Studies on Bhartṛhari, 9: Vākyapadīya 2.119 and the Early History of Mīmāṃsā

Journal of Indian Philosophy - This article argues that in early Mīmā?sā the view was current that there are objects in the world corresponding to all words of the Sanskrit...     

Wrongfully Convicted: How the Dutch Deal with the Revision of Their “Miscarriages of Justice”

During most of the twentieth century the very existence of judicial errors was considered an awkward subject in the Dutch legal system. This article considers the change of attitude in recent years. In previous years there was a remarkable self-confidence within the criminal justice system (and in most of the scholarly writings) in doing things the ‘right way.’ After a few warnings from (only partly legally trained) scholars, who became interested in the functioning of the system, and moreover, after a few clear and undeniable cases of judicial error, there was a volte-face in the general feeling amongst both the public and the profession. It is the opinion of the authors that this shift in opinion is historically important. This article therefore intends to draw a picture of the current state of affairs in The Netherlands.     

The electoral consequences of two great crises

Who benefits from deep economic crises: the left, the right or neither? On the basis of evidence from elections in 1929–1933 and 2008–2013 in all states that were democracies in both periods, it is argued in this article that the electoral consequences of the Great Depression and the Great Recession were surprisingly similar: in both periods, right‐wing parties were at first more successful than left‐wing parties, although this effect only lasted for a few years. The manner in which a crisis develops over time should be taken into account when examining the effects of deep economic downturns on the electoral fortunes of the left and the right.     

Addressing cross-border environmental displacement: when can international treaties help?

Environmental degradation is increasingly causing cross-border displacement of people, but countries have formed no treaties to facilitate collaboration on the issue. When is such collaboration feasible, and how should environmental displacement treaties be designed? We present a game-theoretic analysis. In our model, countries first decide on ratifying a treaty, and doing so commits them to helping other countries that face cases of environmental degradation in the future. The equilibrium analysis suggests that treaty formation is easier under conditions of mutual vulnerability than if some countries are at a greater risk of environmental degradation than others. Our most important finding is that contrary to the received wisdom, treaties imposing stringent demands on countries are easier to form than treaties that are easy to comply with. We also examine the benefits of using displacement treaties to build capacity for cooperation. We illustrate the utility of the analysis with a discussion of the Kampala Convention on environmental displacement and consider the potential for future treaty formation in Sub-Saharan Africa and Oceania.     

How organizational structure can reduce rent-seeking

In multi-tiered organizations, individuals can engage in unproductive rent-seeking activities both within and between the divisions of the organization. Nevertheless, a multi-tiered organizational structure can induce efficiency gains by decreasing rent-seeking. We present a model of production and simultaneous internal and external rent-seeking, assuming a logistic contest success function. In equilibrium, there is generically either internal or external rent-seeking, but not both. A multi-tiered organization leads to less rent-seeking and higher welfare, even though the production technology gives no reason for any specific organizational structure. Our findings constitute a new efficiency rationale for multi-tiered organizations.     

Reform of forensic autopsy in the German Code of Criminal Procedure

The Federal Ministry of Justice has presented another proposal to rephrase the wording of Section 87 of the German Code of Criminal Procedure (StPO). The new version of Section 87 StPO is to be rejected as it would lead to a loss of institutional and professional standards. The bill is clearly influenced by a tendency towards privatisation for the benefit of a small group of specialists in forensic medicine mostly organised in limited liability companies and thus at the expense of institutes of legal medicine affiliated to universities or physicians working in the forensic service of regional courts. In the long run, this reform would not only jeopardize medicolegal research and teaching but also medical education and specialist medical training. For future severe negative consequences would have to be expected on the rule of law and legal certainty.