Automated communication and basic rights

Nowadays communication does not necessarily originate from humans, but also from “machines” such as “social bots” or “things” in the Internet of Things. From a basic rights perspective, this phenomenon raises the question if such communication benefits from the same level of protection as communication created by human beings. With regard to the basic rights of the Grundgesetz, the Federal Constitutional Court for years has been excluding some forms of communication from the scope of protection as not needing or deserving protection. The ratio of these decisions must not be applied to cases of automated communication without noticing possible differences. Automated communication can mostly be linked to the human beings or legal entities applying it. Therefore, its prohibition or regulation is a matter of proportionality of infringements with fundamental rights.

     

The effects of physical effort on police officers' perception and aggression in simulated shooting incidents

Abstract

In the present experiment the effects of physical effort on police officers' aggression and perception in simulates shooting incidents were investigated. Based upon Kahneman's (1973) variable-allocation capacity model it was hypothesized that physical effort will result in a decease in aggression towards aggressive offenders. Based upon Kahneman's model and Easterbrook's (1959) Cue-Utilization-Hypothesis it was further expected that this decrease in aggression will be caused by an incorrect judgement of the aggression of aggressive offenders (and not by an impaired perception). The findings confirmed these hypotheses.     

Justice as fairness and bad luck

Abstract

One major way of arguing for the moral attractiveness of luck egalitarianism is indirect; it consists in showing that the view follows from competing views on distributive justice which one actually endorses. Kasper Lippert-Rasmussen (KLR) claims that luck egalitarianism is indirectly supported in this way by Rawls’s intuitive argument for the difference principle. That argument begins by asserting that the impact of social and natural contingencies on distributive shares is unjust. After clarifying the notion of indirect support, I argue against KLR’s claim. Whether the argument goes on to support luck egalitarianism is a matter of interpretation which can only be decided by looking closer at what Rawls has to say about the difference principle than KLR’s own treatment of the argument allows. In its most plausible reading, the intuitive argument veers away from luck egalitarianism in favor of a non-egalitarian view of the difference principle as a principle of compensating advantage. On this view, inequality due to bad luck is not in any respect unjust when the least advantaged cannot be made better off under alternative arrangements. In conclusion I explain why there are good reasons of fairness to understand the difference principle in this way.     

Towards an EC directive on plant breeder's rights?

Legal context: Although ‘Brussels’ has established many Directivesand Regulations in the field of IP law during the last two decades,there is still no Council Directive on plant breeder's rights. Key points: The article first examines the current national plant varietyprotection laws in force in the EC Member States. It then focuseson some figures with regard to national applications and Communityapplications for plant breeder's rights filed in the years 2001–2005.Subsequently, it discusses a number of optional provisions laiddown in the 1991 UPOV Convention and it points out the manydifferences in national laws that result from this UPOV text.In particular, it draws attention to national differences withregard to the protection of products made directly from harvestedmaterial, the farmer's privilege, and the term of protection. Practical significance: The article concludes that national applications for plant varietyprotection still play a significant role next to Community applications.It argues that the establishment of a Directive would be worthconsidering, as the differences between the laws of the MemberStates lead to barriers to the free movement of goods and toa distortion of the conditions of competition on the commonmarket.     

The Dematerialization of Print and the Fate of Copyright

This paper contends that copyright is a product of the invention of print. Before that time, writings were seen as part of the common heritage of humanity and if someone copied a book by hand they deserved the right to own the copy. The digitalization of not only print, but also intellectual products such as music, graphics and video has caused problems more deep-seated than many copyright lawyers would admit to. In fact, a paradigm shift has occurred with information at the core. The older paradigm comes from the world of Descartes and Newton and focuses on material things. The legal system of that era correspondingly focused on material things, making it impossible to own, possess or have any other real right in incorporeals. To cover intellectual property a special subsystem of law was designed which is now starting to show the strain. It is argued that information ages quickly and by over-protecting it one loses the value of the asset. Power and wealth will come from transmitting and adding value to information. In this regard personal rights might be more valuable than real or intellectual property rights, unless the latter adapts to change more rapidly.     

Does Sanskrit Knowledge Exist?

This paper addresses the near impossibility of writing the social history of knowledge production in India. It also considers the question of the historicity of Sanskrit traditions. It concludes with pointing at a major lacuna in the SKS project, namely the examination or ritual and religious knowledge.     

Pragmatic internationalism: public opinion on South Africa's role in the world

This report of a public opinion survey on South Africa’s foreign policy did not attempt to gauge South Africans’ knowledge about specific issues in international politics, but rather their underlying attitudes, specifically their foreign policy postures. After providing a brief overview of the scholarly debates about the role of public opinion in foreign policy analysis, we contextualise the nature and methodological approach of the survey. Thereafter we organise the article according to three key themes that illuminate ‘ordinary’ South Africans’ foreign policy postures and how South Africans view their country’s international identity. These themes include, first, debates about what the purpose of our foreign policy should be; second, the country’s international role; and third, who South Africans consider to be our allies and role models. Finally, we distil possible patterns emerging from the survey into a posture that we relate to two concepts: ‘pragmatic internationalism’, and a ‘middle power role’.     

“Prison doesn’t stop them” Orchestrating criminal acts from behind bars

This article is about crime entrepreneurs that manage to organize criminal acts in the outside world, while being imprisoned. An examination of police intelligence on 13 cases, the Dutch penitentiary law, visits to two prisons and interviews with prison and law enforcement staff leads to the conclusion that for criminal leaders, whose most important tool for committing crimes is communication, there are a lot of possibilities, and little thresholds, for managing their criminal organisation from prison. The paradigms of reintegration of criminals and internal security in prison dominate the design of Dutch prison regimes. As a result, there are many opportunities for prisoners to communicate with the world outside. The findings of the case study are set against the theoretical background of the routine activity approach (R.A.T.). This theory provides a suitable conceptual framework to explain the forms of criminal behaviour found in the case study and it invites giving recommendations for situational crime prevention. An important notion for understanding the problem of crime that is organized from behind bars, that applying R.A.T. led to, is the physical distance between the ??motivated offender?? and his ??target??. In other words, the offender is imprisoned and his target is somewhere outside. This means that the guardians that keep an eye on the intellectual offender are others than the guardians that observe the actual offender and the target. For detecting crime organized from prison, a good monitoring of communication of the prisoner and his potential helpers and sufficient exchange of information between the different guardians is essential. Possible preventive measurements can be found in the reduction of communication channels.