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.     

Human Identification via Lateral Patella Radiographs: A Validation Study,

This research examines the utility of patella outline shape for matching 3D scans of patellae to knee radiographs using elliptical Fourier analysis and subjective methods of human visual comparison of patellae across radiographs for identification purposes. Repeat radiographs were captured of cadaver's knees for visual comparison before patellae were extracted and skeletonized for quantitative comparisons. Quantitative methods provided significant narrowing down of the candidate pool to just a few potential matches (<5% of original sample), while the human analysts showed high capacity for correctly matching radiographs, irrespective of educational level (positive predictive value = 99.8%). The successful computerized matching based on a single quantified patella trait (outline shape) helps explain the potency achieved by subjective visual examination. This work adds to a growing body of studies demonstrating the value of single isolated infracranial bones for human identification via radiographic comparison.     

Analytical Characterization of Erythritol Tetranitrate,an Improvised Explosive

Erythritol tetranitrate (ETN), an ester of nitric acid and erythritol, is a solid crystalline explosive with high explosive performance. Although it has never been used in any industrial or military application, it has become one of the most prepared and misused improvise explosives. In this study, several analytical techniques were explored to facilitate analysis in forensic laboratories. FTIR and Raman spectrometry measurements expand existing data and bring more detailed assignment of bands through the parallel study of erythritol [¹⁵N₄] tetranitrate. In the case of powder diffraction, recently published data were verified, and ¹H, ¹³C, and ¹⁵N NMR spectra are discussed in detail. The technique of electrospray ionization tandem mass spectrometry was successfully used for the analysis of ETN. Described methods allow fast, versatile, and reliable detection or analysis of samples containing erythritol tetranitrate in forensic laboratories.     

The Pandora’s box: democratization and rule of law in Turkey

A prominent question in the literature on democracy is concerned with the role of external factors in stimulating the process of democratization and uploading rule of law. This paper tackles the following questions: How does the political conditionality of an international organization—the EU in this case—stimulate democracy in third countries? Equally important, does conditionality always have a positive impact and could it be possible to witness the EU undermining democracy in an unexpected manner? This paper addresses these questions through an analysis of the Turkish democracy in the light of its accession to the EU and through an application of the EU membership conditionality by looking at rule of law in Turkey. The general contention in the political conditionality literature is that the EU enables an acceding country to adopt its democratic principles, and facilitates transition to democracy, while strengthening rule of law. However, the Turkish transformation seems to challenge this contention. This paper proposes that the EU’s political conditionality in bringing about political transformation in Turkey as a membership precondition unexpectedly illuminated the underlying anti-democratic tendencies and tensions in Turkish politics. The democratization process in Turkey since 1999, partly stimulated by the EU, has opened up a Pandora’s box releasing the conflict between the secularists and religious conservatives in Turkey that has long been suppressed. This paper analyzes these cleavages through the prism of EU political conditionality with regards to rule of law.     

Die Zulässigkeit artenschutzrechtlicher CEF-Maßnahmen in FFH-Gebieten

Natur und Recht - Die Möglichkeit, die Verwirklichung artenschutzrechtlicher Verbotstatbestände des 44 Abs. 1 Nr. 1 bis 4 BNatSchG durch die Festlegung vorgezogener...     

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....     

Zwischen „der Eurokratie“ und „den Leuten“: Zum Problem der professionellen Vermittlung von Europapolitik

EU politics is strongly shaped by the activities of experts and professional actors with special knowledge of EU-specific rules, standards, semantics and institutional procedures. These EU professionals serve as important transmitters and brokers of European affairs in national contexts. They bundle and represent interests, provide information on EU policy proposals or support local and national organizations in their attempts of obtaining EU funding. In this way, these specialized actors have an important intermediary position between the “Eurocracy” and national citizenries as well as local addressees of EU policymaking. Building on classical and contemporary sociological discussions on the problem of professionalization in politics and on interview data the article analyzes the activities of these actors and scrutinizes what particular practices and strategies of interest mediation and policy transfer look like. What types of transmission and mediation can be found? Can EU professionals really be regarded as mediators and transmitters between European and local interests, or should they rather be seen as a relatively closed and self-referential group of specialists using their special competences mainly for their own sake and for positioning themselves within closed expert circles? Which difficulties and limitations can be seen with regard to practices and strategies of mediation in contemporary EU affairs?     

Bargaining over local public good provision in nested social dilemmas: A comparative study of variation from South India

In rural India, decentralized government schemes and assembly constituency development programs represent major channels through which local public good provision is realized. This polycentric governance structure confronts local leaders with a distributional conflict, which is nested in a social dilemma situation. Based on a controlled case study approach, we investigate the provision of small-scale infrastructure in three South Indian communities. Apart from roads and drinking water facilities that directly appeal to the residents of a community, local leaders bargain over infrastructure contracts, which serve as patronage resources in interactions with politicians from higher government levels. A comparative game-theoretic analysis of the results suggests that coordination through political party identities has translated into alternative bargaining strategies and hence varying distributional outcomes regarding contracts and local public goods in the communities under review. The study concludes with recommendations for polycentric institutional design.     

Fatal intoxication with 1,4-butanediol: Case report and comprehensive review of the literature

A fatal case of 1,4-butanediol (1,4-BD) oral ingestion is reported here, in which a 51-year-old man was found dead in his bed. According to the police report, the deceased was a known drug user. A glass bottle labeled (and later confirmed to be) “Butandiol 1,4” (1,4-BD) was found in the kitchen. Furthermore, the deceased's friend stated that he consumed 1,4-BD on a regular basis. The autopsy and histological examination of postmortem parenchymatous organ specimens did not revealed a clear cause of death. Chemical-toxicological investigations revealed gammahydroxybutyrat (GHB) in body fluids and tissues in the following quantities: femoral blood 390 mg/L, heart blood 420 mg/L, cerebrospinal fluid 420 mg/L, vitreous humor 640 mg/L, urine 1600 mg/L, and head hair 26.7 ng/mg. In addition, 1,4-BD was qualitatively detected in the head hair, urine, stomach contents, and the bottle. No other substances, including alcohol, were detected at pharmacologically relevant concentrations. 1,4-BD is known as precursor substance that is converted in vivo into GHB. In the synoptic assessment of toxicological findings, the police investigations and having excluded other causes of death, a lethal GHB-intoxication following ingestion of 1,4-BD, can be assumed in this case. Fatal intoxications with 1,4-BD have seldom been reported due to a very rapid conversion to GHB and, among other things, non-specific symptoms after ingestion. This case report aims to give an overview to the published of fatal 1,4-BD-intoxications and to discuss the problems associated with detection of 1,4-BD in (postmortem) specimens.     

中国行政问责制建设的现状、缺陷及完善

中国行政问责制自“非典”时期正式走近公众视线,目前行政问责制建设取得了不少成绩,但也面临着一系列现实难题与制度缺陷。该文从六个方面为根本上解决行政问责制建设中存在的问题,尽快完成从人治问责向法治问责的转变提出了对策建议。