Towards a school constitution for freedom -- a comparative analysis in Western and Eastern Europe

This article shows the recent European discussion on and developments in the reform of school government and administration. This reorganisation is directed at reducing state influence and widening self-responsibility of schools. It is a part of a general development towards decentralisation and deregulation, subsidiarity and plurality in civil society. This overview, with illustrations from different countries, shows a general agreement in Western and Eastern Europe that the humanisation of education must also be promoted through liberalisation and democratisation of decision-making. This revised version was published online in August 2006 with corrections to the Cover Date.     

When the butcher calls the hunter foul,and the muddied politics which follow: speciesism and the EU opposition to the Swedish wolf hunt

Abstract

Rarely does the death of animals cause conflict between governments. However, the killing of some animals, such as seals, wolves, and other exotic wildlife, can cause heated conflict over whether the act of killing is itself justifiable. This paper provides an overview of a recent disagreement along these lines: between the EU and Sweden over the management of wolves. It juxtaposes the recent politicalization of the wolf hunt with an overview of two very different moral frameworks that humans use to conceive of the value of animals. This paper argues that these two moral frameworks share in employing a human-centrism which consequently restricts how the issue of justice can be introduced into policy discussions regarding the treatment of animals. However, the primary assertion made here is that while these two frameworks are constituted by speciesism, they represent two different positions which as is illustrated by the debate surrounding the justifiability of the wolf hunt, provide very different points to which questions of justice are truncated or introduced. Therefore, the assertion made in this paper is that the conflict between the EU and Sweden, over the justifiability of the wolf hunt stems from competing speciesist positions.     

Reducing crime through prevention not incarceration

This policy essay by William J. Bratton, former Commissioner of the NYPD and Chief of LAPD, provides a useful overview of the key issues involved in determining how to address crime and provides an interesting research agenda for exploring the potential impact of options that favor policing and reduce reliance on incarceration. Changing the current focus from one that presumes that increased incarceration results in crime reduction to one that works to prevent crime requires a paradigm shift of major proportions. It is worthy of consideration.     

Minors and informed consent: a comparative approach

The European Convention on Human Rights and Biomedicine of the Council of Europe provides in article 6 for special protection of persons who are not able to give free and informed consent to an intervention in the health field, e.g. minors. According to the second paragraph of this article it is up to domestic law to decide whether and under which conditions a minor is capable of taking autonomous decisions in the health field. In the present article an overview is given of the legal regulations in place regarding the position of minors in a health care setting in the EU Member States that have ratified the European Convention on Human Rights and Biomedicine namely Cyprus, Czech Republic, Denmark, Estonia, Greece, Hungary, Lithuania, Portugal, Slovakia, Slovenia and Spain. As the overview will show, the legal position of minor patients in a health care setting varies from country to country. This in view of the system they have opted for as well as the age and circumstances under which minors are allowed to take health care decisions autonomously.     

Peacemaking Criminology

This is an overview of the work of criminologists that informs how people build trust, safe and social security in the face of violent social differences. The article begins with a story of how the term “peacemaking” came to “criminology.” A theory of peacemaking emerging from this beginning is then stated, including a review of criminological literature that informs the theory. The theory is grounded in a paradigmatic departure from criminology’s tradition—the study of crime and criminality—to proposing instead of studying what replaces human separation with cooperation and mutual trust. This paradigm implies that stories of dispute handling are its most authoritative data, especially stories people tell about their own relations. It also implies new ways of evaluating the fruits of adopting a peacemaking paradigm for learning and living.     

Therapeutic community treatment programming in corrections

Abstract

This paper contrasts the American TC model with that of the United Kingdom, presents an overview and history from 1965 to the present of Therapeutic Community (TC) treatment as applied in the United States particularly to drug using offenders, and it details findings from five scientifically sound studies that this kind of treatment during custody for incarcerated drug using offenders is effective in reducing drug abuse and recidivism. A final section presents the therapeutic principles derived from North American TC research and practice conducive to altering addict-offender lifestyles and improving the likelihood of a positive outcome.     

Chinese Drywall Liability

This article presents an overview of the defective Chinese drywall product liability including a timeline starting when complaints were received by the Florida Department of Health in June 2008. The overview of the rapidly evolving product liability also discusses the factors that contributed to drywall demand and the production of synthetic gypsum as well as the common allegations that have been made against various drywall defendants and the actions and information provided by the Consumer Product Safety Commission—the federal agency tasked with leading the investigation into drywall complaints, potential health risks, and electrical and fire safety issues. Lastly, available corporate disclosures are summarized for drywall liabilities. The drywall problem has spurred much activity from homeowners, builders, contractors, suppliers, and drywall manufacturers. Much investigation has been done and more is in process, and initial findings and results are just being made available. That said, it is too early to tell the magnitude of the liability in which many facts remain unknown, and it is uncertain when the drywall problem will abate.     

Age Discrimination Law in a Country with a Communist History: The Example of Poland

Abstract:  This article offers an overview of the legal responses to age discrimination in Poland. It explores the system of legal protection before the accession of Poland to the European Union, and looks too at the situation after the implementation of Council Directive 2000/78/EC. It argues that Community law has enhanced protection against age discrimination significantly, but that legislation remains far from perfect, and that the effective eradication of this form of discrimination in Poland is impeded by a range of difficulties typically found in countries with a Communist past.     

Cloning: can it be good for us? An overview of cloning technology and its moral implications

Adequate answers to moral questions about cloning require a working knowledge of the science and technology involved, both present and anticipated. This essay presents an overview of the current state of somatic cell nuclear transfer technology (SCNT), the type of cloning that now permits whole organism reproduction from adult DNA. This essay explains the basic science and technology of SCNT and explores its potential uses. Next, this essay notes remaining scientific obstacles and unanswered moral questions that must be resolved before SCNT can be used for human reproduction. Attention is given to aspects related to cloning for therapeutic and research purposes.     

