The Changing Face of Corporate Liability – New Hard Law and the Increasing Influence of Soft Law

The first frameworks defining standards of human rights protection specifically for business enterprises were non-binding “soft law” like the UN Guiding Principles on Business and Human Rights. In recent times, a “hardening” of corporate human rights law has taken place. Several acts of “hard law” have been implemented at a national and EU level. This article provides an overview of the most important ones. The “hard law” provisions differ in their scope: some obligate companies to report on human rights, others stipulate concrete obligations to conduct human rights due diligence. Another way of tackling the issue of human rights compliance has been demonstrated by the prosecution of companies in the United States. While procedural guidelines abstractly stipulate an effective compliance system to be a mitigating factor, the US Department of Justice regularly defines concrete compliance obligations in deferred or non-prosecution agreements. This development could lead to comprehensive liability for negligence due to organisational and monitoring deficiencies. But who defines the standards? This article examines how the changing practice of human rights compliance may have “feedback effects” on hard law, particularly by changing the scale of negligence. Regarding the lack of effectiveness of some due diligence measures, especially in the “certification industry”, it is then asked how legislation may proactively exert influence by defining effective CSR instruments necessary to prevent civil and criminal liability. Using the example of German law, a proposal is made to implement an obligation of human rights due diligence in “hard law” and, simultaneously, set up an independent expert commission that drafts guidelines specifying the necessary measures for different kinds of companies.     

Entomological and Cardiologic Evidence of Time Since Death in Short Postmortem Intervals

Estimating the time since death of the deceased is a main goal in forensic investigations, but this can be challenging due to contradictory results derived from different investigations at the scene of death. We present a case of a 78‐year‐old woman, found dead in a small forest with broad‐leaved trees, whose husband had a history of domestic violence. Routinely performed investigations, such as postmortem rectal temperature and lividity, yielded inconsistent time since death results between only a few and longer than 20 h. This difficulty was most likely caused by high ambient temperatures of up to 38.0°C, which negatively influenced the informative value of the applied nomogram method. Additionally, performed entomological investigation of fly maggots (Lucilia illustris) recovered from the corpse and the assessment of heart pacemaker data revealed consistent and incontrovertible results. The presented case highlights the benefits of information provided by entomological investigations and data evaluation of cardiac implantable electronic devices and the combined use of the two techniques.     

Institutional Fragmentation, Institutional Engineering and the Development of Elderlycare and Childcare in Sweden

This article seeks to identify institutional causes behind policy-specific retrenchments in the Swedish welfare state. During the austerity period of the 1980s and 1990s, the Swedish welfare state simultaneously experienced retrenchments in some fields and stability or expansion in others. Elderlycare is an example of tremendous retrenchment and childcare one of continuous expansion. A comparison of both fields suggests that the divergent trends might be related to different policy-specific levels of institutional fragmentation in the implementation process. In elderlycare, implementation was strongly fragmented between the central and local government level, with the central government providing only weak overarching regulation and the local governments enjoying considerable local implementation discretion. As a consequence, in this field, local governments had enough discretion to impose local retrenchment measures in order to adapt to the conditions of austerity. In childcare, a similar development did not take place because in this field the municipal implementation autonomy was severely circumscribed by strong central state regulations. It is probable that the different institutional preconditions in both fields have been shaped intentionally by means of governmental institutional engineering. The decentralized decision-making structure in elderlycare might have allowed the central government to induce blame-avoidant retrenchments on the local government level.     

Political Involvement and the Development of Political Attitudes

Political socialization research so far has focused primarily on the direction of attitudes among children and youngsters. The preconditions for the development of political attitudes among these age groups have been neglected. In theoretical discussions cognitive development has been offered as a major prerequisite. In the article it is posited that political involvement is a second major prerequisite.
The effects of political involvement are examined with respect to four aspects of political attitudes among Danish school children: the ability to express attitudes, the correlation between indicators of a particular attitude, the stability of attitudes, and the correlation between different attitudes. Except for the stability of attitudes, results are clear. Political involvement is related to the formation of attitudes. The effect of political involvement is stronger than the effect of any of the traditional socio-economic variables ordinarily considered in socialization research.     

Policy Networks And Agricultural Policy Reforms: Explaining Deregulation In Sweden And Re‐Regulation In The European Community

Policy network analysis has been criticized for being unable to explain outcomes and change in outcomes. This article develops a theoretical network model which attempts to explain reform outcomes. It suggests that the success of reformers depends mainly on the policy network type existing in the sector in which they attempt to bring about change. If the network has a high degree of cohesion, then those network members who are subject to reform have power to defend the principles of the established policy. Consequently, only moderate policy reform occurs. On the other hand, if the network's degree of cohesion is low, then those who are subject to reform do not have the power to oppose reformers successfully. Therefore, reformers have opportunities to bring about fundamental policy reform. Differences in the cohesion of agricultural policy networks help to explain why the 1990 Swedish agricultural policy reform was more radical than the European Community's in 1992.     

Try Federalism

The present article follows up a previous study (Anckar 1998) which showed a strong association between size and party system fragmentation. The aim of the article is to see whether the explanatory power of size can, in fact, be attributed to a federal form of government. 77 countries with free party systems constitute the research population. The dependent variable has three components: number of parties, electoral support for the leading party, and the 'effective number of parties' calculated according to the Laakso-Taagepera formula. Preliminary tests reveal that federal states have a more fragmented party system than unitary states. However, when controlling for size, electoral system, the 'effective threshold,' and presidentialism, the results clearly show that federalism is overshadowed by size and also, to a lesser extent, by the effective threshold.     

Quangos—What's in a Name? Defining Quangos from a Comparative Perspective

Without definitional clarity the "quango debate" is inherently flawed and meaningful progress undermined. A possible solution to this problem is proposed in this article by way of a subsectional map which aims to clarify the quango topography. This accepts the diversity inherent in the quango debate while allowing for increased clarity and focused research. This, the authors believe, is the only way forward for practitioners, academics and policymakers working within the sphere of quasi-government. There is a need to address precise forms or subsections of the quango continuum as studies or reforms which focus on one type of quango would not necessarily work if applied to all quangos, or quangos in other countries.