Crimes Against Minds: On Mental Manipulations, Harms and a Human Right to Mental Self-Determination

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds.     

Das Wasserentnahmeentgelt – Eine aktuelle rechtliche Bestandsaufnahme als Grundlage für die Diskussion über die Eignung des Wassercents als Finanzierungsinstrument zum Schutz von Grundwasservorkommen vor klimawandelbedingten Beeinträchtigungen

Natur und Recht - Angesichts der infolge des Klimawandels in den letzten Jahren in Deutschland vermehrt auftretenden Dürre- und Starkregenereignisse gewinnt das Wasserentnahmeentgelt in der...     

The Dark Sides of Artificial Intelligence: An Integrated AI Governance Framework for Public Administration

ABSTRACT

As government and public administration lag behind the rapid development of AI in their efforts to provide adequate governance, they need respective concepts to keep pace with this dynamic progress. The literature provides few answers to the question of how government and public administration should respond to the great challenges associated with AI and use regulation to prevent harm. This study analyzes AI challenges and former AI regulation approaches. Based on this analysis and regulation theory, an integrated AI governance framework is developed that compiles key aspects of AI governance and provides a guide for the regulatory process of AI and its application. The article concludes with theoretical implications and recommendations for public officers.     

How governments strategically time welfare state reform legislation: empirical evidence from five European countries

Abstract

Building on studies on the political business cycle, the literature on welfare state retrenchment has argued that governments which cut the welfare state try to avoid blame by implementing painful measures in the beginning of the mandate and expanding benefits as elections approach. In contrast to this linear relationship, this article argues that governments often feel pressured to fulfil (mostly expansionary) campaign promises during the first months in office. Consequently, cutting right away is not what should be expected. Instead, a more nuanced, U-shaped timing trajectory is probable with a period in the beginning characterised by both cuts and fulfilment of expansionary pledges, followed by a period of cutbacks, and finally an expansive phase towards the end of a mandate. This argument is tested on our new original dataset of legislative changes in five European countries – Britain, Denmark, Finland, France and Germany – during the last four decades.     

Closing the Window of Vulnerability: Nuclear Proliferation and Conventional Retaliation

Living with a nuclear-armed enemy is unattractive, but, strangely, states seldom use their military power to prevent the enemy’s entry into the nuclear club. It is puzzling why preventive strikes against nuclear programs have been quite rare. I address this puzzle by considering the role of conventional retaliation, a subfield of deterrence that so far has received scant attention in the literature. I theorize the concept of conventional retaliation and test its explanatory power. First, I explore all historical cases where states struck another state’s nuclear installations and find none occurring when the proliferator threatened conventional retaliation. Second, I explore two cases where a strike was most likely, but the would-be attacker balked and find smoking-gun evidence that the threat of conventional retaliation restrained the would-be attacker. This evidence supports my claim that the threat of conventional retaliation is sufficient to deter a preventive strike against emerging nuclear states.     

Are Some Citizens More Equal than Others? Evidence from a Field Experiment

The equal treatment of all citizens is one of the fundamental principles of good administrative practice. Nevertheless, there are growing numbers of media and scientific reports on unequal treatment by public administrations. This article examines the unequal treatment of citizens by gender and ethnic origin by means of a survey‐based field experiment in German local government. With the help of two vignettes and randomized assignment of names, responses to fake citizen requests by local governments are analyzed for speed, quality, and service orientation. The results show very limited discrimination effects. While there is no evidence for general ethnic discrimination, a more differentiated analysis indicates patterns of ethnic discrimination conditioned by gender.     

Zur Europäisierung der Handlungs- und Einstellungshorizonte: Ein makrosoziologischer Vergleich der EU-Mitgliedstaaten

Building on the transactionalist paradigm in the tradition of Karl W. Deutsch as well as on Arndt Sorge’s theory of tiered social spaces, this study examines why everyday actions and attitudes are more centered on Europe (i.?e. “Europeanized”) in some EU member states than in others. Analyzing a variety of survey data on the EU-27 countries with partial correlation models, it is shown that the macro-level determinants of Europeanization differ between actions and attitudes. While actions are more Europe-centered in small and affluent countries, attitudes are more Europe-centered in post-communist states as well as in countries that are located in the geographical center of the EU and that do not have a protestant religious tradition. Contrary to transactionalist theory, the Europeanization of actions does not coincide with the Europeanization of attitudes: “doing Europe” and “feeling Europe” do not go hand in hand.     

National Parliaments and EU Fiscal Integration

This article analyses the impact of the euro crisis on national parliaments and examines their response to the deepening of EU fiscal integration and the correspondent limitation of their budgetary autonomy. It argues that the sovereign debt crisis has provoked the emergence of new channels of parliamentary involvement in EU economic governance. National parliaments have acquired various rights of approval in the European Semester, strengthened the accountability of national governments, reinforced their scrutiny over budgeting, improved their access to information, and created domestic and supranational avenues for deliberation and political contestation of European integration. In these respects, they have undergone further Europeanisation. While these reforms do not outweigh the centralisation of EU powers, they represent an embryonic step in the parliamentary adaptation to the nascent EU fiscal regime. Yet they are unlikely substantially to influence EMU policy‐making processes, because of the democratic disconnect inherent in the EU's multilevel constitution.