Fines and Justice Administration: The Experience of the Federal Republic of Germany

As part of the penal code revised in 1969, the Federal Republic of Germany increased its reliance on fines, including the introduction of day-fines, in lieu of short-term imprisonment for minor offenses. The previous trend toward the use of fines was accelerated by the requirement that courts order imprisonment only in exceptional cases. Traffic cases were particularly affected. The qualities of the offense and the absence of previous offenses, rather than an individualized study of the offender, continued to be the dominant criterium influencing the choice of a fine. The chief effect of day fines was higher amounts applied to the more affluent defendants; the amount of the fine appeared to have no effect on subsequent recidivism. For first offenders, fines were superior to imprisonment in avoiding reconviction. Day-fines were no more effective (but not less effective) than imprisonment in the instance of traffic offenses. Fines were superior to other sanctions for petty property offenders but not for career thieves.     

Documentation of torture and cruel,inhuman or degrading treatment of children: A review of existing guidelines and tools

The documentation of individual cases of child torture is of paramount importance to bring justice to, and help heal, individuals and sensitize societies. Our objective is to systematically review medical guidelines for the recording of individual cases of child torture or cruel, inhuman or degrading treatment (CIDT). We searched CINAHL, Embase, the Guidelines International Network, Lilacs, Medline, the National Guideline Clearinghouse, PsychInfo and all websites of the organizations participating in the updating of the Istanbul Protocol for guidelines or studies on how to document torture, CIDT or abuse in persons under 18 years. We did not find a comprehensive guideline that encompassed all aspects of the documentation of child torture, as does the Istanbul Protocol for adults. An expert opinion guideline on how to document sexual torture in children was found, and in addition we identified 13 consensus-based guidelines for the evaluation of abuse in children or specific aspects thereof. We strongly recommend a child specific, comprehensive guideline on the documentation of torture and CIDT in children.     

Is it Fair to Share? Perceptions of Fairness in the Division of Housework Among Couples in 22 Countries

This study explores the relationship between the actual division of housework and men’s and women’s perceived fairness in this regard. The central question is how the actual sharing of housework influences the perceptions of fairness in the division of housework. It is hypothesised that the perceptions of fairness differ between policy models. In countries where gender equality has been more present on the political agenda and dual-earner policies have been introduced, people are expected to be more sensitive to an unfair sharing or division of housework. By analysing the relationship between actual division of housework and perceptions of fairness in household work for 22 countries representing different family policy models, the study takes on a comparative perspective with the purpose of analysing the normative impact of policy. The analysis draws on data from the 2002 round of the International Social Survey Programme on family and changing gender roles. The results show that in countries that have promoted gender equality through the introduction of policies with an aim to promote dual roles in work and family, both women and men are more sensitive to an unfair division of household labour. The difference between perceptions in the different policy models is greater among men than among women, indicating that a politicization of the dual-earner family is more important for men’s equity perceptions than women’s.     

Identity and redistribution

This paper models the interaction between individuals’ identity choices and redistribution. Both redistributive policies and identity choices are endogenous, and there might be multiple equilibria. The model is applied to ethnicity and social class. In an equilibrium with high taxes, the poor identify as poor and favor high taxes. In an equilibrium with low taxes, at least some of the poor identify with their ethnic group and favor low taxes. The model predicts that redistribution is highest when society is ethnically homogeneous, but the effect of ethnic diversity on redistribution is not necessarily monotonic.     

Politicisation of the EU Budget: Conflict and the Constraining Dissensus

The current political climate in the European Union, referred to as the ‘constraining dissensus’, may place negotiations on the multiannual EU budget centre stage. Media framing of EU budget negotiations as conflict between member states may reinforce the constraining dissensus by resonating with exclusive national identity. In contrast, media emphasis on conflict within or across member states may alleviate the constraining dissensus by strengthening cross-cutting cleavages. This study tests hypotheses about patterns in politicisation of the EU budget in three budgets (Delors II, Agenda 2000, Financial Perspectives 2007–2013), three countries (the Netherlands, Denmark and Ireland) and two forums (media and national parliaments). It finds predominant international conflict framing, especially in media. Thus, media coverage of EU budget negotiations likely reinforces the constraining dissensus. However, as debates intensify, the constraining dissensus may be loosened through more pluralist framing in the debates. Further comparative empirical research into the dynamics of politicisation is called for.     

Einwegkunststoff im Fokus des Gesetzgebers

Natur und Recht - Im Lichte der Richtlinie (EU) 2019/904 über die Verringerung der Auswirkungen bestimmter Kunststoffprodukte auf die Umwelt hat der nationale Gesetzgeber eine neue...     

A Robust Vision of Europe

The sovereign debt problem in Europe, ignited by Greece, has morphed into an economic crisis challenging the solvency of major banks and countries as well as a generalized crisis of governance. Lacking the legitimacy of public support, the leaders of the European Union's fledgling institutions have been indecisive and unable to contain the looming danger of financial contagion. Along with the economic slowdown in the United States, instability and volatility in Europe threaten to derail the fragile global recovery. In this section, several former European leaders as well as political figures from the emerging economies offer their ideas on how to fix Europe and stem the global threat.