Imperial Metaphors and Native Savagery: Law’s Imagery,Crime and Empire

For all of law’s emphasis on its originary claims, this article argues that modern law has always been heavily dependent on categories and a set of images and metaphors for constituting identities. The presence of a racialised Other in the written, verbal and visual form all reveal striking parallels in the metaphorical forms used in the categorisation of people in temporality. In essence, law’s commitment to principles of universality and equality, is practically sustained only by the reinvented and rationalized exclusions of racial particularity, and hierarchies of otherness, which are variously exotic, dangerous and irredeemable. What is clear from this binary division is that the processes of criminalizing the unruly heathens, the wayward savages and the lower strata in the early nineteenth century, was part of a process of knowledge production which drew heavily upon key images of morality and of pathology. Such a stratum, as in the parallel process in the colonies amongst the criminal savages, was anxiously understood through a proliferation of stereotypes and labels imbued with this threatening menace. This article further explores how this imagery was policed and disciplined, and also opens up the possibility to assess how these images impart the same mythic forces in the ongoing acts of violence and specters of postcolonial imperialism that persist in its new global forms. This article aims, to reveal that legal forms and identities, far from being stable in their construction, are inherently unstable, and remain forever in an ambivalent relationship to the things being constructed and those engaged in the construction.     

Zur materiellen Gewaltentrennung zwischen Justiz und Verwaltung – im Besonderen: Zum Funktionsvorbehalt zugunsten der Verwaltung

Die Einsicht, dass die ?sterr Bundesverfassung die Staatsfunktionen Gerichtsbarkeit und Verwaltung nicht nur organisatorisch voneinander trennt, sondern ihnen auch je einen Kreis spezifischer Aufgaben zuweist, hat sich in der Doktrin nur z?h und schrittweise ausgebreitet. Nach wie vor ungekl?rt sind die Grenzlinien einer solchen materiellen Gewaltentrennung; insb für die Verwaltung wurde bislang noch kein klar abgegrenzter Aufgabenkreis herausgearbeitet. Den bisherigen, weithin nebelhaften Vorstellungen einer materiellen Gewaltentrennung zwischen Justiz und Verwaltung wird in der vorliegenden Studie die These einer weitgehend pr?zisen Abgrenzbarkeit im Wege der sog Versteinerungstheorie entgegengestellt.     

Offshore-Windfarmen in der Ausschließlichen Wirtschaftszone

Ohne Zusammenfassung     

Becoming ‘European’ through police reform: a successful strategy in Bosnia and Herzegovina?

Police reform plays a key role in Bosnia and Herzegovina’s internationally-supervised statebuilding process. It is one of the four key conditions to move the country closer to its European future. Against this background the article analyses the role that the European Union Police Mission (EUPM) plays in preparing Bosnian police agencies for this challenge. Using as guiding tools some of the key elements of the Mission’s leitmotif—local ownership, European police standards—the article comes to the conclusion that EUPM has introduced much needed reforms but these have been overshadowed, among other things, by the police restructuring process and its unnecessary politicisation of “European police standards/practices” to fit a model of statehood not shared by all local stakeholders.

---

Heinrich Freiherr von Lersner/Konrad Berendes/Michael Reinhardt (Hrsg.): Handbuch des Deutschen Wasserrechts

Ohne Zusammenfassung     

Uncertainty and the use of force among Venezuelan police officers

Literature often emphasizes the use of force as a distinctive feature of police work, while risky encounters and uncertainty are conditions under which such work is carried out daily. Conditions leading to the use of force by the police have been associated with the presence of menacing minorities, losing verbal control, the youth and lack of experience of officers, and critical physical proximity between officers and suspects. Additionally, defiance towards the police has often been linked to increased force used by the police. It is here proposed that uncertainty also fosters police officers’ dispositions to use force. In this study, four focus groups were conducted with officers from two Venezuelan municipal police departments in October 2003, presenting a hypothetical scenario progressing from contact with suspects towards an open confrontation involving a shooting. Officers perceived, through different phases of the scenario, an encounter of no easily predictable outcome with suspects, involving potential harm to the police and bystanders. A pattern seemed to appear among officers in which overcoming real or assumed resistance became the central issue. When physical confrontation with suspects became evident, self defence was the clearest justification for the use of force, though the use of force was also defended by officers without further elaboration on the requirements and conditions for effectively thwarting aggression. It appears that uncertainty about the outcome of a situation fosters both the disposition and the justification for using force.

---

The Impact of Prejudice Screening Procedures on Racial Bias in the Courtroom

The current study examines the impact of the challenge for cause procedure and its effectiveness in curbing racial prejudice in trials involving Black defendants. Participants were provided with a trial summary of a defendant charged with either drug trafficking or embezzlement. The race of the defendant was either White or Black, with participants in the Black defendant condition receiving (prior to the trial presentation) either no challenge, a close-ended standard challenge, or a modified reflective pretrial questioning strategy. Overall, the results revealed an anti-Black bias in judgments. While the closed ended challenge did little to reduce this bias, the reflective format demonstrated a reduction in racial bias. Theoretical and applied implications of these findings are discussed.

How does initial public financing influence private incentives for follow-on investment in early-stage technologies?

One common rationale supporting public financing programs for small firms is that initial public investment creates incentives for follow-on private investment. However, there does not appear to be a unified statement in the literature describing how initial public investment creates incentives for follow-on private investment. Focusing on external private investors, we use a two-stage net present value model to identify four effects from initial public investment on the private decision for follow-on investment. Our empirical analysis uses a sample of non-venture backed firms entering the SBIR program to examine how reduced risk, the number of SBIR awards, and size of initial public investment influence the likelihood of follow-on venture capital investment. We find the probability of follow-on venture capital investment is more likely when firms reach Phase II of the program, is less likely as firms win multiple Phase I and Phase II awards, and is more likely as the size of initial public investment in Phase I increases.