The evolution of judge-made law

The Law must be applied in all cases which come within the letter or the spirit of any of its provisionsWhere no provision is applicable, the judge shall decide according to the existing Customary Law and, in default thereof, according to the rules which he would lay down if he had himself to act as legislator.Herein he must be guided by approved legal science and case-law¹     

Do Religious Factors Impact Armed Conflict? Empirical Evidence From Sub-Saharan Africa

Theoretically, the “mobilization hypothesis” establishes a link between religion and conflict by arguing that particular religious structures are prone to mobilization; once politicized, escalation to violent conflict becomes more likely. Yet, despite the religious diversity in sub-Saharan Africa and the religious overtones in a number of African conflicts, this assumption has not yet been backed by systematic empirical research on the religion–conflict nexus in the region. The following questions thus remain: Do religious factors significantly impact the onset of (religious) armed conflict? If so, do they follow the logic of the mobilization hypothesis and, if so, in which way? To answer these questions, this article draws on a unique data inventory of all sub-Saharan countries for the period 1990–2008, particularly including data on mobilization-prone religious structures (e.g., demographic changes, parallel ethno-religious identities) as well as religious factors indicating actual politicization of religion (e.g., inter-religious tensions, religious discrimination, incitement by religious leaders). Logit regressions suggest that religion indeed plays a significant role in African armed conflicts. These findings are compatible with the mobilization hypothesis, and stress the impact of conflict-prone religious structures, and particularly, the fact that overlaps of religious and ethnic identities are conflict-prone. Future research should investigate the religion-ethnicity-nexus in more detail.     

Inheritance,succession, and familial transfer in rural Westphalia, 1800–1900

This article compares property transfer contracts between generations in two Prussian parishes where marital law differed significantly in the 19th century. Our sources focus on two critical phases in peasants' life cycles at the time. Whereas young people could find the resources to settle down, the older generation had to plan for their retirement. Although sons had a better chance of inheriting the farm, female successors were not rare. A peasant daughter's overall prospects of becoming a peasant by inheriting her parent's farm or marrying a farm successor were almost as good as her brother's. The situation for older women, however, was subject to their legal standing with regards to marital property. When couples held joint marital property, men and women had the same opportunities to arrange for retirement. In contrast, when couples held separate marital property and male succession prevailed, older women were at an evident disadvantage.     

The invisible chain: niche inheritance and unequal social reproduction in preindustrial continental Europe

A central aspect of the demographic transition model is discussed: the “chain between inheritance and reproduction,” which many historical demographers claim has kept population and resources in balance during the preindustrial period. The basic mechanism is well known: Economic space is thought to be divided into a limited number of self-sufficient positions or niches; since marriage required possession—usually by inheritance—of one such niche, overpopulation was avoided. The existence of this chain in preindustrial continental Europe has generally been taken for granted, although little is known about its actual workings. As a discussion of classical and current research shows, the chain should not be understood as encompassing entire demoeconomic systems at any time or place. Rather, niche mechanisms are relevant for the behavior of specific social groups and as communal or other political strategies. The need for alternative explanations of sociobiographic inequality—such as the impact of kinship on life-course decisions and chances—is emphasized.     

Discovery of decomposed and mummified corpses in the domestic setting--a marker of social isolation?

Mass media reports attribute the occurrence of decomposed or mummified corpses in a domestic setting mainly to an increasing social isolation of elderly people. Not much is known about the demographic and medical conditions under which individuals are found months or even years after death in their homes. For this study, autopsy reports of individuals found dead and mummified or decomposed between 1993 and 1997 with those from 1963 to 1967 were retrospectively analyzed. Between 1993 and 1997, a total number of 320 individuals were found decomposed at home compared to 412 such cases between 1963 and 1967. The proportion of individuals older than 64 years was significantly higher during the 1990s study period. Furthermore, the proportion of deaths attributable to natural causes was significantly lower during the 1990s, whereas the rate of suicides was nearly three times higher.     

Policing the Bargain: Coalition Government and Parliamentary Scrutiny

Policymaking by coalition governments creates a classic principal‐agent problem. Coalitions are comprised of parties with divergent preferences who are forced to delegate important policymaking powers to individual cabinet ministers, thus raising the possibility that ministers will attempt to pursue policies favored by their own party at the expense of their coalition partners. What is going to keep ministers from attempting to move policy in directions they favor rather than sticking to the “coalition deal”? We argue that parties will make use of parliamentary scrutiny of “hostile” ministerial proposals to overcome the potential problems of delegation and enforce the coalition bargain. Statistical analysis of original data on government bills in Germany and the Netherlands supports this argument. Our findings suggest that parliaments play a central role in allowing multiparty governments to solve intracoalition conflicts.     

Crises and their interpretations

Crises are interpreted facts. Thus the sociological term crisis implies that a certain period of economic and political development has been in practice already interpreted as a crisis. Therefore the comparison between the crises 1929 ff. (the beginning of the first world economic crisis and the beginning of the destruction of the first Austrian Republic) and 1974 (the first oilprizeshock and the end of full employment in Western Europe) in Austria must consider two dimensions. First, the authors compare some key-data of the economic and political development. Second, they compare interpretations of the crises by analyzing articles from two Austrian newspapers in each period. The comparison shows-as expected-important differences between the two crises. But it also draws the attention to some unexpected similarities.