Literatur

Ohne Zusammenfassung     

Constitutions,Written and Otherwise

Law and Philosophy -     

Recent developments in the philosophy of science: its relevance for the social sciences

SUMMARY

This article reviews developments in the philosophy of science which occurred during the past two decades. It begins with a discussion of the orthodox positivist view of science, concentrating on its logicist conception of theory assessment. This is followed by an exposition of the historicist critique of positivism as primarily worked out in Thomas Kuhn's The structure of scientific revolutions. It is well known that Kuhn's book led to a resurgence of interest in relativist and subjectivist positions in the philosophy of science. The main opponent to historicism, scientific realism, is discussed in some detail in the third section of the article. In the final section, the relevance of these debates to the social sciences is examined. The section begins with a brief outline of the Marxist version of realism which have recently been defended by people such as Bhaskar, Keat and Urry and Sayer. In the final pages of the article, it is argued that a realist theory of the social sciences is possible. It is also argued, however, that such a theory need not necessarily be cloaked in the guise of Marxism.     

Steve Biko as existentialist communicator

Abstract

Despite ongoing interest and reflection on the work and ideas of Stephen Bantu Biko (1946–1977) in South Africa, no scholarly contribution from a communicological perspective has been published yet. While Biko regarded himself first and foremost as a freedom fighter who aimed to topple the apartheid regime, many regard him more as a philosopher – perhaps an ‘organising philosopher ’ or a sort of ‘social and political philosopher ’ as Sono (1993, 90ff.) puts it. More (2008, 64) goes further and argues that Biko, in his writings, displays a definite philosophical outlook, ‘an Africana existentialist preoccupation with “being-black-in-an-antiblack-world” and [a preoccupation with] questions of “black authenticity ” and “black liberation”’. The main aim of the article is to consider whether Biko as communicator makes human communication as a mode of existence come alive. Biko never addressed the problematic nature of human communication directly. The article concludes that Biko may be regarded as a foremost existentialist communicator during apartheid South Africa, and that his thoughts on meaningful and authentic existence remain relevant for confronting the vexing challenges facing contemporary South African communities.     

Correctional Treatment Programmes for Young Offenders in Europe: A Survey of Routine Practice

This article presents the results of an international survey of European correctional treatment programmes for young offenders. Questionnaires gathering data on programmes’ design, implementation, structure, and evaluation were collected from 112 programme administrators in 25 European Union countries. Results demonstrated that although there was a commitment to young offender rehabilitation in almost every country, programmes adopted many different approaches and were implemented with varying levels of adherence to evidence-based principles of ‘best practice.’ The majority of programmes adopted a cognitive-behavioural approach, and clinical discretion was prioritised over systematised, empirically validated assessment instruments. Most programmes were administered by centralised government agencies; however, process and outcome evaluation was rare. These findings suggest a strong need for improved systematic evaluation in most European countries.     

A systematic review and meta-analysis on the effects of European drug treatment programmes on reoffending

This article presents the results of a systematic review and meta-analysis on the effects of treatment programmes for drug abusing offenders in Europe, using stringent eligibility criteria to control for threats to internal validity. A literature search of approximately 37,000 titles revealed 15 sound evaluations from six countries, containing 3953 participants. There were significant positive overall effects of treatment on crime (d=0.47) and illicit drug use (d=0.38). Most evaluations originated from the UK and evaluated primarily substitution therapy-based treatment. Evaluations of other interventions were a minority. Our findings support the use of treatment programmes among substance-abusing offenders. However, these results are limited to a small set of programmes from very few countries. Therefore, sound evaluations on a range of treatments across Europe are needed.     

Persons found 'not criminally responsible on account of mental disorder': a comparison of British Columbia, Canada and Hunan, China

Current research literature contains very few international, cross-cultural comparison studies of persons adjudicated 'Not Criminally Responsible on Account of Mental Disorder' (NCRMD). This study explores and compares the demographic differences between persons found NCRMD in British Columbia, Canada and Hunan, China. Eight variables such as sex, age, education level, marital status, conviction history, psychiatric history, and index offence are compared between the Canadian and Chinese cohorts. The Canadian and Chinese cohorts were similar in sex and psychiatric history. The divorce rate, educational level, and conviction histories were significantly higher, and the age was significantly older in the Canadian cohort. The Chinese cohort had higher levels of murder and attempted murder index offences. Differences between the two cohorts can be explained in terms of legislative and cultural differences.     

Examination of live victims of violent crimes at the Institutes of Legal Medicine of Hanover, Cologne and Leipzig

During the last few years the importance of clinical forensic medicine has increased within the field itself, but also in interdisciplinary cooperation. Although examinations of live victims play a substantial role in the every-day work of most German forensic scientists, the number of data published on their frequency and the type of offence for which they were performed is small. For this reason a comparison of the data from the Institutes of Legal Medicine in Hanover, Cologne and Leipzig was carried out. Most of the examinations performed by all the three institutes were ordered by courts, the prosecution or the police. Only in a few cases did private persons or hospitals ask for a forensic expert opinion on injuries. During the study period the total number of examined violence victims per annum increased noticeably from 252 in 1999 to 507 in 2003. The total number of examinations during the five-year study period amounted to 1181 in Hanover, 393 in Leipzig and 198 in Cologne, which all have a similar number of inhabitants in the respective catchment area of the institutes. Most of the examinations were carried out in victims of bodily harm, sexual assault and child abuse, but also in traffic offences, for age determination, in self-inflicted injuries and in suspects of homicide. On the one hand the remarkable rise of the number of physical examinations shows that the importance of forensic expert opinions is increasingly recognized. On the other hand the considerable regional differences demonstrate that the competence offered by the Institutes of Legal Medicine in the documentation and interpretation of violence is by far not yet sufficiently used.