比较犯罪学：目的、方法与结论

在以往的三十年内 ,比较犯罪学已经由一种经验性操作转变为一门理论学科。比较犯罪学的多项研究是在 2 0世纪八九十年代进行的 ,这些研究显示 ,犯罪形态上的差异在很大程度上取决于社会、经济、国家政治结构、宗教以及文化等方面的差异 ,而且 ,可以发现 ,社会经济发展与犯罪增长之间存在联系。由于许多国家 (尤其是亚洲国家 )目前正在由传统农业社会向工业社会转型 ,认识这一点显得至关重要。本文要讨论的是比较犯罪学的目的、方法及其理论 ,但对于拉美国家的“解放者犯罪学”运动特别给予了关注。     

Ausnahmen vom FFH-Schutzregime

Die in der Fauna-Flora-Habitat-Richtlinie (FFH-RL) bzw. im Bundesnaturschutzgesetz (BNatSchG) aufgeführten Ausnahmenbestimmungen vom FFH-Schutzregime wie die menschliche Gesundheit und die öffentliche Sicherheit gelten mittlerweile als weitgehend geklärt. Hierzu kann auf den Beitrag von Ramsauer in NuR 2000 (Heft 11, 601ff.) verwiesen werden. Lebhaft umstritten ist dagegen noch immer die Fragestellung, inwieweit und unter welchen Voraussetzungen—gerade für die Praxis von großer Relevanz—wirtschaftliche und soziale Gründe im Rahmen der Ausnahmebestimmungen berücksichtigt werden können. Dies gilt insbesondere für Gebiete mit prioritären Lebensraumtypen und -arten, weil es dafür an konkreten Normierungen fehlt. Diesen Fragen widmet sich der folgende Beitrag schwerpunktmäßig. Der Verfasser kommt insgesamt zu einem befürwortenden Ergebnis hinsichtlich einer Berücksichtigung wirtschaftlicher und sozialer Gründe im Rahmen der Ausnahmebestimmungen vom FFH-Schutzregime.     

Underused potentials for criminology: Applying the sociology of knowledge to terrorism

Knowledge has for a long time been a central category in criminological thought, the etiological and reaction sides alike. On the etiological side, rational choice, neutralization techniques, the learning and unlearning of motivations, practices and codes, and, lately, efforts toward a cognitive criminology exemplify approaches that refer implicitly or explicitly to ‘knowledge’. Yet, with the exception of George Herbert Mead’s work, the sociology of knowledge has barely been explicitly used. This paper argues that the conscious consideration of the sociology of knowledge, including neo-Durkheimian, neo-Marxist, and neo-Weberian traditions, promises great benefit to criminological thought. Such consideration sheds light on the distribution across time and space of cognitive and normative tools that contribute to patterns of norm breaking behavior. A brief overview of the implicit use of ‘knowledge’ in criminological theory is followed by an elaboration of the potential benefits for criminology from incorporating leading traditions in the sociology of knowledge. The article concludes with an illustration for the case of terrorism as it rises simultaneously, but seeks distinct targets, across regions of the world.     

Conflicting Patterns of Thought in the Russian Debate on Transition: 2003–2007

This article is a continuation of two essays by the same author on Soviet and Russian economic debates between 1987 and 2002 published in Europe-Asia Studies in 2006 and 2007. In the most recent phase of these debates, between 2003 and 2007, as in previous phases, the questions raised went far beyond the usual realm of economics. The questions raised included whether Russia should attempt to become a ‘Western’ country marked by democracy and a market economy serving the individual interests of its citizens or whether it was more important to become a great power again; whether Western patterns of political and economic life are suitable for Russia or whether the attempt to import foreign institutional structures is doomed to failure, making it necessary for Russia to find her own way. The discussion here is based on a qualitative content analysis of the most important economic journals and selected monographs.     

Fiscal Federalism in South Africa

The constitutional change in South Africa in the 1990s broughtabout the decentralization of substantial budgetary responsibilityto newly created provincial governments. This study capturesthe new assignment of functions and resources to the differentspheres of government in South Africa and provides an assessmenton the basis of a framework derived from fiscal federalism principles.It concludes that there is a substantial congruence betweenwhat can be viewed as theoretically desirable and what is outlinedin the South African Constitution of 1996, but observes significantdivergences between the Constitution and actual practice.     

