East German Intelligence and Ireland, 1949–90: Espionage,Terrorism and Diplomacy

This article analyses the writings of a prominent German social and political theorist ‐ Jürgen Habermas ‐ on the process of (reunification in Germany and examines responses to his interventions by right‐wing thinkers opposed to his views. (Re)unification is a setting of rapidly developing and changing events which present a challenge to Habermas’ thinking. Put simply, Habermas is highly critical of the ‘rush towards (re)unification’ and the process which has followed it. In particular, he objects to attempts by right‐wing thinkers, predominantly historians, to rewrite German history and which elude German responsibility in respect of the horrors of the Holocaust. Equally, he has explicitly shown the links between questions of German identity and the rewriting of German history and argues that the only viable identity for Germany post‐(re)Unification is that of ‘constitutional identity’ and not national identity. His writings have, however, been the subject of sometimes vehement and vitriolic critiques and this article seeks not only to engage with these but also to examine the interventions of Habermas in relation to his earlier more theoretical writings.     

Campaigning for the Bench: The Corrosive Effects of Campaign Speech?

A new era has emerged in the ways in which candidates for state judicial office campaign. In the past, judicial elections were largely devoid of policy content, with candidates typically touting their judicial experience and other preparation for serving as a judge. Today, in many if not most states, such campaigns are relics of the past. Modern judicial campaigns have adopted many of the practices of candidates for other types of political office, including soliciting campaign contributions, using attack ads, and even making promises about how they will decide issues if elected to the bench. Not surprisingly, this new style of judicial campaigning has caused considerable consternation among observers of the courts, with many fearing that such activity will undermine the very legitimacy of legal institutions. Such fears, however, are grounded in practically no rigorous empirical evidence on the effects of campaign activity on public evaluations of judicial institutions. The purpose of this article is to investigate the effects of campaign activity on the perceived legitimacy of courts. Using survey data drawn from Kentucky, I use both post hoc and experimental methods to assess whether public perceptions of courts are influenced by various sorts of campaign activity. In general, my findings are that different types of campaign activity have quite different consequences. For instance, policy pronouncements by candidates do not undermine judicial legitimacy, whereas policy promises do. Throughout the analysis, I compare perceptions of courts and legislatures, and often find that courts are far less unique than many ordinarily assume. I conclude this article with a discussion of the implications of the findings for the contemporary debate over the use of elections to select judges to the high courts of many of the American states.