Alive and well: the good faith principle in Turkish contract law

Good faith is a principle prominent in civil law countries but less so in common law countries, and which allows courts to deviate from black letter law. It provides them with flexibility to change the outcome of a deductive legal decision if they regard it as absurd. The principle of good faith thus empowers the judiciary to deviate. It can be used for an indefinite number of cases and might lead to almost all conceivable legal consequences. For instance, the judge can invalidate the contract, change the price, suspend or change a clause in the contract, or grant injunctive relief, compensation of damages, the disgorgement of profits or a removal claim. We argue that if the principle of good faith is used to develop contract law into an instrument for redistributing wealth in favor of poor parties, this can destroy the concept of contract as a social mechanism for generating mutual gains for parties, which might lead to unwanted economic consequences in terms of efficiency losses. We argue that the principle of good faith must be carefully and reluctantly used to reconstruct the fully specified contract and that well-informed judges, who understand the factual environment of a contract well should ask how fair bur self-interested parties would have allocated the risk in a pre-contractual situation. If the courts restrict the application of the good faith principle to these functions, this provides elasticity that otherwise would not exist if courts would strictly use the rules laid down in black letter law. Moreover, it saves transactions costs and is therefore in line with economic reasoning. We look at the most important Turkish cases and find that the Turkish Supreme Court following Continental European doctrines of good faith actually uses this principle to curb opportunistic behavior of parties and not to achieve redistribution from the rich to the poor by way of interfering into contract law.     

Youth hate crime offending: the role of strain,social control and self-control theories

Much of the existing research on hate crime focuses on the perspective of victims, while relatively little is known of the offenders. This study examines the prevalence of hate-motivated offending in the form of assaults and bullying, and variables that may explain some of the influences for such behaviour. It compares hate-motivated offenders to both non-offenders and offenders committing non-hate-motivated acts. Our data are based on a nationally representative youth survey collected in 2012 (n = 4,855) from Finnish students attending ninth grade (ages 15–16). It relies on three central theories in criminology: strain, social control and self-control theories. Frequent parental fighting, low parental supervision, low social control and male gender were significant factors in explaining hate crime offending. Our results suggest that the three criminological theories are relevant in the analysis of hate crime offending among Finnish youth.     

Kastenstandhaltung und kein Ende

Natur und Recht - Seit Jahrzehnten werden Jungsauen und Sauen über Wochen hinweg in Kastenständen zur Zucht von Ferkeln eingepfercht und können sich weder bewegen noch umdrehen....     

Consensus Decisions and Similarity Measures in International Organizations

Voting behavior in international organizations, most notably in the United Nations General Assembly (UNGA), is often used to infer the similarity of foreign policy preferences of member states. Most of these measures ignore, however, that particular covoting patterns may appear simply by chance (Häge 2011) and that these patterns of agreement (or the absence thereof) are only observable if decisions are reached through roll-call votes. As the relative frequency of roll-call votes changes considerably over time in most international organizations, currently used similarity and affinity measures offer a misleading picture. Based on a complete data set of UNGA resolution decisions, we demonstrate how taking different forms of chance agreement and the relative prevalence of consensus decisions into account affects conclusions about the effect of the similarity of member states’ foreign policy positions on foreign aid allocation.     

Simultaneous screening and detection of drugs in small blood samples and bloodstains

A gas chromatography-mass spectrometry (GC-MS) method is described for the screening and detection of morphine, codeine, cocaine, benzoylecgonine, methylecgonine, cocaethylene, delta-9-tetrahydrocannabinol (THC), 11-nor-9-carboxy-THC (THC-COOH), 11-hydroxy-THC (11-OH-THC), amphetamine, methamphetamine, 3,4-methylenedioxyamphetamine (MDA), 3,4-methylenedioxymetamphetamine (MDMA) and N-methyl-1-(3,4-methylenedioxyphenyl)-2-butanamine (MBDB) in small blood samples and bloodstains using solid phase SPE columns and a pipetting robot (Gilson Aspec XL). The detection limits are in the order of 1.62-4.10 ng/50 microl spot (amphetamines), 0.15-0.82 ng/50 microl spot (cannabinoids), 1.67-4.70 ng/50 microl spot (cocaine and derivatives) and 4.53-4.91 ng/50 microl spot (opiates) and the correlation factors are between 0.9957 and 0.9999. The method has proven useful in forensic cases with only small sample volumes or bloodstains.     

