Regulation in Sport as a Borderline Case between State and Law Regulation and Self-Regulation

The study deals with the basic questions of a new field of law: the sports law. Sport is traditionally the world of self-regulation, since the sport-associations do create and apply law as well. The state has interfered in this monopolistic world in the last fifty years, so did, on the basis that intrusion, the law. Where are the limits of the regulation by law, and under which conditions can the state and its courts supervise the norms of sports, these questions are dealt by the study.     

Die zivilrechtliche Haftung für Grenzbäume – geklärte und ungeklärte Fragen

Natur und Recht - Grenzbäume werfen in der Praxis immer wieder verschiedene Rechtsfragen auf. Sie können durch Überwuchs störende Wirkungen auf Nachbargrundstücke haben....     

Preventing radicalisation in Norwegian schools: how teachers respond to counter-radicalisation efforts

ABSTRACT

This article explores how selected educators respond to the integration of counter-radicalisation efforts into Norwegian secondary schools. Our research participants describe having limited encounters with youth extremism in practice, yet their narratives exhibit a professional responsibility to prevent students from being radicalised towards any form of violent extremism. There are, however, diverging views on how prevention should be carried out in school. When faced with concerns of radicalisation, most participants draw on therapeutic prevention, which conforms to the dominant radicalisation discourse in global politics aimed at identifying and rehabilitating vulnerable youth. We argue that these therapeutic prevention strategies are a form of pedagogical control intended to recondition “illiberal” students under the pretext of national security. Considering the strong normative and political connotations of extremism-related issues, we recommend that educators tread cautiously in their prevention efforts. Educators must especially strive to find a balance between deterring students from radicalisation and violent extremism, while also ensuring that these efforts do not impede the agency and autonomy of young lives. Overall, this research raises some ethical and practical concerns about preventing radicalisation and violent extremism in Norwegian schools.     

The simplicity of toleration

ABSTRACT

Toleration is one of the core elements of a liberal polity, and yet it has come to be seen as puzzling, paradoxical and difficult. The aim of the present paper is to dispel three puzzles surrounding toleration. First, I will challenge the notion that it is difficult to see why tolerance should be a virtue given that it involves putting up with what one deems wrong. Second, I defuse the worry that the ideal of toleration is not fully realizable as toleration must necessarily be limited. Third, I take issue with the assumption that ‘true’ tolerance requires meta-tolerance, that is, that the issue of toleration must itself be approached in a ‘tolerant’ way.     

A question of species Astonishment at the beginning of the human being

The decoding of the human genome, aswell as current research on human stem cellsand early embryos, demands new legal andpolitical definitions of the human species.Both the act of limiting research on humanembryos, because they are themselves human, orthe act of permitting such research since theyare not human at all, entail a very newdefinition of the human species. Where politicsis confronted with the task of defining theessence and the anthropos of the human beingand of transforming this definition intolegitimated social actions, we must admit of anincrease in civil procedures. This debate isconstantly pushing at the borders of thedefinition of `humanness'; borders which bothlimit its definition and scope. The biosciencesnot only transgress such borders but alsosubstantially damage them; concerned subjectscannot proceed against such violations of theborders of `humanness'. The transposition of adistinct non-human life form into a human oneis endangering the human being as a distinctspecies. In this case, however, Carl Schmitt'stheory of politics, as an opposition to theenemy, becomes relevant to the human organismitself as it is challenged by the appearance ofnon-human forms of life within it.     

Europarechtliche Einflüsse auf die Straßenplanung

Ohne Zusammenfassung     

Swaying the Hand of Justice: The Internal and External Dynamics of Regime Change at the International Criminal Tribunal for the Former Yugoslavia

This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003 ) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legalism, and legal exceptionalism result in internal office, organizational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organizational change within international institutions.     

An Economic Analysis of a Swedish Environmental Liability Case

A High Court case illustrates Swedish legal reasoning. The case extends the use of strict liability, although the main liability rule is negligence. The aim of the paper is to show the usefulness of the economic analysis in a practical case. The case concerns liability for damages caused by a leaky, hot-water pipe. The defendant maintained that it should not be held liable because it had not acted negligently, and the district court and the court of appeals supported the defence. Nevertheless, the High Court decided on strict liability. The High Court used a line of argumentation that, partly and implicitly, may have been economically correct. However, the precedence was most limited and unclear. Given an explicit goal of economic efficiency, the precedence would, in this simple and straightforward case, be that strict liability should prevail where the cause is unilateral and the injurer is able to cover and/or insure the loss.