The Legality of Self‐Constitution

An influential strand in recent action‐theory employs constitutivist arguments in order to present accounts of individual agency and practical identity (and of the normative requirements that are constitutive of these phenomena). I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self‐constituting action and identity‐formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of individuals' self‐conceptions qua agents. More specifically, this argumentative strategy allows a reassessment of Fuller's “internal morality of law.” Whereas, pace Fuller, morally substantive conclusions cannot be derived from formal criteria of legality, there are unconditional normative requirements that constrain law.     

Die Zentralisierung der Staatstätigkeit in einer Referendumsdemokratie: Evidenz aus der Schweiz

Previous theoretical and empirical research has shown that policymakers have incentives to centralize government activities in order to weaken the competitive pressure of fiscal federalism. We argue that referendums reduce the possibilities for collusion among representatives and the ability of higher level policy-makers to attract additional responsibilities. Empirical results from panel data for Swiss cantons between 1980 to 1998 support this hypothesis. The centralization of government activity, measured by budgetary outcomes, is significantly reduced by a fiscal referendum. This holds in the case of public revenue and its components, but also for public expenditure, in particular public education spending.     

Forensic veterinary radiology: Ballistic-radiological 3D computertomographic reconstruction of an illegal lynx shooting in Switzerland

The lynx, which was reintroduced to Switzerland after being exterminated at the beginning of the 20th century, is protected by Swiss law. However, poaching occurs from time to time, which makes criminal investigations necessary. In the presented case, an illegally shot lynx was examined by conventional plane radiography and three-dimensional multislice computertomography (3D MSCT), of which the latter yielded superior results with respect to documentation and reconstruction of the inflicted gunshot wounds. We believe that 3D MSCT, already described in human forensic-pathological cases, is also a suitable and promising new technique for veterinary pathology.     

Japan's ikumen discourse: macro and micro perspectives on modern fatherhood

Ikumen is a buzzword that describes fathers who are actively involved in childrearing. This article focuses on the process in which the term ikumen and its meaning are diffused and investigates how soon-to-be fathers, themselves potential ikumen, view the ikumen discourse. Our endeavor is to grasp the transformation of father roles and the wider family in contemporary Japan through the public and individual engagement with the term ikumen. In this article, we combine macro and micro approaches to analyze ikumen as a discourse circulating in Japanese society and study the way in which the subjects of the discourse – soon-to-be fathers – view the ikumen discourse and interact with it. Utilizing an analysis of newspaper articles, we inquire into the process in which the concept ikumen became popular in Japan and the images that are affiliated with it. Through interviews, we then investigate how soon-to-be fathers as potential ikumen themselves perceive the term. Our results show the way in which an ikumen discourse emerged in Japan in opposition to the term kazoku sabisu, which since the 1970s describes the activities fathers engage in for the satisfaction of their families and fulfillment of social expectations. However, while the term is very popular in the media, the young families we interviewed see ikumen more skeptically. They both resist the popular discourse and adapt it into their construction of paternal identities through a differentiation between a strong versus a weak ikumen image.     

Simultaneous screening and detection of drugs in small blood samples and bloodstains

A gas chromatography-mass spectrometry (GC-MS) method is described for the screening and detection of morphine, codeine, cocaine, benzoylecgonine, methylecgonine, cocaethylene, delta-9-tetrahydrocannabinol (THC), 11-nor-9-carboxy-THC (THC-COOH), 11-hydroxy-THC (11-OH-THC), amphetamine, methamphetamine, 3,4-methylenedioxyamphetamine (MDA), 3,4-methylenedioxymetamphetamine (MDMA) and N-methyl-1-(3,4-methylenedioxyphenyl)-2-butanamine (MBDB) in small blood samples and bloodstains using solid phase SPE columns and a pipetting robot (Gilson Aspec XL). The detection limits are in the order of 1.62-4.10 ng/50 microl spot (amphetamines), 0.15-0.82 ng/50 microl spot (cannabinoids), 1.67-4.70 ng/50 microl spot (cocaine and derivatives) and 4.53-4.91 ng/50 microl spot (opiates) and the correlation factors are between 0.9957 and 0.9999. The method has proven useful in forensic cases with only small sample volumes or bloodstains.     

An alternative route of European integration: The community's railways policy

The process of European integration and policy‐making is sometimes rather puzzling. On the one hand, it is well documented that with respect to the implementation of European legislation member states tend to do less than they are supposed to do. On the other hand, it is striking that with respect to the implementation of the Council Directive 91/440 on the development of the Community's railways many member states went far beyond the minimum required by the European legislation. We argue that these differing evaluations of implementation success can be traced to different implementation approaches, which may be termed the ‘compliance approach’ and the ‘support‐building approach’. While the first is directed at prescribing domestic reforms from above’, the latter aims at triggering European integration within the existing political context at the national level. Here, successful implementation refers to the extent to which European legislation triggers domestic changes by stimulating and strengthening support for European reform ideas at the national level. In this respect, European legislation can influence the domestic arenas in basically three ways: by providing legitimisation for political leadership, concepts for the solution of national problems, and strategic constraints for domestic actors opposing domestic reforms.