An Empire of Light?: II: Learning and Lawmaking in Germany Today

German law is commonly assumed to be strongly influenced bylegal scholarship. This was certainly true in the past, andthis article explores whether it is still the case today. Butwhat is actually meant by ‘influence’ in the contextof law? Who exerts it on whom, and how? These questions areanalysed in the first part of the article. It is then shown,by drawing on biographical material, legislative history andcase law, how legal scholarship contributes to both the legislativeand the judicial lawmaking process in Germany—and whereit does not. Finally it is asked how the specific relationshipbetween legal academics and lawmakers in the German legal systemcan be explained and whether this model can be transferred toother systems.     

A Lasting Impact? On the Legislative Activities of Immigrant-origin Parliamentarians in Germany

The article analyses the degree of substantive representation by immigrant-origin MPs in Germany's national and state parliaments. To test the expectation that an immigration background increases the likelihood of engaging with migration-related topics, an analysis is undertaken of all parliamentary questions (PQs) formally asked by immigrant-origin MPs in Germany's national and state parliaments between 1987 and 2009. By controlling for several time-invariant and time-variant factors, the longitudinal analysis confirms that a visible immigration background results in asking more migration-related PQs. While several contextual, party-political and personal (career) factors influence the likelihood of asking such questions in parliament, there is no evidence for a decrease over time. Presence effects are significant and of lasting nature. This means that the parliamentary presence of immigrant-origin MPs with a visible background goes beyond sheer symbolic representation.     

Changes in the Rules of the Lawmaking Process and the Success of Presidential Bills: Chile, 1990–2018

This article assesses the effect of changes in the lawmaking process on the success of the president’s legislative agenda, distinguishing between within-term success (bills that passed during the term) and overall success (including bills that passed after the president left office). With the 2064 presidential bills introduced in seven terms (1990–2018) in Chile’s presidential system, we assess the impact of changes in lawmaking rules on within-term (59.9%) and overall success (70.6%). Changes that decrease attributions of the president and create more opportunities for executive-legislative bargaining—including concurrent elections—increase the chances of success of presidential bills. The use of presidential urgency motions, an agenda-setting tool, makes bills more likely to pass, but the issuance of many urgency motions undermines the bill’s chances to succeed. Presidential bills introduced early in the term and those on issues where there is more policy convergence are more likely to pass.     

Beyond Formal Equality: Closing the Gender Gap in a Changing Labour Market – A Study of Legislative Solutions Adopted in Canada

This article looks at the position of women in the Canadian labour market and at the legislative measures adopted to address their segregation in terms of occupation, wages and working conditions. Federal and provincial legislators have, with relative success, attempted through a series of measures to respond directly to the issue of discrimination against women in the workplace and in the labour market. They have, however, remained relatively insensitive to other factors that make the situation of working women precarious, such as the rise of ‘non-standard’ work. These inequalities are not peculiar to Canada and legislative responses to these questions vary according to specific national realities and legal traditions. A study of the legislative evolution in Canada serves to illustrate some of the challenges faced to redress this gender gap.     

‘A jack of all trades’: the role of PIs in the establishment and management of collaborative networks in scientific knowledge commercialisation

The commercialisation of scientific knowledge has become a primary objective for universities worldwide. Collaborative research projects are viewed as the key to achieving this objective, however, the role of Principal Investigators (PIs) within these complex multi-stakeholder research projects remains under researched. This paper explores how networks in the scientific knowledge collaboration process are initiated and maintained from a multi-stakeholder perspective. It is based on case study evidence from 82 stakeholders in 17 research collaboration projects in Irish and German universities, which provides for a holistic view of the process, as opposed to prior research which has tended to report findings based on the analysis of one or two stakeholders. It finds that PIs play a lead role in establishing and managing stakeholder networks. This finding is unanimous for all stakeholders, irrespective of research centre size, type and geographical location. Not unlike the entrepreneur, the PI has to be ‘a jack of all trades’, taking on the roles of project manager, negotiator, resource acquirer as well as, the traditional academic role of Ph.D. supervision and mentoring. The findings suggest that PIs are better placed than Technology Transfer Office managers to act as boundary spanners in bridging the gap between science and industry.     

Institutions and the Legislative Success of ‘Strong’ Presidents: An Analysis of Government Bills in Chile

This paper examines the approval of government bills in Chile, evaluating the effect of presidential prerogatives and policy substance, and considering both bill-specific and contextual effects. The results show that presidential prerogatives over financial policy, as well as the ability to affect the congressional agenda through urgent bill scheduling, significantly influence government bill approval. As expected, government success is enhanced during the honeymoon period. However, changes in public approval of the president do not appear to exert a significant effect on the passage of presidential bills.     

Marriage and Desistance from Crime in the Netherlands: Do Gender and Socio-Historical Context Matter?

Over the last two decades, research examining desistance from crime in adulthood has steadily increased. The evidence from this body of research consistently demonstrates that salient life events—in particular, marriage—are associated with a reduction of offending across the life course. However, previous studies have been largely limited to male samples in the United States. As a result, questions regarding the universal effect of these relationships remain. Specifically, research is needed to assess whether the desistance effect of life events like marriage varies by gender and/or socio-historical context in countries other than the U.S. The present research addresses these gaps by examining the relationship between marriage and criminal offending using data from the Criminal Career and Life Course Study (CCLS). The CCLS includes criminal conviction histories spanning a large portion of the life course for nearly 5,000 men and women convicted in the Netherlands in 1977. Because we assess change over multiple observations within and between individuals, we utilize hierarchical models to estimate gender and contextual effects of marriage on criminal offending (i.e., any, violent, and property convictions). Overall, we find consistent support for the idea that marriage reduces offending across gender and socio-historical context. Notably, we find that the reduction in the odds of offending due to marriage is significantly greater for individuals in the most contemporary context. The implications of these findings are discussed.

