Justifying the Distinction Between Justifications and Power (Justifications vs. Power)

The paper suggests that there are two different ways in which a legal system restricts an individual’s rights. It can either grant a power that revokes the legal protection of the right or it can acknowledge the infringement of a legal right and yet justify such an infringement by means of a criminal law justification. The distinction proposed by the paper has both expressive and practical implications and is useful in solving dilemmas arising in emergencies when constitutional constraints make it impossible to grant the power to revoke legal protection of a basic right. In some of these situations a criminal law justification might support infringement of such a right. This claim is demonstrated by analyzing the ruling of the German Constitutional Court concerning the shooting down of a hijacked airplane in circumstances similar to those of September 11.     

Philanthropisches Handeln zu Lebzeiten und über den Tod hinaus

As the number of rich people in Germany increases, it becomes more and more relevant to ask how they spend their wealth, because among other aspects being rich can be legitimized by social commitment. For example, responsibility can be shown by financial commitment or volunteering. Academic results not only show a rising number of people that are philanthropically active but also an increase in philanthropic behavior in the last two decades. Unlike it is stated in the American literature, social commitment of wealthy people has not yet gained currency in the German literature. In addition, it is little known about inheritance to society beside family transfers after death. Based on the data of the study ??Verm?gen in Deutschland?? (ViD) (Wealth in Germany) the paper discusses these questions for the year 2008. The results reveal a considerably above-average commitment of wealthy households and people. Moreover, 41?% of all respondents plan to fund a part of their wealth for public purposes and charity.     

Genetic profile of nine STR loci among Goud and Padmashali populations of Andhra Pradesh, India

We have analysed nine autosomal STR loci (D3S1358, vWA, FGA, D8S1179, D21S11, D18S51, D5S818, D13S317, D7S820) in Goud and Padmashali populations belonging to Chittoor and Cuddapah districts of Andhra Pradesh, India, respectively. This data was compared with the available data on Indian populations. Heterozygosity (H), power of discrimination (PD), probability exclusion (PE), typical paternity index (TPI), polymorphism information content (PIC), exact test with Bonferroni corrections and Arlequin analysis were carried out. Average heterozygosity observed in Goud and Padmashali populations were 0.82 and 0.81, respectively. Similarly, PD, PE, TPI and PIC have been found to be almost same between these two populations. Overall data analysis suggests the existence of sub-structuring in Indian populations.     

Perceived positive aspects of intimate relationships among abused women in methadone maintenance treatment programs (MMTP)

This study examines the positive aspects of intimate relationships perceived by drug-involved women victims of intimate partner violence (IPV). The article examines the association of psychological distress, childhood abuse, and severity of IPV with the different positive aspects the women indicated. Most analyses were conducted on a subsample of 149 women in methadone maintenance treatment who intended to continue their relationship with their abusive partner. The women most frequently valued fulfillment of the role of an intimate partner such as "he takes care of me, loves me, makes me laugh" (29.7%). Fewer than one tenth of the women valued their partners' role as economic provider; however, these women reported more physical IPV. Women intending to continue the relationship (more than two thirds of the participants) reported less physical or sexual IPV and experienced less psychological distress. Policy and practice implications are discussed.     

Migrant Networks in the Urban Labour Market: Evidence from India

This paper analyses the informal channels of the job search process through migrant networks in the urban labour markets in developing countries. Using a novel approach and nationwide sample survey, we measure various aspects of migrant networks such as size, diversity, efficiency and experience content and estimate their effect on probability of employment. Our findings suggest that migrant stock (having experience content) has an inverted-U relationship with the probability of finding a job for a migrant. The share of employed workers in a migrant network (efficiency) and different origin identity (diversity) positively affect the employment outcome through weak ties. Further, the migrant network effect is more active in larger cities as compared to smaller urban areas. The implications of this study indicate towards the importance of non-market informal channels in job searches and the need for integrating labour markets to harness the benefits of larger positive network externalities.     

between Pachamama and Mother Earth: gender,political ontology and the rights of nature in contemporary Bolivia

Focusing on contemporary Bolivia, this article examines promises and pitfalls of political and legal initiatives that have turned Pachamama into a subject of rights. The conferral of rights on the indigenous earth being had the potential to unsettle the Western ontological distinction between active human subjects who engage in politics and passive natural resources. This essay, however, highlights some paradoxical effects of the rights of nature in Bolivia, where Evo Morales’ model of development relies on the intensification of the export-oriented extractive economy. Through the analysis of a range of texts, including paintings, legal documents, political speeches and activist interventions, I consider the equivocation between the normatively gendered Mother Earth that the state recognises as the subject of rights, and the figure of Pachamama evoked by feminist and indigenous activists. Pachamama, I suggest, has been incorporated into the Bolivian state as a being whose generative capacities have been translated into a rigid gender binary. As a gendered subject of rights, Pachamama/Mother Earth is exposed to governmental strategies that ultimately increase its subordination to state power. The concluding remarks foreground the import of feminist perspectives in yielding insights concerning political ontological conflicts.     

Pork-Barrel Politics in Postwar Italy, 1953–94

This article analyzes the political determinants of the distribution of infrastructure expenditures by the Italian government to the country's 92 provinces between 1953 and 1994. Extending implications of theories of legislative behavior to the context of open-list proportional representation, we examine whether individually powerful legislators and ruling parties direct spending to core or marginal electoral districts and whether opposition parties share resources via a norm of universalism. We show that when districts elect politically more powerful deputies from the governing parties, they receive more investments. We interpret this as indicating that legislators with political resources reward their core voters by investing in public works in their districts. The governing parties, by contrast, are not able to discipline their own members of parliament sufficiently to target the parties' areas of core electoral strength. Finally, we find no evidence that a norm of universalism operates to steer resources to areas when the main opposition party gains more votes.     

TWENTY‐FIRST CENTURY PINK OR BLUE: HOW SEX SELECTION TECHNOLOGY FACILITATES GENDERCIDE AND WHAT WE CAN DO ABOUT IT

In the midst of a genetic revolution in medicine, Assisted Reproductive Technology (ART) has become a well‐established technique to help infertile women achieve pregnancy. But many women are now turning to ART not just to circumvent infertility, but consciously to shape their families by determining the sex of their children. Many patriarchal cultures have a gender preference for males and to date have used technological advances in reproductive medicine to predetermine the sex of the child being born. Women have sought sex‐selective abortions, where the pregnancy was being terminated solely on the basis of the sex of the unborn fetus. The combination of ART advances and gender preference has led to the disappearance of at least 100 million girls from the world's population leading to a mass gendercide. This article examines the societal impact of unbalanced gender ratios and the need to regulate sex selection to avoid nations of bachelors.