper proposes a model of administrative legitimacy for the EU level of administration that provides a foundation for the interconnected concepts of good governance and political legitimacy.     

Distinguishing Two Meanings of Moral Exclusion: Exclusion from Moral Principles or Principled Harm-Doing?

The concept of “moral exclusion” has often been used to understand harm-doing. The present studies examined two, distinct meanings that have been ascribed to this concept. First, exclusion has sometimes been conceptualized as the belief that moral principles do not apply to a target person or group (e.g., exclusion from the application of justice principles). Second, the term has been used to refer to exclusion from positive treatment that is accorded to others, which the actors believe to be morally justified, though outside observers do not. Distinguishing between these two meanings can clarify the mechanisms underlying the relation between proposed antecedents to exclusion and harm-doing. In two experiments, we obtained evidence compatible with each of these conceptualizations of exclusion, as well as preliminary evidence that certain antecedents are more likely to lead to processes indicative of one or the other conceptualization. Our findings have practical implications for the reduction of harm-doing as well as for conflict that might arise in such attempts.     

Forensic DNA laboratory automation – Principles and guidelines

There is a lack of clear guidelines for project managers, laboratory managers and forensic scientists on strategies for the automation of forensic DNA laboratory processes and operational implementation of new technologies. This is reflected in the failure rate of projects in the forensic DNA testing environment. We present a set of guidelines and concepts important for forensic laboratory automation. Some case studies from past projects are presented. These consist of partial (or modular) automation (n = 2) and full automated robotically integrated systems (n = 2).Technology Management principles and concepts are crucial to prevent failure of projects, e.g. early adoption of untried technologies, and organizational factors. The future of laboratory automation is modular until such time as new discontinuous technologies will replace the need of the traditional manual laboratory configuration in totality.     

Can the Body Change the Score? Application of Sensory Modulation Principles in the Treatment of Traumatized Adolescents in Residential Settings

There is a compelling need for varied “trauma specific” treatment models for children and adolescents with complex trauma in residential treatment whose affect and behavioral dysregulation disrupts daily living and impedes treatment engagement. This conceptual paper introduces exploratory applications of sensory motor approaches to the treatment of affect and behavioral dysregulation. Sensory Integration, a specialization within occupational therapy (Ayres 1972, 2004) provides knowledge of the sensory motor systems and strategies for sensory modulation that addresses arousal regulation, which underlies this dysregulation. The article describes three clinically supported approaches to the use of sensory modulation in residential treatment sites: use of sensory rooms; use of sensory integration occupational therapists at residential treatment sites; and a trauma psychotherapy that utilizes sensory motor strategies to improve regulation and support trauma processing.     

Are older deafblind people being left behind? A narrative review of literature on deafblindness through the lens of the United Nations Principles for Older People

Underpinned by the United Nations Convention on the Rights of Persons with Disabilities (CRDP), Agenda 2030 and the Sustainable Development Goals (SDGs) is the international goal to ‘leave no one behind’. However, the World Federation of the Deafblind have argued that deafblind people have been excluded from international welfare and disability development programmes. Despite making up the majority of the deafblind population, it appears that older deafblind people are particularly invisible. The paper builds on the earlier work of others, which translated the UN Principles for Older Persons into the language of older visually impaired adults, by using them here as the lens for a narrative review of the literature on older deafblind people. It argues that existing research demonstrates that older deafblind people are not only being ‘left behind’ in benefitting from implementation of the UN Principles, but also that the focus of the UN Principles themselves risks maintaining or enhancing their exclusion. Further research and policy development with older deafblind people is required to ensure that international and national social welfare policies and provision are not nugatory to the older deafblind population.     

Downloaded Work,Sideloaded Work,and Financial Circumstances: The Contemporary Worker’s Experience of Equity and Need Principles

Social Justice Research - People value being paid appropriately for their work—but national surveys indicate that many working adults report a discrepancy between what they actually earn and...     

Do Formalist Judges Abide By Their Abstract Principles? A Two-Country Study in Adjudication

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Recent literature in experimental philosophy has postulated the existence of the...     

