The new institutionalist approaches to health care reform: lessons from reform experiences in Central Europe

This article discusses the applicability of the new institutionalism to the politics of health care reform in postcommunist Central Europe. The transition to a market economy and democracy after the fall of communism has apparently strengthened the institutional approaches. The differences in performance of transition economies have been critical to the growing understanding of the importance of institutions that foster democracy, provide security of property rights, help enforce contracts, and stimulate entrepreneurship. From a theoretical perspective, however, applying the new institutionalist approaches has been problematic. The transitional health care reform exposes very well some inherent weaknesses of existing analytic frameworks for explaining the nature and mechanisms of institutional change. The postcommunist era in Central Europe has been marked by spectacular and unprecedented radical changes, in which the capitalist system was rebuilt in a short span of time and the institutions of democracy became consolidated. Broad changes to welfare state programs were instituted as well. However, the actual results of the reform processes represent a mix of change and continuity, which is a challenge for the theories of institutional change.     

Violence and personality in forensic patients: is there a forensic patient-specific personality profile?

Concerning the discussion about the connection of personality traits, personality disorders, and mental illness, this study focused on the personality profiles of male forensic patients, prison inmates, and young men without criminal reports. The main topic centered on group-specific personality profiles and identifying personality facets corresponding with mental illness. The authors therefore used the Rasch model-based Trier Integrated Personality Inventory. They individually tested 141 German forensic patients with different crime backgrounds, 122 prison inmates, and 111 soldiers of the German army. Within group differences they found that the individuals with mental retardation differ from patients with a personality disorder or psychosis. Patients with mental retardation displayed higher neurotic and/or paranoid personality accents and tended to be low organized and self-confident.     

Lightning Strike as Probable Cause of Death and Determining Identity Based on the Examination of Skeletal Remains

In this article , a case of examining an incomplete human skeleton found in a forest is presented. Based on the assessment of posttraumatic lesions in the skull bones, the cause of death of a man who had died 14 years prior to the examination was determined with high probability to be due to a lightning strike. Moreover, the rare pathological lesions within the skeleton, such as a healed fracture of the humerus and rheumatoid malformations within the hand, in reference to preserved medical records, have also allowed to identify the deceased. Most noteworthy points in this case are, however, initially difficult to comprehend, posttraumatic lesions within the bones of the skull such as carbonization and fracture of the vertex. Their origin can be explained by a lightning strike as the most probable cause of death. Thus, the presented case demonstrates probable cause of death and identity can be established many years after death, based on skeletal remains.     

Political Competition,Path Dependence,and the Strategy of Sustainable Energy Transitions

Previous research emphasizes the importance of path dependence for sustainable energy transitions, but their strategic nature is frequently overlooked. We examine formally how exogenous shocks, such as changes in international energy prices, interact with positive reinforcement factors, such as the growing strength of the renewables advocacy coalition. We find that political competition modifies the effect of path dependence on policy and outcomes. Specifically, while “green” governments can use positive reinforcement mechanisms to lock in policy commitments (by creating green constituencies), “brown” governments strategically underprovide public support for renewable energy (to avoid creating green constituencies). The effect of positive reinforcement also decreases with international energy prices. Our empirical analysis shows that (1) political competition conditions the policy response to exogenous shocks and market failures, while (2) governments strategically exploit path dependence for political gain.     

Argumentation and Legal Interpretation in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View

The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the principles of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach.

     

Assessing a moral panic relating to crime and drugs policy in the Netherlands: Towards a testable theory

Using criteria from recent work by Goode and Ben Yehuda, this article tests the hypothesis that a moral panic relating to (youth) crime has been going on in the Netherlands since 1990. Most of the criteria are met. There is concern about the problem of crime and a consensus on solutions. There are also indications that public disquiet grew out of proportion compared to trends in crime and victimization, and that the panic erupted fairly suddenly. It is not possible to identify a clearer scapegoat than a diffuse image of “the” criminal. It is unclear what caused this panic. It seems unlikely that the panic started as a reaction to public problems, but nor is it possible to state that elites started it or that it was caused by bureaucratic processes at an intermediate level. Several methodological problems connected with the testing of the criteria are discussed. It is recommended that one criterion be added: that of misdirection of reactions to a social problem. It is also recommended that future research should be comparative, either comparing several minor local panics, or comparing panics or non-panics related to equivalent social problems. This revised version was published online in July 2006 with corrections to the Cover Date.     

Extraterritorial Application of the European Convention on Human Rights: Territorial Focus in the Age of Globalization?

Netherlands International Law Review -     

Does a Draft Really Influence Postmortem Body Cooling?*

Estimation of the time of death (TOD) is a very important task of forensic pathologist, and measurement of body temperature is a method deemed to be most precise during the initial postmortem period. The study aimed at verification of the significance of airflow present in the room where a corpse is found on body cooling process and hence on determination of the TOD. The experiment was performed in pigs during which the postmortem temperature of the eye, muscles, and rectum was recorded--in still air and with generated draft in the room. The results showed that the moderate airflow present in the experimental conditions did not significantly affect the course of cooling of the investigated body sites. Despite moderate wind generated in the room, the air movement close to pigs' bodies was actually minimal. This allowed to conclude that to evaluate the TOD most precisely, one should first have reliable data on the actual velocity of air in the direct vicinity of the body rather than relying on subjective sensation of the draft and using various unnecessary corrective coefficients for TOD calculation.