A reponse to paramilitary policing in Northern Ireland

This essay arises from the experiences of a practitioner who has, until recently, managed a project offering services to those under threat from paramilitary organisations. This essay is divided into two sections. The first section offers an overview of the ideologies and practices of Loyalist and Republican paramilitaries regarding informal justice. The second section examines the problems of intervention with those under threat and the insights offered by an analysis of the project’s casework. NIACRO     

The Italian perspective of the right to oblivion

This paper gives a brief overview of the state of the art relating to the right to oblivion in Italy. Three major issues on the way this right is perceived, recognized and protected are presented. First, the strict link between the right to oblivion and the right to information is discussed. Then, the role of the internet revolution in enlarging the protection to different situations related to the right to oblivion is analyzed. Finally, a reflection on the distinction between the right to oblivion and the right to data protection and specifically from the right to erasure, anonymization or blocking of data that have been processed unlawfully is drafted.     

Transferring the burden of risk in private health care: medical indemnity insurance reform

This article provides an overview and critique of the recent medical indemnity insurance reforms implemented by the Commonwealth Government. The first part of the article sets out a number of the practical difficulties associated with the reforms whilst in the second part an analysis is given of the social philosophies and economic approaches that underlie them. The weaknesses and strengths of shifting the medical indemnity insurance market from a free-market approach to be more in line with the liberal-welfarist approach are considered, as is the need for each approach to be supplemented with a more comprehensive understanding of the human good.     

The scourge of opiates: The illicit narcotics trade in the Islamic Republic of Iran

This study seeks to provide an overview of drug trafficking in Iran, particularly as it relates to the Iran–Afghan and Iran–Pakistan border regions. Data were obtained from a systematic review of the academic literature and from open sources, including media reports and official documents. The Iranian government is credited with dedicating substantial resources to combating the drug trafficking. Despite these efforts, Iran continues to be the most significant transit country for opium and heroin from Afghanistan. Several factors are identified that help to explain why Iran, despite its efforts, continues to play a central role in the international drug trade.     

The 2006 Record of the International Court of Justice

This article presents a brief overview of developments relatingto the International Court of Justice during 2006 and reportson certain revisions and additions that were introduced to thePractice Directions and on the latest changes in the Court'scomposition. Finally, a brief outlook is presented on the basisof the status of the Court's docket as on 31 December 2006.     

Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need.     

Immigration and the emergence of right-wing violence in unified Germany

The articles that make up this special issue were all derived from presentations at a conference that took place at the Pennsylvania State University in the Fall of 1993. This paper presents an overview of the themes and issues discussed at that conference. While the conference was broadly international, co-sponsored by Penn State University and the Max-Planck-Institut and supported financially by the DAAD, the articles included in this special issue focus principally on the nature and amount of hate crimes and xenophobia in Germany. This article describes the international and comparative nature of the conference and explains the decision to focus on the German situation.     

American Health Lawyers Association: the year in review 2002-2003

Every year, the Practice Groups of the American Health Lawyers Association assemble a Year in Review summary of the leading developments in case law, legislation, and administrative actions affecting healthcare. This Article provides a comprehensive overview of these developments. The introduction presents a "Top Ten" list of the year's most noteworthy developments. The remainder of the Article is divided into fourteen topical areas, and offers a brief overview of issues in those areas. Overall, these various developments demonstrate society's efforts to balance accountability, efficiency, and affordability in the delivery of healthcare.     

Evaluation of industrial modernization programs: The field agent's perspective

This article provides a field agent's perspective on the factors that influence the success of industrial modernization services. We begin with an overview of the field agent's role in the industrial extension system and discuss the technical assistance services typically provided by a field agent. The field agent's role is differentiated from that of other stakeholders such as legislators, agency staff, and program managers. We then consider pre- and post-project perspectives of positive outcomes from industrial extension services. The article argues that the field agent's perspective is closely connected to that of the manufacturing customer. Implications for shared communication among stakeholders and improving program outcomes are discussed. The article draws on the experiences of the authors in the manufacturing extension program in Georgia-the Georgia Manufacturing Extension Alliance (GMEA).     

Environmental Horizon Scanning and Criminological Theory And Practice

The world is rapidly changing due to climate change and the systematic depletion of natural resources. This paper provides a glimpse over the horizon of issues likely to be of interest to European criminology in the not so distant future. Our concern is to identify a set of issues and trends that have significant theoretical, methodological and policy implications for those with an interest in transnational environmental crime. The concerns range from the social consequences of climate change through to the use of the subterranean spaces of the planet as a toxic repository. This paper presents a brief summary of several horizon issues and explores the implications of these for criminological research and intervention. The paper provides an introduction and overview of environmental horizon scanning as informed by eco-global criminological considerations.     

Tracking the evolution of police training and education in Poland: linear developments and exciting prospects

ABSTRACT

An important issue for police services across the world is the training and education of police personnel. Both training and education have often been linked to the professionalization of policing. An overview of current developments in police training and education in Poland is provided by a discussion and delineation of learning pathways for Polish police officers and the relevant pieces of legislation that have influenced these pathways. This contributes significant knowledge to international literature by being the first repository of information about Polish police training and education. The historical context of police and police training in Poland is introduced first, followed by an overview of the two-tier system of training. Finally, developments of police training in the Polish context are critically assessed to demonstrate the slow, yet undeniable, approach toward professionalisation of police officers in Poland.