Why Judicial Control of Price Terms in Consumer Contracts Might Not Always Be the Right Answer – Insights from Behavioural Law and Economics

Regulators everywhere are confronted with the question of how to react to contractual pricing structures that serve to hide rather than reveal the real cost of goods and services and thereby abuse limitations in the cognitive competences of consumers. Given that sellers/service providers systematically make use of insights from behavioural sciences to refine their manipulative pricing techniques, regulators should also integrate scientific findings on human decision making to correct behavioural market failures through more tailored policy choices. A holistic approach regarding similar problems is still missing in the EU and the issue is often disguised behind a discussion on unfair terms control, which does not serve the purpose of finding a lasting solution. The aim of this article is twofold: first, to show the weaknesses of an ex post judicial control of pricing techniques, and second, to discuss policy tools which could counterbalance consumer biases on which the techniques rely.     

Children Fleeing Domestic Violence to Emergency Accommodations: Education Rights and Experiences

Domestic violence forces many families to flee to emergency accommodations. This article focuses on children’s experiences of schooling and life at confidential addresses, and to what extent their legal right to education in the face of domestic violence is safeguarded in practice. Data were collected from interviews with 20 children aged 6–16 with multiple relocations at Norwegian refuges for abused women. Interviews were coded using the constructive approach to grounded theory. Data were analyzed using Antonovsky's theory and interpreted within the context of Norwegian and international law, examining the rights of children to education versus the legal rights of abusers. The findings indicate that children’s rights to education and a life without violence may be sacrificed in favor of due process for abusers. The article suggests concrete protective measures to help safeguard these rights, and calls on policymakers and support agencies worldwide to rethink their policies and practice.

     

Estimation of sex by 3D CT measurements of the foramen magnum

The purpose of this prospective study is to investigate the value and accuracy of the measurements of the foramen magnum (FM) by using three-dimensional computed tomography (3DCT). Cases were randomly selected among 100 patients (48 males, 52 females) who had temporal CT in the Radiology Department. Seven measurements of the foramen magnum on 3D images, modified from the nine lines previously defined by Giles and Elliot were made. Using Fisher's linear discriminant functions test, the length and width of right condyle and width of FM diameters were found to be statistically different in each sex (p < 0.001) with 81% accuracy. To our best knowledge, this is the first report studying 3DCT measurements of FM, resulting with a sex determination accuracy rate of 81%. CT/3DCT can be reliably used in further investigations to provide basis for anthropometric and forensic issues.     

A history of Turkey’s AKP-Gülen conflict

Although organized independently, both the Justice and Development Party (Adalet ve Kalk?nma Partisi, AKP) and the Gülen Movement (GM) have primarily addressed the same base and acted as mediums of upward mobility for Sunni Anatolian conservatives. Targeted by the old secular establishment, AKP and GM forged a mutually beneficial relationship in 2000s, with the former’s political office reinforcing the latter’s social and bureaucratic power and vice versa. Nevertheless, with the demise of their common enemy, this marriage of convenience gradually turned into a brutal fight, as epitomized in the abortive coup of 15 July. This profile provides a critical history of AKP and GM relations, illustrating how and why the image of Gülenists has changed in AKP’s projection from a faith-based community to a terrorist organization.     

The 15 July abortive coup and post-truth politics in Turkey

Contemporary developments throughout the world have been marked by post-truth politics. Epitomized by a disregard for truth coupled with a reliance on emotive arguments, the term ‘post-truth politics’ has not yet been adequately reflected upon by political or social theory. This article uses Turkey’s 15 July (2016) abortive coup as an entry point to address this gap and argues that the post-truth has altered both the grammar and vocabulary of politics. The term denotes the contemporary shift from a ‘regime of truth’ to a ‘regime of common sense’, which also operates as the discursive ground of new populisms. While treating three contending narratives of 15 July – ‘kamikaze coup’, ‘staged coup’ and ‘controlled coup’ – this article focuses on the post-truth elements in the government’s narrative performance that obstructed the pursuit of truth and set the conditions for a particular interpretation of the events of 15 July.     

Sexual dimorphism in the humerus: a comparative analysis of Chinese, Japanese and Thais

Determination of sex from the skeleton is vital to medicolegal investigations. There is no longer any question that populations differ in size and proportions and these differences affect the metric assessment of sex. The extent of variation in sexual dimorphism among Asian Mongoloids within and between regions has not been quantified by discriminant function analysis, nor have standards for most groups been introduced for the humerus. Therefore, the purpose of this research is to establish metric standards for sex determination from the humerus of Chinese, Japanese and Thais, as well as to compare size and sexual dimorphism in these Asian Mongoloid populations. The database for this study consisted of documented skeletal samples from China (N = 87), Japan (N = 90), and Thailand (N = 104). Six standard dimensions, including maximum length, vertical head diameter, minimum midshaft diameter, maximum midshaft diameter, midshaft circumference, and epicondylar breadth were taken and subjected to stepwise and direct discriminant function analysis. Of dimensions selected by the stepwise function, vertical head diameter and epicondylar breadth were the only elements common to all three groups. Overall, mean accuracies were highest using formulae produced by the stepwise procedure and ranged from 86.8% in the Chinese to 92.4% in the Japanese to 97.1% in the Thais. Group comparisons also revealed that while the Chinese had the largest measurements, they were the least dimorphic. The reverse was true for the Thais and the Japanese were intermediate on both counts. In cross validation tests, classification accuracy decreased in all cases where a formula from one group was applied to another. It was therefore concluded even though all individuals were Asian Mongoloids, these regionally diverse populations exhibited significant metric differences that affect sex determination from the skeleton. These findings confirm those of previous studies that there is a need for group specific metric standards of assessment.     

Social Classes and the Neo-Liberal Poverty Regime in Turkey, 2002–2011

The Justice and Development Party (or AKP) era in Turkey has witnessed the emergence of a new welfare regime resting on voluntary public and private transfers. This system has been replacing the former welfare system in which the right to social welfare benefits was constitutionally guaranteed. The new welfare system has tended to distribute transfers on a selective and unequal basis. This article analyses the size and effects of this system using a social class-based analytical framework. In explaining class structure in Turkey, we use the official Household Budget Survey database. The results indicate a massive process of proletarianisation has taken place. Our results indicate that the working classes have constituted the majority of the poor. In this environment, the shares of voluntary public and private transfers in the incomes of households have been rising. For some classes, like rural unemployed, urban unemployed and agricultural labourers, these transfers have captured a very high share of the incomes. These transfers have also been distributed very unequally. Their share in the central budget has also been rising. All these point to the emergence of a new neo-liberal welfare (poverty) regime as part of a new labour control regime.     

Liberals and nationalism: E. H. Carr,Walter Lippmann and the Baltic States from 1918 to 1944

The Baltic states were among the ‘new’ states that were created after the First World War; they were the only states to lose their sovereignty during the Second World War. Most historians explain the birth and demise of the Baltic states in terms of their relative strength vis-à-vis the great powers. This article places the short-lived independence of the Baltic states into the perspective of intellectual history by focusing on two Western thinkers: E. H. Carr and Walter Lippmann. The analysis assumes that ideas matter in international politics. It adds to our understanding of the forces that led to the creation and later to the extinction of Estonia, Latvia, and Lithuania in the period of the two world wars.