Left and right among local elites: Comparative figures from Switzerland,Spain, Germany and the Netherlands

This paper examines whether or not the classical ideological cleavage — the left—right dimension — is still valid and determines the choices made in politics. It looks at the extent to which the left‐right concept features in the views of local elites in four European countries. A strong relation is found between the left‐right self‐placement of local elites and their party membership, their opinion about income distribution, the role of government and economic growth. The left‐right dimension is still relevant in the belief system of local elites, but does not determine day‐to‐day decisions. Six factors are discussed which might explain these findings: the validity of this research; the specific characteristics of local‐level policy making; differences between politicians and public administrators; the fragmentation of local politics; the theory on latent and manifest ideologies by Bluhm; and the consensus theory of Wildavsky. It is concluded that more research is needed to test the last two theories, because they seem to be the most promising.     

Steuerung jenseits von Hierarchie

The paper sheds new light on recent debates about governance and approaches contemporary problems of governing from the perspective of contemporary theories of power. The concept of “soft governing” is developed in order to capture horizontal mechanisms of power intentionally used to govern beyond formalised hierarchies characteristic of processes of governance. The paper describes in particular the horizontal forms of governing through discursive practices, argumentation and symbols and the ways in which they interact. The example of campaigns against female genital mutilation is introduced in order to illustrate possible forms of governing beyond hierarchy.     

善治与和谐——对政府治理视野下基本公共服务均等化“五W”模式的探讨

论文以政府治理为视角.尝试提出基本公共服务均等化的"五W"模式:即从"Who(实施的主体)、Whom(受益的对象)、What(实施的内容)、When(实施的时间)、Where(实施的地点)"五个方面具体分析公共服务均等化的内涵,认为政府治理的终极目标--善治与基本公共服务均等化在内涵上是一致的.论文在借鉴国外基本公共服务均等化经验的基础上,认为政府需要转变执政观念,加强社会管理与建设,遵循我国社会经济发展实际,因地制宜,确立不同区域公共服务均等化指标体系,逐步实现公共服务均等化,促进社会和谐发展.     

西班牙的反恐立法：基于刑事法视角的考察

随着国际反恐公约的发展和恐怖主义活动的持续发生,西班牙的反恐立法发生了迅速变化.从刑事法视角来看,西班牙的反恐立法包括犯罪和刑罚,刑事程序、刑罚裁量和执行、青少年刑法、被害人待遇等内客.恐怖主义行为具有极其严重的社会危害性,但是,反恐斗争不能侵害公民的基本权利,而应在司法控制之下充分尊重合法性原则和比例原则.     

Forensic DNA evidence and the death penalty in the Philippines

The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous convictions, can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 1994. Majority of death penalty convictions were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-conviction evidence, including DNA evidence.Because of the compelling nature of post-conviction DNA evidence in overturning death penalty convictions in the United States, different groups advocated its use in the Philippines. In one such case, People v Reynaldo de Villa, the defendant was charged with raping his 13-year-old niece that supposedly led to birth of a female child, a situation commonly known as ‘criminal paternity’. This paper reports the results of the first post-conviction DNA test using 16 Short Tandem Repeat (STR) DNA markers in a criminal paternity case (People v Reynaldo de Villa) and discusses the implications of these results in the Philippine criminal justice system.     

Bellamy on Dirty Hands and Lesser Evils: A Response

This article offers a response to Alex Bellamy's article 'Dirty Hands and Lesser Evils in the War on Terror'. It outlines deep errors in his claims about 'dirty hands' and 'lesser evils'. Essentially, these errors result from his failure to grapple with the complexity of dirty hands theory, coupled with his uncritical acceptance that dirty hands scenarios are essentially defined as a clash between a public and private morality. Furthermore, we argue that Bellamy's distinction between 'dirty hands' and 'lesser evils' is a spurious one since all dirty hands cases require a choice between lesser evils. In addition, we reject his claim that dirty hands makes no political sense. For illustrative purposes, we then briefly examine one problematic philosophical issue which needs attention if the notion of dirty hands is to be taken seriously. Finally, we demonstrate the usefulness of the concept of dirty hands by applying it to the issue of torture in the so-called 'war on terror'.