Historical apologies as acts of symbolic inclusion – and exclusion? Reflections on institutional apologies as politics of cultural citizenship

Institutional apologies for historical injustices can be conceived as acts of symbolic inclusion directed to people whose collective experiences and memories of the past have not been recognized in the hegemonic narratives of the past. However, in this article it is argued that such apologies also have exclusionary potential as vehicles of symbolic politics of citizenship in that they may designate the apologizing community, so that it effectively excludes cultural ‘aliens’, like migrants, from the community of ‘remedial’ citizens. The article suggests a crucial point is the rhetoric shifts when one is appealing to both cultural and political solidarity, as when apologizing in the name of the state but simultaneously invoking ‘our’ nation and ‘our’ history. Thus, the increasing number of institutional historical apologies is not necessarily incompatible with the trend of reinforcing the symbolic boundaries around ‘our’ historical–cultural communities that has been visible recently, e.g. in the demands for cultural canons and citizenship tests in many Western societies.     

Unschuldige Opfer staatlichen Handelns

Die Ereignisse rund um 9/11 haben den Rechtsstaat mit neuen Herausforderungen konfrontiert. Die Antwort auf die Frage, wie der Gefahr terroristischer Aktivitäten begegnet werden kann, ist letztlich von grundrechtlichen Problemstellungen bestimmt. Der vorliegende Beitrag setzt sich vor diesem Hintergrund mit einem Szenario auseinander, das noch in der aktuellen politischen Diskussion in hohem Maß präsent ist: Wie hat der Staat zu reagieren, wenn – gleich den Ereignissen in New York – eine gekaperte Passagiermaschine auf ein Hochhaus oder ein vollbesetztes Stadion zurast? Untersagt die Pflicht zum Schutz des Lebens der entführten Passagiere eine Einwirkung auf die Maschine oder darf der Staat auch unschuldige Opfer in Kauf nehmen, wenn dies zum Schutz anderer unbedingt erforderlich ist?     

A study to narrow down the time when a hyoid bone fracture was sustained

An unstable hyoid bone that can be loosely moved during autopsy is initial reason to suspect trauma to the neck. The question to be answered is whether the increased mobility is due to incomplete ossification of the hyoid, a postmortem injury (damage), or an ante-mortem injury, possibly related to the cause of death. This is the first study to systematically assess whether stereomicroscopic examinations and flat-panel CT-scans of isolated, unstable hyoid bones can add information to the macroscopic examination by helping to determine when the instability arose. Sixteen isolated hyoid bones (8 female, 8 male; 4-87 years-old) were examined after being macerated. Four of the hyoid bones were already classified as unstable during autopsy. Of the other 12, 7 were fractured immediately after autopsy before being macerated, and 5 were fractured after being macerated. There were, in total, six different diagnostic constellations. Stereo-microscopic examination did not yield additional information compared with the macroscopic examination. Flat-panel CT allowed distinction between an incomplete ossification of the hyoid and a fracture, but did not help in determining whether the fracture had been sustained peri- or postmortem.     

Validation of Ultrastructural Analysis of Mitochondrial Deposits in Cardiomyocytes as a Method of Detecting Early Acute Myocardial Infarction in Humans*

Abstract: In the present study, ultrastructural analysis of mitochondrial deposits (black dots within mitochondria) as a method for the detection of early acute myocardial infarction (AMI) was evaluated. In 24 patients with AMI and six controls, analysis was performed in the heart of infarcted patients and noninfarcted controls. In the infarction area in lactate dehydrogenase (LDH)‐diagnosed AMI, the percentage of positive mitochondria was significantly higher compared to corresponding heart tissue in control patients and compared to noninfarcted areas within these patients. Also in patients with a clinically diagnosed AMI but no LDH decoloration, a significant higher percentage of positive mitochondria was found in the left ventricle compared to controls and noninfarcted areas. In patients with AMI, an increase in mitochondria with deposits was found in the infarction area compared to controls and noninfarcted tissue within the same patient, suggesting that electron microscopical changes in mitochondria can be used for the diagnosis of AMI less than 3 h old.     

DATA REGULATION IN THE INTERNET OF THINGS

The reflections on data regulation in the internet of things (IoT) in this paper provide an overview of the different conceptions and legal problems of “data property rights.” Beginning with an overview of the existing and possible applications of the future IoT (in particular, smart cars), this paper describes the legal concerns that may arise because of increased commercialization of object-generated data. The author uses German and European Union law to illustrate the legal complexities, solutions, and shortcomings. He demonstrates how and to what extent these issues are covered by traditional data protection regulations and highlights the conceptual blind spots of these regulations. He then contrasts the data protection paradigm (de lege lata) with the idea of a general erga omnes data property right (de lege ferenda) and describes the most common understanding of such a right, that is, a data producers’ property right. Against the background of the possible economic advantages of general data property rights, the paper discusses conceptual problems and constitutional concerns. In conclusion, the author rejects the idea of a general data property right.     

驳泛叙述者论

很多当代叙事学家都认为所有的虚构叙事都有一个不同于作者的虚构叙述者。这一观点被称为“泛叙述者论”。本文以充分的理由驳斥了这一观点,同时指出那些看似支持这一观点的重要论据是根本站不住脚的。在简要介绍小说理论的基础上,文章认为,无论从理论还是从实践角度来说,都没有必要为每个虚构叙事假定一个虚构叙述者。     

The Organization of Purchasing at German Universities: An Empirical Investigation

The objective of this article is two-fold: first, it studies how German universities organize their purchasing activities, and, second, it identifies patterns in the structure of the purchasing function and analyzes factors that influence the design of purchasing. For this purpose, the article develops an analytical framework based on ideas of contingency and organization theory and presents the results of an empirical study which analyzed the purchasing organization of 65 German universities. The results of the study indicate that German universities use a medium level of centralization and specialization to organize their purchasing activities, and that the purchasing process is highly formalized in most universities. As to influential factors of the structure of purchasing, the study indicates that the number of employees, the number of employees with purchasing-responsibility, the purchasing volume, and the number of students enrolled at the university influence the structural variables.     

Understanding of forensic expert reports by judges,defense lawyers and forensic professionals

Forensic scientists strongly advocate the use of likelihood ratios for expressing the diagnostic value of evidence in technical forensic reports. They call this the logically correct approach. The correct comprehension of such likelihood ratios by jurists, however, appears to be particularly problematic. The present research has empirically investigated this issue for defense lawyers and criminal judges. For comparative purposes forensic professionals, many of whom use the logically correct approach, were included in the study as well.

Using fictitious forensic reports, it was shown that proper understanding of likelihood ratios by jurists is quite poor, due mainly, but not exclusively, to the prosecutor's fallacy. Forensic professionals outperformed jurists to a large extent but made many mistakes themselves. It is further shown that participants’ self-expressed supposed level of understanding of logically correct conclusions is quite high and thus not justified by their levels of proper understanding. Suggestions for how to improve the situation are presented.