Staging Science: Authoritativeness and Fragility of Models and Measurement in the COVID-19 Crisis

In the COVID-19 crisis, society pins its hopes on science to play an authoritative role in reducing uncertainty and ambiguity. But is science up to the task? This is far from self-evident. The demands on science in times of crisis run counter to the values of good, normal science. Crisis science needs to be fast, univocal, personalized, and direct, while normal science is slow, contentious, collective, and sensitive to complexity. Science can only play its atypical role if it is staged in the public arena. Some patterns of staging stand out: personalization, visualization, and connection to lived experiences. So far, the staging of science has been successful, but it is fragile. The COVID-19 crisis shows the potential of well-staged forms of alliance between science and policy, but when the general assumption is that scientists will “solve” societal “problems,” the staging of science has gone too far.     

Causation in negligence: from anti-jurisprudence to principle--individual responsibility as the cornerstone for the attribution of liability

Causation is one of the most esoteric and poorly defined legal principles. The common law standards of the "but for" test and common sense are, in reality, code for unconstrained judicial choice. This leads to a high degree of unpredictability in negligence cases. Changes to the causation standard following the torts reforms have done nothing to inject principle into this area of law: the concept of "appropriateness" is no more illuminating than common sense. Despite this, the trend of recent High Court decisions offers some prospect of clarifying the test for causation. Key themes to emerge are an increased emphasis on individual responsibility and the associated concept of coherency with other legal standards. This article examines the doctrinal reasons underpinning the increasingly important role of these ideals and suggests how they can be accommodated into the test for causation to inject greater coherence and predictability into this area of law.     

The legalisation of euthanasia in the Netherlands: lessons to be learnt

The euthanasia debate has been re-ignited by the decision of the Dutch Parliament to legalise the practice. This will make the Netherlands the first nation in the world to legalise euthanasia. This paper explains the key aspects of the legislation and considers whether it provides a viable model for reform.     

Federal-level Government Participation and State-level Electoral Performance: A Party-based Analysis of Land Elections in Germany, 1949–2017

To what extent does the federal political arena contaminate the regional one in Germany? Does a party’s position as government or opposition on the federal level have a systematic impact on its performance in Land elections? Land elections are often characterised as second order elections, but existing empirical studies that use real election data suffer from important methodological problems. Unlike previous approaches using survey data or comparing vote shares in regional and federal elections, we analyse contamination in two ways. First, we test whether a party’s role at the federal level has a systematic impact on gaining or losing office at the Land level. Second, we examine the vote difference of parties relative to their result in the previous election in the Land. Drawing on a complete dataset of all Land elections from 1949 to 2017, we find confirmation for two phenomena well known in comparative electoral studies. First, the anti-incumbency effect: government parties tend to lose votes. In the German context, as in many other multilevel systems, this is exacerbated by the second effect: contamination. Gaining power or votes on the Land level is very difficult when a party is in government on the federal level.     

Mitochondrial DNA control region population data from Macedonia

Mitochondrial DNA sequences of the entire control region were analyzed in 200 unrelated individuals from Macedonia. A total of 163 different haplotypes were found as determined by 177 polymorphic sites. The probability of a random match was calculated as 1:121 (0.83%). The basic phylogenetic structure of the Macedonian population as derived from its haplogroup distribution is in agreement with other West-Eurasian populations. Upon publication, the population data are going to be available in the EMPOP database (www.empop.org) [W. Parson, A. Dür, EMPOP—a forensic mtDNA database, FSI:Genetics 1 (2) (2007) 88–92; W. Parson, A. Brandstätter, A. Alonso, N. Brandt, B. Brinkmann, A. Carracedo, et al., The EDNAP mitochondrial DNA population database (EMPOP) collaborative exercises: organisation, results and perspectives, Forensic Sci. Int. 139 (2–3) (2004) 215–226.].     

Säkularisierung als Konflikt?

With reference to the religious and ideological changes in the GDR and East Germany we opt for a specific approach towards the process of secularization: It should be historically grounded, embedded in a theory of conflict and starting from the laypersons in the religious-ideological field. With reference to the theories of Max Weber and Pierre Bourdieu, we conceptualize the secularization process in East Germany as the result of a struggle over similar goods within a given social field. On the basis of interviews with East German families we differentiate three levels of such conflict: the conflict about membership, the conflict about world interpretation, and the conflict about ethics. Our thesis is that by positioning oneself towards these issues, the lines of conflict on the macro level attain subjective plausibility for individual actors. In this way the conflict between state and church translates into a - potentially permanent - process of subjective secularization. The reversal of this process is difficult, because under new circumstances it is more or less restricted to the level of world interpretation. For this reason the changes remain unstable.     

The moral status of wrongful life claims

A wrongful life action is a claim brought by a disabled child who asserts that but for a physician's negligence he or she would not have been born, thereby being spared the suffering of life. The action is inherently controversial because the alternative to an impaired life is non-existence. Lord Griffiths has described such claims as 'utterly offensive; there should be rejoicing that the hospital's mistake bestowed the gift of life upon the child.' This paper cuts through the rhetoric that the debate has generated and analyses whether there is a sound doctrinal basis for recognizing wrongful life actions.     

Sex Assessment from the Volume of the First Metatarsal Bone: A Comparison of Linear and Volume Measurements

Sexual dimorphism is a crucial characteristic of skeleton. In the last years, volumetric and surface 3D acquisition systems have enabled anthropologists to assess surfaces and volumes, whose potential still needs to be verified. This article aimed at assessing volume and linear parameters of the first metatarsal bone through 3D acquisition by laser scanning. Sixty‐eight skeletons underwent 3D scan through laser scanner: Seven linear measurements and volume from each bone were assessed. A cutoff value of 13,370 mm³ was found, with an accuracy of 80.8%. Linear measurements outperformed volume: metatarsal length and mediolateral width of base showed higher cross‐validated accuracies (respectively, 82.1% and 79.1%, raising at 83.6% when both of them were included). Further studies are needed to verify the real advantage for sex assessment provided by volume measurements.     

Designing to Debias: Measuring and Reducing Public Managers’ Anchoring Bias

Public managers’ decisions are affected by cognitive biases. For instance, employees’ previous year's performance ratings influence new ratings irrespective of actual performance. Nevertheless, experimental knowledge of public managers’ cognitive biases is limited, and debiasing techniques have rarely been studied. Using a survey experiment on 1,221 public managers and employees in the United Kingdom, this research (1) replicates two experiments on anchoring to establish empirical generalization across institutional contexts and (2) tests a consider-the-opposite debiasing technique. The results indicate that anchoring bias replicates in a different institutional context, although effect sizes differ. Furthermore, a low-cost, low-intensity consider-the-opposite technique mitigates anchoring bias in this survey experiment. An exploratory subgroup analysis indicates that the effect of the intervention depends on context. The next step is to test this strategy in real-world settings.     

The Impact of the ICTY Trials on Public Opinion in the Former Yugoslavia

If the impact of the ICTY in the countries of the former Yugoslaviawere to be measured exclusively by the poor public perceptionof the Tribunal that prevails, perhaps the best course of actionwould be to shut its doors without waiting for the end of itsmandate. The author tries, however, to show the more complexand multifaceted nature of the perception of the Tribunal atdifferent levels, in the different countries of the former Yugoslavia,as well as at different moments in time. His conclusion is thatthe ICTY should have done more to improve its image in the region,thereby making it more difficult for the local elites to distortand manipulate its message.