The right,the good and the jurisprude

Legal philosophy must be based on a set of substantive political values about such fundamental matters as the nature of the political community and the meaning of human freedom. This general thesis is illustrated by the analysis of moral discourse about the justification and limits of liberty-rights and equality-rights.The most effective way of arguing about the liberal conception of individual liberties (consistent with the Millian Harm Principle) is by recourse to the priority of the right over the good. But this conception is little more than a restatement of the Harm Principle itself hence, a more fundamental justification for it is required. This can be provided by a substantive conception of equality of individuals as moral agents who are capable of choosing, pursuing and changing their own conceptions of the good, within the parameters of avoiding harm to others.In turn, the basic moral problem about equality-rights concerns the test of the discriminatory character of legal classifications. The insistence that immutable personal characteristics, such as race and sex, are prima facie discriminatory, can only be explained by an appeal to a notion of positive freedom: individuals should not be adversely affected by those characteristics over which they have no control.There is a significant parallelism in the discourse about liberty-rights and equality-rights: one is a mirror image of the other. This indicates that jurisprudence is incomplete without those more fundamental conceptions, such as equality of moral agents and positive freedom, and that a proper discourse about human rights is derivative from the ideal of a just society.I am grateful to Martin Krygier, Grant Lamond and David Mason for their helpful comments.     

Structural funds as a driver for institutional change in Poland

This article focuses on the impact of the implementation of European structural funds (SF) in Poland both on its administrative institutions as well as on civil society. It attempts to assess the system of distribution of SF developed by the Polish government, stressing features inherited from the communist regime, its effectiveness and the potential evolution of institutional arrangements. The article also examines to what extent implementation of the partnership principle, one of the rules of application of the SF, leads to the creation of new channels for participation and thus eventually contributes to mobilisation within civil society.     

Why rural crime and justice really matter

While it is true that in general urban crime is roughly three times higher than rural crime, over the last decades rural crime has increased at the same rate as crime in big cities. Whereas violent crime in large cities rose from 1966 through 1991 and then declined, rural rates drifted upward for the entire period. Moreover, some crimes are more prevalent in rural settings than in cities, while some others by definition cannot even be committed in cities at all (“rural-specific offenses”). Meanwhile, researchers have paid little attention to rural crime and justice. This is highly regrettable given that studying rural crime and justice can potentially contribute in very important ways both to criminological theory and to crime policy. This article deals with why it is important for researchers, the justice system, and society in general to pay greater attention to issues of rural crime and rural justice. Among the reasons discussed are statistical arguments defying popular misconceptions, arguments in the field of criminological theory, counterintuitive trends in rural crime, various disadvantages which rural areas suffer compared with urban ones, strategies for dealing with crime which must be adapted to the rural environment, and some others. Finally, both theory and policy implications are discussed, demonstrating that rural crime cannot be understood or controlled in the same ways as urban crime is. Author Note: Dr. Wojciech Cebulak recived his Master's in Law from Copernicus University in Torun, Poland, and his Ph.D. in Criminal Justice from Rutgers University. He has taught at Salem State College, Oklahoma State University, Kent State University, and is currently an Associate Professor at the Department of Criminal Justice, Minot State University, 500 University Avenue West, Minot, ND 58707. He has also been Project Director of the Research Partner/Crime Analyst Project Safe Neighborhoods (PSN) initiative for the District of North Dakota.     

Charter and Enlargement

Current debates about the contents, status, and the future role of the EU Charter of Fundamental Rights should have a stronger 'enlargement dimension': the constitutionalisation of Europe (with the Charter as its key element) and the EU enlargement should be seen as two interrelated (and, possibly, mutually supportive) phenomena rather than as two separate challenges which must be approached one at a time. There are two main aspects to this relationship. First, the Charter may be seen as a yardstick by which the human rights credentials of the candidate states will be tested. Second (the central focus of this article), one may ask whether the candidate states, once involved in the debate about the constitutional future of Europe, will bring any constitutional insights which may affect the articulation of Charter rights. It is argued, against the background of candidate states' recent experience of constitution-making, that these insights should be embraced rather than feared, and that the current member states should resist a temptation of adopting a paternalistic approach towards the candidate states as participants in the European constitutional debate.     

