National Constitutional Jurisprudence in a Post‐National Europe: The ESM Ruling of the German Federal Constitutional Court and the Disavowal of Conflict

In its pending decision on the constitutionality of the European Stability Mechanism and Fiscal Compact, the German Federal Constitutional Court (FCC) has recently ruled on several applications for temporary injunctions against the transposition of these instruments. The problem of democratic self‐determination under the constraints of monetary integration has been a main concern in the ruling. Yet, the democracy‐safeguards the FCC has prescribed are parochial in not considering their impact on other EU Member States, and the Court's view of autonomy is skewed towards the issue of spending. Both concepts are at odds with the current level of transnational interdependence, which the FCC as relay to ‘integration by stealth’ has facilitated during two decades of EU‐jurisprudence. Constitutional jurisdiction should acknowledge its role in this state of affairs and fortify its effort in building judicial networks of deliberative exchange to overcome outworn parochialisms.     

Russia and south Africa in the nineties

Extracts from a paper presented at the Russian Academy of Sciences, Institute of Universal History, Centre for African Studies and at the Moscow State University, Institute of Asian and African Studies, Centre for African History.     

A study of amnesia in homicide cases and forensic psychiatric experts' examination of such claims

About one third of defendants in homicide cases claim amnesia during the time of their alleged act. Examining the authenticity of claimed amnesia is a special challenge for forensic experts. Because the experts' conclusions have legal implications, it is useful to study the characteristics of defendants who claim amnesia regarding a homicidal act and how forensic experts assess these defendants' claims. The forensic psychiatric reports from 2001 to 2007 on 102 Norwegian defendants charged with homicide were assessed quantitatively with a structured rating form. Due to multiple comparisons p of .003 was chosen. Twenty-six defendants claimed partial and 17 claimed total amnesia. No significant differences in the characteristics of the defendants were found between the partial, total, and no amnesia claiming groups. Claims of partial or total amnesia did not change the procedures and content of the forensic experts' examination. A memory test was applied in only one case. Despite the seriousness of the crime and the difficulty of assessing amnesia, the experts did not apply psychological testing of memory function or appropriate tests of possible malingering. Guidelines or standardized procedures for evaluation of defendants who claim amnesia should be developed. This could eventually contribute to more reliable and valid evaluations by forensic experts and increase the probability of just court outcomes.     

Richard Rorty und die Reanimation des Pragmatismus im „Zeitalter der Komposition“

In recent years, pragmatism is experiencing a renaissance. Classic authors like George Herbert Mead, William James or John Dewey are entering sociological discussions and neopragmatistic approaches as the actor-network theory or the sociology of conventions are gaining influence. But under what social circumstances is the reanimation of pragmatism happening and what analytical use do pragmatistic tools have? In order to answer this research question the article develops a general model of social order that distinguishes between the states of collision, composition, institution and deconstruction. On this basis, a social diagnosis is articulated, making the currency of the pragmatistic vocabulary understandable. It appears that pragmatism is focused on experimental, creative and hybrid processes of becoming that are typical for the current age of composition. With the help of the often neglected Richard Rorty, the added value of a pragmatistically-informed sociology is shown in an exemplary manner. Therefore, Rorty is introduced as an integrating figure of pragmatistic ideas, from which important impulses for a Darwinian, relational, symmetrical and ironically-engaged sociology could exert.     

Namibia's national assembly and presidential elections 2009: Did democracy win?

National Assembly and presidential elections were held in Namibia on 27 and 28 November 2009. The former liberation movement South West Africa People's Organisation (SWAPO) once again secured an overwhelming majority of votes, which consolidated its de facto one-party rule. But the build up to these elections, the contestation by a newly established party and the disputed election results indicated a growing polarisation and a totalitarian tendency, which dents the positive image hitherto associated with Namibian democracy. This election analysis summarises features before, during and after the elections and puts the voting results into a party political context.     

FDI Liberalisation,Firm Heterogeneity and Foreign Ownership: German Firm Decisions in Reforming India

The paper investigates the role of firm-level productivity and industry-level R&D for multinational enterprises' (MNEs') choice of undertaking foreign direct investment (FDI), and the share of ownership in foreign affiliates. Two firm-specific datasets on German MNEs with varying equity stakes in Indian affiliates are used to account for the two-step decision process. The paper also analyses how German firm decisions were affected by the liberalisation of FDI regulations in India. Results show remarkable differences between the selection and the ownership share equation, and also between the pre-reform and post-reform periods. The evidence clearly reveals the trade-offs involved in selective FDI approvals and foreign ownership restrictions.     

Characteristics of Domestic Violence Offenders: Associations with Childhood Exposure to Violence

Many women are abused by intimate partners, millions of children witness such acts, and many of these children are physically abused. Children who are exposed to violence often evidence difficulties, including violent behavior, as adults. One hypothesized mode of intergenerational transmission is modeling. There is evidence that witnessing and/or experiencing violence are related to different patterns of abusive behavior and, perhaps, psychopathology, but the extent of the relationship is unclear. This study examined differences in generality, frequency, and severity of violent offenses, nonviolent criminal behavior, and psychopathology within a battering population of 1,099 adult males with varying levels of exposure to violence as children. Generality, frequency, and severity of violence and psychopathology all increased as level of childhood exposure to violence increased. Modeling theory was supported by the findings that men who witnessed domestic violence as children committed the most frequent domestic violence, and men who were abused as children were more likely to abuse children. Men who were abused also committed more general violence.