Offending,drug abuse and life chances—a longitudinal study of a Stockholm birth cohort

There are many factors, both empirical and theoretical, which indicate that drug abuse can play an important role in explaining the links between criminality and life chances when viewed from a life-course perspective. In this article, we examine the links between crime and drug abuse and social inclusion and exclusion in adult life, and look at whether there are gender-specific patterns in these regards. The Stockholm Birth Cohort database allows us to follow a birth cohort born in 1953 to age 56. The results show that drug abuse is central both to processes of continuity in and desistance from crime and to life chances in adulthood. For the adult outcomes that relate to work and health, we also note a tendency towards polarization; the size of both the relative and the absolute differences between the comparison group and offenders with registered drug abuse increases over time. The same general pattern can be seen for males and females.     

Strategies of police cooperation: comparing the Southern Chinese seaboard with the European Union

A number of police cooperation strategies have developed around the Southern Chinese seaboard, which encompasses the coastal provinces of Mainland China, Taiwan, and the Special Administrative Regions of Hong Kong and Macau. Cooperation mechanisms in the region encompass intelligence sharing strategies and establishment of the Electronic Communal Information Sharing Platform (ECISP), common investigations, regular meetings, practitioner exchanges, and training. Although conducted on a regular basis, these cooperation strategies mostly lack a formally binding legal basis, relying purely on informal practitioner efforts at best supported by Memoranda of Understanding. Due to their historical independence all police forces involved in cooperation at the Southern Chinese seaboard have had to establish strategies to overcome legal, organisational and cultural differences. This region could therefore be compared to cooperation networks between sovereign nation-states in other regions. The historical development of Greater China’s highly informal, practitioner driven approach to cooperation is reminiscent of early forms of cooperation between the police agencies of states that are now members of the European Union (EU). This paper explores the development of both informal and formal strategies established among police agencies around the Southern Chinese seaboard and compares them with the EU to enhance the historical, political and legal understanding of the two regions.     

Testing the Impact of Political Generations: The Class of 94 and Pro‐feminist Ideas in the Swedish Riksdag

How can one explain the transformation of elected assemblies like national parliaments? In this study it is argued that much can be gained from taking the assumption of political generations more seriously when trying to explain transformations of the political agenda – for example, of themes and topics brought up in the parliamentary process. More specifically, the article expands on previous research in three ways: first, it launches the concept of ‘parliamentary political generation’ where the core element is the combination of an influx of large numbers of newcomers into the elected assembly and an electoral context that is formative – that is, that exhibits characteristics that distinguish the election from other elections. Second, an empirical test is conducted where other factors such as party affiliation and social background characteristics are controlled for. Finally, the test on the impact of parliamentary political generations is conducted in a context – the Swedish Riksdag – where parliamentary party groups are strong. The data used is the Parliamentary Surveys 1985–2010 conducted at the Department of Political Science, University of Gothenburg, Sweden. The political generation in focus is the ‘Class of 94’. The results show that the Class of 94 distinguish themselves by being more feminist than their senior colleagues and other groups of newcomers in Swedish elections. This is the feminist generation in Swedish politics.     

The Netherlands and Islam: In Defence of Liberalism and Progress?

With the elections of 2012, the main party driving the Islam debate in the Netherlands was sidelined. The new government of Liberals and Social Democrats is trying to re-bury the contentious issue, not least because Islam-related questions have had a confusing effect on their parties. Nonetheless, with societal concerns lingering, the topic is likely to reappear. In the Netherlands, the wariness towards (Islamic) immigration is not rooted in fears of ethnic or religious competition. Instead, it tends to receive serious political attention only when cloaked as a defence of secularist and liberal values. As such, curbing Islamic practices is presented as a way to protect a (self-promoted) image of the Netherlands as a non-judgemental and tolerant place. The paradox remains that that self-image was traditionally meant to include minorities, not to exclude them.