Reinforcing historic distinctions between mental and physical injury: the impact of the civil liability reforms

Mental injury has been differentiated from physical injury since its entry into Australian tort law, with mental injury consistently subject to the most onerous regime. In 2002 in its Review of the Law of Negligence, the Ipp Panel supported the historic distinction between physical and mental injury and recommended further (restrictive) changes to the common law rules in relation to mental injury. This article considers and evaluates the reforms which were introduced into six Australian jurisdictions in relation to mental injury in the tort of negligence in response to the Ipp Panel's recommendations arguing that the rationale for differentiating pure mental injury from physical injury and consequential mental injury is nebulous. It argues that the reforms operate to reinforce and magnify historic distinctions between physical and mental harm despite increasing recognition in the medical literature of the interrelationship between physical and psychiatric injury; despite the recognition of the professional ability of psychiatrists and psychologists to accurately pinpoint and diagnose mental injury; despite extensive documentation of the far-reaching and devastating impact that psychiatric injury has on victims, families and the community; and despite evidence that early and adequate treatment of mental injury can prevent a raft of damaging and costly personal and societal consequences.     

Informal Circles of Ministers: A Way Out of the EU's Institutional Dilemmas?

This contribution argues that the particular relevance of informal circles of ministers lies in their ability to routinise and communise the process of the interpretation of constitutional norms at the intergovernmental level. The informal setting triggers a particular mode of interaction—deliberative intergovernmentalism. In the case of economic policy coordination among the euro–zone countries, which is analysed in this article, this interaction produces common standards for the assessment of the economic situation in the member states and guidelines on appropriate policy responses in particular budgetary and economic situations. In a situation, in which there is growing need for closer policy coordination but European Union member states are reluctant to transfer further decision–making competences to the supranational level, the mediation between diverging interpretations of the rather 'thin' formal constitutional norms governing the coordination process is crucial in order to ensure the overall stability of the coordination framework. Informal circles of ministers can therefore be a way out of the current institutional dilemmas arising from the attitude of national governments to move towards new areas of common engagement while being increasingly reluctant to transfer further formal decision–making competences to the supranational level.     

Accounting. Die Macht der Zahlen im gegenwärtigen Kapitalismus

Calculative schemes (e.g. gross national product, rate of unemployment, return on investment) are tools for the control of contemporary capitalist societies as well as means for its self-perception. Politically the power of numbers draws on its institutionally secured ability to define, respectively reconstruct, relevant ends and performance-parameters for organizations as well as individuals or entire systems of action. Moreover, the calculative practices of accounting represent socially and individually hardly contestable patterns, shaping or even constituting the construction of our selfs as well as constellations of social problems, being part of the overall constructive process of the world and attaching meaning to it. This article outlines relevant aspects of accounting-research in the Anglo-Saxon context on the level of organization, profession and the individual, and points to some theoretical shortcomings particularly of the so-called post-modern strand in this field. However, an analysis of the calculative practices of accounting will contribute to a better understanding of contemporary capitalism.     

Gender and Race in the South African Film Industry: A Comparative Analysis of the Representation in South African Film Festivals

The role and representation of female filmmakers globally have been topics of discussion but have not been researched in depth to help garner significant change, especially in the South African film industry. The role of film festivals like the Durban International Film Festival (DIFF) and Encounters help female filmmakers by giving them the platform to showcase their work as well as gain more recognition. However, the number of female filmmakers, and black female filmmakers in particular, are not recognised substantially at these festivals. South African box office reports also indicate that the film industry is dominated by white male directors and that not enough films are produced locally to meet up with the amount of international films that are screened at local cinemas, which is further indication that a gender and race discrepancy is prevalent. There is also the issue of female filmmakers being limited in the fiction film genre and as a result the film industry in South Africa and globally have more female filmmakers making non-fiction films than fiction films. This article will explore the issue of gender and race in the South African film industry, by focusing on the two biggest film festivals: DIFF and Encounters.     

Domestic politics,news media and humanitarian intervention: why France and Germany diverged over Libya

The European Union member states split over the military intervention in Libya with France, Germany and the UK voting differently in the United Nations Security Council. This article compares news media in France and Germany to better understand the foreign policy decisions of these key actors. Using a newspaper analysis of 334 articles, it shows that the German domestic debate started very late and was much less stable than the French debate. This supports arguments that Germany's decision-making was erratic. The analysis, however, also shows that the German debate was comprehensive and included an extensive discussion of the legitimacy of intervention. This fits in well with the traditional reluctance of German foreign policy elites to support military action.     

Delinquency as a symptom of adolescents' orientation toward status and success

In this paper, we follow the premise that delinquency in adolescence is a by-product of struggles with developmental tasks. In an empirical analysis of a survey of 1717 West German adolescents aged between 12 and 16, we found evidence that delinquency was associated with adolescents' conformity to society's standards of prestige and success. Data are presented that show a relationship between delinquency and inability to succeed at school, on the one hand, and failure to achieve full recognition of status and prestige in the peer group, on the other hand. The findings provide evidence that difficulties and problems connected with the integration into the network of academic performance, as well as difficulties and problems connected with recognition within the peer group, are associated with delinquency.This research was supported by the Center for Prevention and Intervention in Childhood and Adolescence at the University of Bielefeld, funded by grants from the German Research Association (Deutsche Forschungs-Gemeinschaft).Received Ph.D. in social psychology, from University of Münster, Federal Republic of Germany. Research interests: developmental problems in adolescence and prevention of problem behavior.Received Ph.D. in sociology from University of Hanover, Federal Republic of Germany. Research interests: research methods and problem behavior in adolescence.