Alive and well: the good faith principle in Turkish contract law

Good faith is a principle prominent in civil law countries but less so in common law countries, and which allows courts to deviate from black letter law. It provides them with flexibility to change the outcome of a deductive legal decision if they regard it as absurd. The principle of good faith thus empowers the judiciary to deviate. It can be used for an indefinite number of cases and might lead to almost all conceivable legal consequences. For instance, the judge can invalidate the contract, change the price, suspend or change a clause in the contract, or grant injunctive relief, compensation of damages, the disgorgement of profits or a removal claim. We argue that if the principle of good faith is used to develop contract law into an instrument for redistributing wealth in favor of poor parties, this can destroy the concept of contract as a social mechanism for generating mutual gains for parties, which might lead to unwanted economic consequences in terms of efficiency losses. We argue that the principle of good faith must be carefully and reluctantly used to reconstruct the fully specified contract and that well-informed judges, who understand the factual environment of a contract well should ask how fair bur self-interested parties would have allocated the risk in a pre-contractual situation. If the courts restrict the application of the good faith principle to these functions, this provides elasticity that otherwise would not exist if courts would strictly use the rules laid down in black letter law. Moreover, it saves transactions costs and is therefore in line with economic reasoning. We look at the most important Turkish cases and find that the Turkish Supreme Court following Continental European doctrines of good faith actually uses this principle to curb opportunistic behavior of parties and not to achieve redistribution from the rich to the poor by way of interfering into contract law.     

Youth hate crime offending: the role of strain,social control and self-control theories

Much of the existing research on hate crime focuses on the perspective of victims, while relatively little is known of the offenders. This study examines the prevalence of hate-motivated offending in the form of assaults and bullying, and variables that may explain some of the influences for such behaviour. It compares hate-motivated offenders to both non-offenders and offenders committing non-hate-motivated acts. Our data are based on a nationally representative youth survey collected in 2012 (n = 4,855) from Finnish students attending ninth grade (ages 15–16). It relies on three central theories in criminology: strain, social control and self-control theories. Frequent parental fighting, low parental supervision, low social control and male gender were significant factors in explaining hate crime offending. Our results suggest that the three criminological theories are relevant in the analysis of hate crime offending among Finnish youth.     

Consensus Decisions and Similarity Measures in International Organizations

Voting behavior in international organizations, most notably in the United Nations General Assembly (UNGA), is often used to infer the similarity of foreign policy preferences of member states. Most of these measures ignore, however, that particular covoting patterns may appear simply by chance (Häge 2011) and that these patterns of agreement (or the absence thereof) are only observable if decisions are reached through roll-call votes. As the relative frequency of roll-call votes changes considerably over time in most international organizations, currently used similarity and affinity measures offer a misleading picture. Based on a complete data set of UNGA resolution decisions, we demonstrate how taking different forms of chance agreement and the relative prevalence of consensus decisions into account affects conclusions about the effect of the similarity of member states’ foreign policy positions on foreign aid allocation.     

Fatal aviation accidents in Lower Saxony from 1979 to 1996

So far no national or regional studies have been published in Germany regarding the number of fatal aviation accidents and results of autopsy findings. Therefore, we evaluated all fatal aviation accidents occurring in Lower Saxony from 1979 to 1996. A total of 96 aviation accidents occurred in this period involving 73 aeroplanes. The crashes resulted in the death of 154 people ranging in age from 19 to 68 years. The greatest number of victims in a single crash of an aircraft was (n=7). Other types of fatal accidents were crashes of aircraft and helicopter while on the ground (n=5), hot-air balloons (n=2), parachutes (n=10), hang glider accidents (n=5) and the striking of a bystander by a model airplane. Autopsies were performed on 68 of the 154 victims (44.2%), including 39 of the 73 pilots (53.4%). Some of the autopsies yielded findings relevant to the cause of the accident: gunshot wounds, the presence of alcohol or drugs in blood and preexisting diseases. Our findings emphasize the need for autopsy on all aviation accident victims, especially pilots, as this is the only reliable method to uncover all factors contributing to an accident.     

Offending,drug abuse and life chances—a longitudinal study of a Stockholm birth cohort

There are many factors, both empirical and theoretical, which indicate that drug abuse can play an important role in explaining the links between criminality and life chances when viewed from a life-course perspective. In this article, we examine the links between crime and drug abuse and social inclusion and exclusion in adult life, and look at whether there are gender-specific patterns in these regards. The Stockholm Birth Cohort database allows us to follow a birth cohort born in 1953 to age 56. The results show that drug abuse is central both to processes of continuity in and desistance from crime and to life chances in adulthood. For the adult outcomes that relate to work and health, we also note a tendency towards polarization; the size of both the relative and the absolute differences between the comparison group and offenders with registered drug abuse increases over time. The same general pattern can be seen for males and females.