Is the internet an instrument of global democratization?

This article explores the hypothesis that people in less democratic nations will use the Internet newsgroups devoted to those countries as a relatively ‘safe’ form of political discussion and even protest. Also, it is expected that nationals of those countries living overseas will use these newsgroups to more openly discuss politics in those nations than they could otherwise do so. Before turning to a content analysis of the messages posted in non‐United States Usenet groups, the number of these groups and the levels of political discussion in them are quantified. The article quantifies the international usage of the Usenet as a first attempt to find some patterns in this usage that may be politically motivated. After all, many pundits imagine that the Internet will become the vaunted ‘global village’ and source of ‘grass‐roots democracy’, and not merely in the United States. An examination of the content of about 2500 messages in 41 Usenet groups then follows, with a view to establishing the following: how many messages are explicitly political; how many are in opposition to the current government; how many are pro‐government; whether they primarily serve as alternative sources of news; whether they are attempts to recruit people in the subject country and around the world into some sort of political action; and whether richer nations are more likely to have higher levels of discussion in their newsgroups than poorer ones. The findings conclude that newsgroups devoted to countries with lower levels of democratization have a much higher percentage of anti‐government messages than the newsgroups about nations that are more democratic.     

Der sogenannte Auffüllungsanspruch bei der Mietkaution – insbesondere in der Insolvenz

In einem rezenten Judikat hatte sich der OGH mit einer zentralen Frage zur Mietkaution zu befassen. Entscheidungswesentlich war, ob und aus welchem Rechtsgrund der Bestandgaber im Fall von Mietzinsrückständen die Wiederauffüllung der vom Bestandnehmer bestellten Kaution auf den ursprünglichen erlegten Betrag verlangen kann. Zu prüfen war dabei auch die Behandlung dieses Anspruchs in der Insolvenz des Bestandnehmers. Der Beitrag stellt die wesentlichen Aussagen der Entscheidung vor, analysiert ihre Konsequenzen kritisch und zieht Schlussfolgerungen für die Praxis.     

Should the Law Convict Those Who Act from Conviction? Reflections on a Demands-of-Conscience Criminal Defense

How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal breach, I argue that they ought to enjoy a justification defense. Acts of civil disobedience are not (morally) wrongful violations of the law for which an actor ought not to be blamed; rather, they are violations of the law that are not (morally) wrong in virtue of their illegality. It is the absence of wrongdoing, and not merely the absence of fault, that renders the conviction and punishment of those who perform acts of civil disobedience inappropriate.     

Intimate Partner Violence Control Scale: Development and Initial Testing

Although control has long been considered central to understanding intimate partner violence (IPV), there continues to be a notable lack of validated scales measuring control (e.g., Strauchler et al. Journal of Family Violence, 19(6), 339–354, 2004). The purpose of this study was to develop and empirically validate a brief assessment tool, the Intimate Partner Violence Control Scale (IPVCS), designed to measure control in the context of IPV. Data from a sample of male undergraduate and graduate students (n = 436) were used to examine the scale’s properties. After reviewing theoretical conceptualizations and measurement issues of control, psychometric properties of the IPVCS and results of exploratory hypotheses tests are presented. The availability of a brief and reliable measure of control offers a tool for professionals in the judicial system, for IPV victims’ advocates, and for human services workers in practice settings to adequately assess for control and fills a gap in this area of research and practice.