CMEA trade with the west ‐ present problems and future prospects

The severe and fast-evolving Ukraine crisis has required a great concentration of Russia’s political efforts and is having a massive impact on Russian policymaking, including in the Middle East. This region provides the best opportunity for Moscow to reassert its status as a key player in the global arena, and the deep fall of oil prices makes Russia particularly attentive to regional conflict developments. One of the main motivations for Russia is the pronounced desire to demonstrate its capacity to thwart US policy, but another is to prove its value to China as a strategic partner. Russia’s reach remains limited but it will continue to look for opportunities to make a difference.     

Rising crime rates amidst transformations in Eastern Europe: Socio‐political transition and societal response

Unprecedented and dramatic increases in crime rates in countries of Eastern Europe (data are available to document the increases for Poland, Bulgaria, Romania, the Czech Republic, Slovakia, and many of the former Soviet Republics) raise the issue of whether the political and social transformations that have been taking place in Eastern Europe must inevitably lead to social disruption and resulting crime increases. Since the nature of the phenomenon is historically unique (there has never been a similar revolutionary transition from socialism to capitalism), a new, unconventional, and innovative theoretical approach is needed to account for the phenomena being discussed here. Assuming that the transformations can be legitimately subsumed under the concept of ‘‘socio‐political process,’’ the purpose of the paper is to identify some basic and inherent characteristic features of the causal mechanism at work, specifically —?''How do the dynamics of the Eastern European socio‐political process explain the rising crime rates?'’ (''What causal factors inherent in the dynamics are responsible for the crime rises?'') Another issue to be examined is that because of the unprecedented nature of the process being talked about here, a different dimension of the socio‐political process theory must be realized and examined. The paper will be based on three hypotheses: 1. The Eastern European transformations imply a need for a new component of the socio‐political process theory (transition from socialism to capitalism, not vice versa as has historically been the case).

2. To the extent that crime is a product of socio‐political change, crime rates are bound to increase much more during a socialism‐to‐capitalism transition rather than during a capitalism‐to‐socialism transition.

3. Some inherent traits of socialism‐to‐capitalism transitions explain why crime rates increase much more during those transitions than during capitalism‐to‐socialism ones.

     

The Impact of Competing Institutional Pressures and Logics on the Use of Performance Measurement in Hybrid Universities

Abstract

This study contributes to the current debate on competing institutional pressures and logics and performance measurement practices in hybrid universities and examines how shifts in logics have affected performance measurement practices at the organizational and individual levels. It draws upon the theoretical lenses of institutional theory and adopts a longitudinal case study methodology based on participant observations and retrospective interviews. The findings show that universities and academic workers are affected by external pressures related to higher education that include government regulations and control of the state (state pressure), the expectations of the professional norms and collegiality of the academic community (academic pressures), and the need to comply with international standards and market mechanisms (market pressures). Academic workers operate in an organizational context in which conflicting conditions from both academic and business logics co-exist. The results indicate that institutional pressures and logics related to the higher education field and organizational context shape the use of universities’ performance measurement practices and result in diverse solutions. While previous literature has focused mainly on competing logics and the tensions they may generate, this study shows that, in a university context, potentially conflicting logics may co-exist and create robust combinations.     

Iatrogenic Burns of the Neckline in a Patient with Tetraparesis During Tracheotomy

The paper presents a case of an atypical iatrogenic complication after tracheotomy analyzed on the basis of the case dossier materials submitted to the authors by the court of justice to prepare a forensic medical opinion concerning the correctness of the medical procedure. A 37‐year‐old woman was brought by the ambulance service to the hospital with acute respiratory failure due to post‐tracheostomy tracheal stenosis. Tracheotomy was performed on an emergency basis. The patient suffered severe burns of the chest and neck. The experts concluded that the most probable cause of the incident was electrocautery‐induced ignition of the disinfectant used for cleaning the skin before the surgery. It was established that with correct handling of the procedure, the aforementioned incident should not have taken place. Therefore, it cannot be regarded as a normal complication inherent in the risk associated with the procedure, but as a consequence of a medical error.