Judicial Decision-Making,Ideology and the Political: Towards an Agonistic Theory of Adjudication

Law and Critique - The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of...     

The Russian Orthodox Church as Part of the State and Society

The author analyzes how the relations of the Russian Orthodox Church with the Russian state and with Russian society have developed under Patriarch Kirill.     

Experimental Effect of Shots Caused by Projectiles Fired from Air Guns with Kinetic Energy Below 17 J

Pursuant to the Polish Weapons and Ammunitions Law (Legal Gazette No 53/1999 item 549 with subsequent amendments), air guns with kinetic energy of the fired projectiles below 17 J are not regarded as weapons. The aim of the study was to assess the potential effect of shots caused by projectiles of various mass and structure fired from air guns with kinetic energy below 17 J on human soft tissues. As a model of soft tissue, we used 20% gelatin blocks. After shooting, we measured the depth of gelatin block penetration by pellets fired from various distances and compared these results with autopsy findings. The results demonstrated that examined pneumatic guns may cause serious injuries, including damage to the pleura, pericardium, liver, spleen, kidneys, femoral artery, and thoracic and abdominal aorta. Experiment shown that gelatin blocks do not reflect fully the properties of the human body.     

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.

     

Determinants of judges’ career choices and productivity: a Polish case study

European Journal of Law and Economics - The goal of this paper is to identify factors which affect judges’ productivity and career choice motives with the view of increasing judicial...