当代侵权法比较研究

侵权法在两大法系中所采路径截然不同、风格各异,这一特点与具体规则模式和一般原则模式之间的现代法律理论的区别是相伴而生的。比较侵权法的焦点主要不是实体问题,而是侵权法的基本结构和模式问题。在侵权法的诸多具体制度上,两大法系远比普遍认为的那样更为相近,二者之间并没有不可逾越的障碍和差别。     

Belief in a Just World as a Resource of Victimized Students

In a cross-sectional questionnaire study with N?=?2593 German students, aged between 12 and 17 years (M?=?14.1, SD?=?0.5), we investigated the relation between students’ personal belief in a just world (BJW) and their victimization in bullying situations. According to the just-world theory and research, we expected that the more strongly the students endorsed the personal BJW, the less likely they were to report being victimized by other students. We aimed to extend previous findings that failed to confirm this negative relation by considering students’ personal experience of teacher justice as a possible mediator in this relation, while statistically controlling for sex and school type. We further considered the nested data structure with regard to school classes in our analyses. The results of latent mediation analyses at the individual and group levels showed that the more the students endorsed personal BJW, the more they evaluated their teachers’ behavior toward them personally as being just, and the less likely they were to report that they were bullied. However, the students’ personal experience of teacher justice did not mediate the relation between personal BJW and victimization at the individual or group level when controlled for sex and school type. We discussed the adaptive functions of BJW and implications for future school research and practice.     

Information exchange networks at the climate science‐policy interface: Evidence from the Czech Republic,Finland, Ireland,and Portugal

Scientifically informed climate policymaking starts with the exchange of credible, salient, and legitimate scientific information between scientists and policymakers. It is therefore important to understand what explains the exchange of scientific information in national climate policymaking processes. This article applies exponential random graph models to network data from the Czech Republic, Finland, Ireland, and Portugal to investigate which types of organizations are favored sources of scientific information and whether actors obtain scientific information from those with similar beliefs as their own. Results show that scientific organizations are favored sources in all countries, while only in the Czech Republic do actors obtain scientific information from those with similar policy beliefs. These findings suggest that actors involved in climate policymaking mostly look to scientific organizations for information, but that in polarized contexts where there is a presence of influential denialists overcoming biased information exchange is a challenge.     

Biogasanlagen – Herausforderungen für das Umweltrecht

Ohne Zusammenfassung     

Scripted Messengers: How Party Discipline and Branding Turn Election Candidates and Legislators into Brand Ambassadors

Political parties with strict party discipline are well-placed to demand that their election candidates and legislators promote the party brand. The franchise-franchisee relationship causes representatives to relinquish individual expression in exchange for centralized party messaging. This article looks at how a strategic desire for party unity combines with internal brand management to turn lower-ranking politicians in a parliamentary system into party brand ambassadors. Our Canadian case study draws on in-depth interviews with party leaders, Members of Parliament, political staff, candidates for office and prospective candidates. The implications for representative democracy in a Westminster system are considered, including the representational constraints for racial and sexual minorities.     

Explaining School Corporal Punishment: Evangelical Protestantism and Social Capital in a Path Model

School corporal punishment is associated with many negative outcomes. This research explores the antecedents to the practice and prevalence of school corporal punishment. A series of regression models indicated that two variables were significant predictors of a state’s practice of school corporal punishment: rate of evangelical Protestant adherents and social capital. A path analysis indicated that these two variables significantly predicted the rate of school corporal punishment in practicing states. The path analysis also revealed a significant and negative relationship between rate of evangelical Protestant adherents and social capital, but no relationship between rate of mainstream Protestant adherents and social capital. A mediation analysis indicated that social capital serves as a mediating variable between evangelical Protestantism and rate of school corporal punishment. Practical and theoretical implications are discussed.     

Introduction: The (Ab)use of Language in Legal Discourse

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -