Theories of Criminalization

In this article, I comment on Simester and von Hirsch’s theory of criminalization and discuss general principles of criminalization. After some brief comments on punishment theories and the role of moral wrongdoing, I examine main lines of contemporary criminalization theories which tend to focus on the issues of harm, offense, paternalism and side-constraints. One of the points of disagreement with Simester and von Hirsch concerns the role of the harm principle. I rely on a straightforward normative concept of “rights of others,” not in the sense of rights granted in positive law but in the sense of rights which are to be justified in political philosophy. With a rights-centered rather than a harm-centered approach, a prima facie reason for criminalization is the violation of others’ rights. It is unnecessary to develop a separate category of “offense to others,” and paternalistic interventions can be criticized straightforwardly because rights can be waived.     

Policing the ‘suspects’: Ottoman Greeks and Armenians in Istanbul, 1914–18

During the First World War, a primary domestic political aim for all belligerent countries was to preserve the socio-economic status quo in order to provide appropriate conditions for the survival of the state. Therefore, war governments paid particular attention to the maintenance of internal order. While doing this, the central authority of governments became paramount and this situation had remarkable repercussions on state–society relations. This article examines the wartime public order policies of the Ottoman government specifically concerning the Ottoman Greeks (Rum) and Armenians living in Istanbul. During the Great War, these non-Muslim elements were officially regarded as ‘suspects’, in other words, as ‘potential political criminals’ threatening the internal order of the capital. To control the Ottoman Greeks and Armenians, the war government implemented a number of policing strategies that consisted of deportation of individuals and groups, strict control on travel, and close surveillance of ‘suspects’.     

Local demands and state policies: general councils (Meclis-i Umumi) in the Edirne and Ankara provinces (1867–1872)

By comparing the decisions of various meetings of the General Councils of Edirne and Ankara provinces from 1283 to 1288 (1867–1872 AD), this study analyses social and economic dynamics of both provinces, the state vocabulary for handling local demands, and the boundaries of responsibility for the state and the local actors in provincial administration. Instead of reading the Tanzimat as a top-down imposition, this article defines General Councils as sites of negotiations between state and local actors and instruments for local development. This article challenges the conventional view of provincial councils as weak and unable to implement various policies. It contributes to a new generation of studies that challenges the separation between state and social forces and looks at how both interacted in provincial administration.     

Reviving Social Rights in Latin America: The Potential Role of International Human Rights Documents

Social rights are essential to our ability to fully participate in society. In Latin America, these rights are increasingly marginalized as neoliberal policies take hold. At the same time, the related concepts of civil society and social capital are often incorporated into strategies aimed at alleviating the problems of the Latin American poor. It is expected that by strengthening people's civic capacity, their sense of mutual responsibility and ability to self-provide certain services will be enhanced. In the context of the current policy environment, however, such strategies are unlikely to be entirely successful. Lack of economic resources may preclude the Latin American poor from effective civic participation. More importantly, the promotion of civil society and social capital on the part of aid agencies and governments may represent an implicit threat to social rights, in as much as the organizations advocated are not likely to actively struggle for expansion of rights. Nevertheless, human rights documents such as the Universal Declaration of Human Rights and the Convention on the Rights of the Child provide a base upon which rights-based movements can be constructed.     

Procedural Justice,Outcome Favorability and Emotion

This study investigated the effects of procedural justice on discrete emotional responses. Based upon the cognitive appraisal model of emotion, it was argued that the experience of procedural justice (or injustice) allows individuals to derive meaning from favorable and unfavorable allocation decisions. Thus, procedural justice works with outcome favorability to produce a variety of emotional states. These ideas were tested in a laboratory experiment. As predicted, two happiness-related emotions (happiness and joy) and a sadness-related emotion (disappointment) showed only a main effect for outcome favorability. Two anger-related emotions (anger and frustration) were highest when an unfavorable outcome occurred because of an unfair procedure. Higher levels of guilt and anxiety were reported when an unfair procedure resulted in a favorable outcome. Contrary to predictions, a third happiness-related emotion (pride) showed only a main effect for outcome favorability.     

Lundquist,Gary (1999). Technology and the Agents of Change

The Journal of Technology Transfer -     

Divide et impera: Strategic underpricing in privatizations

In several recent initial public offerings in privatization casesshares seemed to be severely underpriced. In this paper weprovide a political economy explanation for this apparentunderpricing. Using a variant of Grossmann and Helpmann's (1996)model of special interest politics, we demonstrate thatgovernments may raise their election chances by rationinginvestors because the resulting broader distribution of sharesmakes regulation that is favorable to the privatized firm morepopular. Somewhat surprisingly, even revenues from theprivatization can be increased through rationing. The model alsoexplains the common practice of bonus systems designed to preventinvestors from taking profits immediately.     

Democracy and mediation in territorial civil wars in Southeast Asia and the South Pacific

The awarding of the 2008 Nobel Peace Prize to former President Martti Ahtisaari, Finland, cites his involvement in the settlement of the Aceh conflict. This at the same time highlights the lack of such efforts in the regions of Southeast Asia and the South Pacific. While internal conflicts throughout the world often tend to be resilient to conflict management initiatives, conflicts in the Asia-Pacific region have proven to be particularly difficult to resolve. Internal conflicts in Southeast Asia and the Pacific often concern territorial issue, for instance, East Timor and ethnically based conflicts in Myanmar. This is also true for conflicts in the South Pacific, notably in Bougainville (Papua New Guinea) and New Caledonia (France). Territorial conflicts last longer, are more difficult to manage, and generally produce more adverse consequences than those over other issues such as ideology, government, and national power. Further, conflicts in this region appear to be of low priority for third parties, with comparatively few interventions from third parties. The strong central governments seem to be a factor in preventing mediation-based solution to such conflicts. Nevertheless, there are reasons to be optimistic. Third party mediation, democratization, and the recent success in Aceh provide promise for the future, and the recent Nobel Prize confirms this.     

Das Bundesverfassungsgericht im politischen System der BRD – ein unbekanntes Wesen?

This article argues that the Judicialization hypothesis as a dominant research paradigm in the literature on the Bundesverfassungsgericht leaves out a number of relevant aspects. Rather, the court should be understood as being embedded in an area of competing interests among government, opposition, courts, litigating citizens and public opinion. The article identifies the institutional links between actors and relevant research questions. Finally, it discusses the theoretical, methodological and empirical challenges for further research on the Bundesverfassungsgericht.