Between the ‘Home’ and ‘Institutional’ Worlds: Tensions and Contradictions in the Practice of House Arrest

In this paper we argue that the theoretical work of Goffman (1961) on “total institutions,” Foucault’s (1977) insights into the workings of disciplinary power, and an account of contemporary forms of punishment and social control in postmodern society (Staples 2000) help us better understand the experiences of those individuals sentenced to house arrest. Based on face-to-face interviews with twenty-three people being electronically monitored in a Midwestern metropolitan area, our analysis identifies three themes that illustrate the ways in which electronic monitoring is experienced as a complex amalgam of what Goffman (1961, p. 13) saw as the distinct “home world” and the “institutional world”. These themes include (1) “Home is Where the Machine Is,” (2) “Producing Docile Bodies,” and (3) “Threat of Sanctions”. We reassert our claim (Staples 1994, 2000) that contemporary forms of social control such as electronic monitoring reflect an ongoing struggle to deal with problems and issues set in motion with the birth of modernity.     

Reconciling Accountability and Fiscal Prudence? A Case Study of the Budgetary Role and Impact of the German Parliament

Based on a case study, this article argues that the goals of accountability and fiscal prudence can be reconciled in the context of the parliamentary budget process. It captures the institutional setting for the budgetary work of the German parliament, in legal, organisational and procedural terms and with regard to its resources. The article then provides an assessment of the budgetary impact of the legislature against the goals of public expenditure management: aggregate fiscal discipline, allocative efficiency, and operational efficiency. The conclusion indicates that some standard arguments cannot explain why the budgetary work of parliament in this case has tended to result in lower deficits and improved public expenditure management. Rather, it is argued, a system that allows for parliament to buy into the overall budgetary aims and policies of the government through a co-operative process facilitates the reconciliation of accountability and fiscal prudence. At the same time, there is scope to refine the public expenditure management model for its application to the comparative study of the budgetary outcomes of legislative behaviour.     

Cut from the Same Cloth? A Comparative Study of Domestic Extremists and Gang Members in the United States

Despite calls for research on the similarities and differences between violent extremist groups and criminal street gangs, there have been few empirical comparisons. We develop a comparative model that emphasizes explicit, spurious, and indirect linkages between the two groups and use national sources of data on domestic extremists and gang members—the Profiles of Individual Radicalization in the United States (PIRUS) and the National Longitudinal Survey of Youth 1997 (NLSY97)—to compare them across group involvement, demographic, family, religion, and socioeconomic status characteristics. Six percent of domestic extremists in PIRUS have a history of gang ties, which constitutes a minimal proportion of domestic extremists and is likely the rare exception among the population of gang members. Gang extremists more closely resemble non-gang extremists in PIRUS than they do gang members in the NLSY97. While these groups have some similarities, one of the major differences is that gang members are younger than domestic extremists. This likely contributes to many of the other differences between the groups across the life course, including marriage, parenthood, unemployment, and education. Given that the evidence is most consistent with the independence model, further comparative testing is needed before generalizing gang-related policies and programs to domestic extremism.     

A Comparative Study of Children and Adult Homicide Rates in the USA and the Major Western Countries 1974–1999: Grounds for Concern?

The aim of this study is to examine the changing patterns of child homicide in the USA and the other 9 major Western countries between 1974 and 1999. On the basis of standardized WHO mortality data, 5-year mean rates of Baby (<1 year), Infant (1–4), Child (5–14), and General Population Rates for Homicide (GPRH) were analyzed for 1974–78 and 1995–99 for the USA and major Western countries. The analysis provided ratios of change for children's homicide between 1974 and 1999 and ratio of ratios between adult' and children's homicide. Over the period USA male Baby homicide rose by 78% and Females 44% with a combined rise in All Children [0–14] homicides of 45%, within the context of a declining adult GPRH. In the 1970s, 3 major Western countries had either higher or similar children's homicide rates to the USA, but by the late 1990s none did. Moreover, between 1974 and 1999, the USA had the biggest rise in Baby (<1) and All Children's deaths, and only France had substantial increases, whereas Baby homicide rates fell significantly in 6 other countries. The findings indicate a worrying deterioration in U.S. child homicides. Possible links with child abuse and explanations for the results are briefly discussed. Urgent case-specific research is required to determine the cause/s for and how to reverse the worsening child homicide situation in the USA.     

The Animal: A Subject of Law? A Reflection on Aspects of the Austrian and German Juridical Systems

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal.     

Procedural Justice for Victims and Offenders?: Exploring Restorative Justice Processes in Australia and the US

Sociolegal research indicates that when citizens perceive that legal processes and procedures are fair, both positive and negative legal outcomes will be viewed as acceptable. However, little is known about perceptions of fairness in informal contexts such as in restorative justice (RJ) practices and with victims (and offenders) who participate in these programs. Drawing on interviews with key actors engaged in post-conviction RJ programs for serious crimes in Australia and the USA, this paper asks, do post-conviction therapeutic RJ programs for violent crimes enhance procedural justice for victims and offenders? The data reveal that RJ is compatible with procedural justice for both victims and offenders. Specifically, RJ aids in correcting the harms created by the formal criminal justice system and, thus, satisfies and even greatly enhances procedural justice goals for both victims and offenders.