Examinations to phenomenon of shock-lung (author's transl)]

The pathogenesis of shock lung as well as the success of therapy in this condition was studied in 79 cases of extrathoracic trauma. The water-, hemoglobin-, and DNA contents of the lungs were measured in order to determine the extent of edema, the rate of perfusion, and proliferation. The cases were divided into two groups according to whether they had or had not received medical therapy before death. The data from these two groups were compared using statistical methods in which time of survival was especially taken into account. The fluid balance, pO2, pCO2, central venous pressure, pH of the serum, total serum protein and serum creatinine were also studied in these cases. Results of the study are as follows. Three phases of the posttraumatic syndrome of shock-lung could be distinguished: phase I (initial phase): blood perfusion is increased, edema is beginning to form, and medical treatment has not yet begun. Phase II (early phase = sydrome of early respiratory failure): pulmonary edema is developing rapidly while perfusion is decreasing. Phase III (late phase = syndrome of late respiratory failure): proliferative changes predominante and the edema is still increasing. The mean weight of the lungs was 397 g (s = 170) in phase I, 774 G (S = 361) In phase II, and 1124 g (s = 310) in phase III. The survival times correlated significantly and positively with the amount of water and DNS in the lungs and significantly and negatively to the amount of hemoglobin in the lungs. Thus, increasing pulmonary edema and increasing proliferative changes occurred with decreasing pulmonary perfusion. This correlation was even noted in groups of patients who had not received medical treatment and whose survival times were short. In treated cases, the fluid balance was significantly and negatively correlated to the total serum protein.     

Beyond Hierarchies and Networks: Institutional Logics and Change in Transboundary Spaces

In almost all subfields of political science in the last third of the twentieth century, it was claimed that we are witnessing a transformation of political order from hierarchies to networks. This paper traces institutional change during the twentieth century by examining structures and modes of interaction in transboundary regions in Europe and North America. First, it challenges functionalist explanations of institution-building and institutional change. Instead, the impact of general discourses and ideas is highlighted. Second, it takes a closer look at the hierarchies-to-networks transformation thesis. Whereas this thesis can be confirmed if we define hierarchies and networks as patterns of interaction, if we define hierarchies and networks in terms of modes of interaction this is less certain. De jure, institutional elements implying a "hierarchical order" have been supplanted in newer institutions by provisions allowing for "majority voting." De facto, nothing has changed, since these modes of interaction have never actually been used. In practice, the only way to achieve joint action has always been and still is through "agreement" or "consent." What has changed over the years, though, is the institutionalized approach to reaching "agreement." The older approach uses a technocratic-deductive logic. In recent years, we have been able to observe various new approaches in cross-border regions: a symbolic-inductive logic in Western Europe, a utilitarian-evolutionary logic along the U.S.-Mexican border, and a normative-constructivist logic along the U.S.-Canadian border. Based on the empirical findings, I conclude that institutional theory should pay more attention to the fact that many political institutions provide orientation, shape identities, and mobilize activities through emotional symbols.     

Assessing the Power of the Purse: An Index of Legislative Budget Institutions

To compare parliamentary capacity for financial scrutiny, I construct an index using data for 36 countries from a 2003 survey of budgeting procedures. The index captures six institutional prerequisites for legislative control, relating to amendment powers, reversionary budgets, executive flexibility during implementation, the timing of the budget, legislative committees and budgetary information. Various methods of index construction are reviewed. The results reveal substantial variation in the level of financial scrutiny of government by the legislature among contemporary liberal democracies. The US Congress has an index score that is more than three times as great as those for the bottom nine cases, predominantly Westminster systems. Even allowing for US exceptionalism, the top quartile of legislatures score twice as high on this index as the bottom quartile. These findings suggest that the power of the purse is a discrete and non-fundamental element of liberal democratic governance. For some countries it is a key safeguard against executive overreach, while others maintain a constitutional myth.