The Evolution of Anti-dumping Legislation of European Union

The Course of DevelopmentJanuary 1, 1958 entry into force of the "European Econ-omic Community (EEC) Treaty", more commonly known as the"Rome Treaty," the establishment of the first European Econ-omic Community established based on the principle of the Cu…     

Above the Law? A Comparative Study of National Prosecutions of Heads of State

Official polices on the appropriate government response to crimes committed by a head of state are seldom dictated by strict principles of justice. Deciding whether to bring an errant leader to justice is often influenced by political expediency. Given the number of documented cases of official abuse, there is a need to understand why some governments choose to prosecute a former or sitting head of state while others do not. Yet, few studies have been done on this subject. This study reviews 52 cases of heads of state accused of crimes and explores how their own national governments responded to such accusations. Using data culled from various documentary sources, it employs a grounded theory approach to focus on the process that drives the decision to prosecute. Analysis indicates that political legitimacy, perception of threat, political stability, and degree of politicization of the military influence the decision to prosecute. The article concludes with a discussion of the significance and implications of these findings and suggestions for future research.     

The Feasibility of Cost of Crime Estimations in Eastern Europe – The Case of Poland

Estimates of cost of crime have gradually been introduced into the public debate on crime policy. Estimates differ in their scope and methodologies and this impedes international comparisons. This article follows the model of estimating costs of crime developed under the 6th Framework Programme and provides the comparable results of costs of crime in Poland. The total costs of crime have been estimated at 5.1% of GDP. In particular, the victimisation costs of violent crimes have been estimated at 1.94% of GDP and the costs of property crimes against individuals at 0.5% of GDP. The results are in line with estimates for other countries and provide the relevant measure for any cost-benefit analysis of a crime policy.     

The inefficacy of private enforcement of directors’ duties

Company directors play an important role in society. Their activities have significant effects on the interests of their companies, shareholders and other stakeholders. Consequently, the law regards them as fiduciaries and imposes duties which set out behavioural expectations. The private enforcement regime is the primary mechanism adopted by many common law jurisdictions for securing compliance with directors’ duties. The crucial question is whether this regime is effective in securing enforcement of directors’ duties. This article addresses this question by examining the fundamental weaknesses of the private enforcement regime. In exploring these weaknesses, it focuses on the UK and Nigerian experience. It crucially argues that the private enforcement regime, due to its weaknesses, is unable to provide deterrence and compensatory benefits. It is therefore ineffective as an enforcement mechanism for breach of directors’ duties. This article therefore concludes that there is need for a complementary enforcement regime.     

The provenance of émigrés: the validity of measuring knowledge of places

Establishing the origin of those seeking asylum is essential but difficult as asylum seekers often cannot corroborate their origin claim with documents. The aim of the present study was to assess whether asking knowledge questions, sketch questions and impossible questions are valid methods to determine the veracity of an origin claim. Participants (N?=?105) from Tilburg (truth-tellers), Maastricht (partial liars) and Gothenburg (full liars) were asked to convince an interviewer that they originated from Tilburg. Half of them prepared and half of them did not prepare themselves for the interview. They were asked 10 knowledge questions typically asked to assess the credibility of origin claims, 4 impossible questions and 1 sketch question. Participants from Tilburg answered more questions correctly than participants from Maastricht and Gothenburg. Performance also improved with preparation. Even though the results did provide some support for the validity of assessing claims about origin by asking knowledge questions, the differences between the groups were modest, and it was impossible to correctly identify all truth-tellers and liars. Changing the output modality from verbal answering to sketching contributed to the credibility assessment of origin claims, whereas impossible questions were not discriminatory.     

In Defense of Kant’s League of States

This article presents a defense of Kant’s idea of a league of states. Kant’s proposal that rightful or just international relations can be achieved within the framework of such a league is often criticized for being at odds with his overall theory. In view of the analogy he draws between an interpersonal and an international state of nature, it is often argued that he should have opted for the idea of a state of states. Agreeing with this standard criticism that a league of states cannot establish the institutional framework for international justice, others also suggest an alternative stage model interpretation. According to this interpretation, Kant’s true ideal is in fact a state of states, whereas the league is merely introduced as a temporary and second best solution. In contrast to both the standard criticism and the stage model interpretation, I argue that fundamental normative concerns count in favour of a league rather than a state of states. I also argue that Kant’s defense of such a league is consistent with his position on the institutional preconditions for just interaction in the domestic case because of crucial relevant differences between the state of nature among individuals and the external relations between states.