Crown and parliament in Prussia 1848–1866∗

Summary

Max Weber and the Problem of Parliamentarism in Germany at the End of the First World War

At the end of the First World War Weber was concerned with the problem of the establishment of a new political system in Germany. For a short time he took part in the activities of the newly formed German Democratic Party, and he collaborated in the drawing up of the first constitutional proposal. His theoretical contribution is mainly to be found in his essay, ‘Deutschlands künftige Staatsform’.

First of all, Weber insisted on the importance of parliamentary institutions, because they promote the selection of qualified political leaders and they keep the bureaucracy under control. He also supported the theory of the separation of powers which ensures reciprocal controls on every side. He defended the right of enquiry and respect for minorities. He proposed a bicameral system, each chamber with different powers, and attached much importance to the role of the State President.

In the first constitutional project, Weber's views were taken very much into account, but their influence on the final drafting of the Weimar Constitution was much more limited.     

Bureaucratic power at play? The performance of the EU in the International Atomic Energy Agency

This article examines the performance of the European Union (EU) in the International Atomic Energy Agency (IAEA). Following Barnett and Finnemore, the article argues that the EU as an intergovernmental organization (IO) possesses bureaucratic power based on high technical knowledge and rational–legal authority that it can use to gain influence in the Agency. The EU uses its technical knowledge to be a first-mover in political and technical discussions, and uses its financial support to influence the Agency's technical standards and practices for nuclear safeguards, security, and safety. Nevertheless, the analysis shows that its rational–legal authority as an international organization is limited. Being a regional IO, it does not automatically possess the impartiality and hence legitimacy that ordinarily characterize an international organization. Thus, to further improve its performance in the IAEA, the EU must look beyond internal policy issues and focus on its external legitimacy and standing as well.     

Rationalism in Public Law

Rationalism is ‘the stylistic criterion of all respectable politics’. So lamented political philosopher Michael Oakeshott in a series of essays published in the 1940s and 1950s. Rationalism, for Oakeshott, is shorthand for a propensity to prioritise the universal over the local, the uniform over the particular and, ultimately, principle over practice. It culminates in the triumph of abstract principles over practical knowledge in a manner that erodes our ability to engage in political activity. Although Oakeshott's critique was made with the practice and study of politics in mind, it has a wider relevance. Rationalism, as we see it, has become the dominant style in public law. We draw upon Oakeshott's critique to elucidate the risks associated with rationalism in public law and call for a renewed engagement with practical knowledge in the study of the constitution.     

Recidivism among sex offenders: a follow-up study of 541 Norwegian sex offenders

A study of recidivism to sexual offences was conducted among Norwegian males who had received their first conviction for a sexual crime during the years 1970-1974. Five hundred and forty-one out of a total of 1,071 offenders were randomly selected and followed by means of official and public register systems until the end of August 1983. No one was contacted personally by the investigators. The recidivism rate was 12.8%, with the rapists having the highest tendency to commit new sexual crimes. Acts like incest, exploitation of someone in the custody of the perpetrator or similar felonies against so-called public morals were least likely to be repeated. Most of the repeat offenders only had one single subsequent offence, either of the same type of crime as at the first or to a less severe crime. Only a handful committed more than one repeat offence. A large number of the sexual offenders had committed others types of crimes, some prior to their first conviction for the sexual crime and some subsequent. Most of our criminally convicted males had a record of mixed criminality, in which crimes of profit and violence dominated.     

What Makes Diets Political? Moral Foundations and the Left-Wing-Vegan Connection

Social Justice Research - Though meat-consumption is known to be a key factor in environmental damage, veganism and vegetarianism are still perceived to be left-wing-phenomena, ironically not...     

Political Sociology of International Interventions: Peacebuilders and the Ground

ABSTRACT

This special issue, instead of questioning what effect peacebuilding interventions have on post-conflict societies, analyses what the ground of intervention does to peacebuilders. It demonstrates that everyday interactions on the ground shape the interveners and even the scope of their missions. We delineate how a political sociology approach might break away from binaries (‘internationals/locals’) and, instead, illuminate processes (of internationalization and localization). We intend to offer a political sociology of the ‘intervention encounter’, that is, to scrutinize the everyday interactions among peacebuilders and between peacebuilders and domestic actors, and to investigate effects of the ground on peacebuilding organizations, doctrines and decision-making processes, as well as on peacebuilders’ trajectories, positions, professional practices and representations. In fine, we explore how peacebuilders’ relations to the ground structure the socio-professional field of peacebuilding.     

拓宽行政审判职能 推进社会管理创新——行政审判在社会管理创新中的角色思考

随着我国经济社会的迅速发展和社会矛盾的日趋多元,加强社会建设,创新社会管理越来越成为中国特色社会主义建设中的一项重大课题。党的十六大以来,     

当前商事审判中需要注意的几个法律适用问题

近年来,最高人民法院通过各种不同形式积极推进对新颁布的法律、司法解释、司法政策的正确理解与适用,取得了良好效果。当前,仍有许多问题在商事审判实践中认识不统一,下面我就其中几个问题提出初步意见。