„Selbstbewusst“ und „stolz“. Das außenpolitische Vokabular der Berliner Republik als Fährte einer Neuorientierung

The article sketches a newly developed analytical approach (“vocabulary analysis”) inspired by philosophy of language. Without engaging in the debate as to whether Germany’s foreign policy is best characterised either in terms of continuity or change, the article reconstructs the development of the German foreign policy practice between 1986 and 2002 on the basis of the foreign policy elite’s discourse. In an exemplary fashion it illustrates the use of the key concepts Germany, Europe, power, responsibility, self-confidence and pride. We conclude that vocabulary analysis reveals astonishing shifts in the semantic web of which German foreign policy discourse is “woven” — shifts which will also leave traces in Germany’s foreign policy identity.     

Reimbursement schemes for hospitals, malpractice liability, and intrinsic motivation

We develop a simple multi-task principal-agent model to analyze the interplay between optimal reimbursement schemes for hospitals and liability rules (basic model). We then extend our model and assume that the hospital is intrinsically motivated to exert positive effort for quality and cost reduction. This effort, however, is biased towards quality. Moreover, the intrinsic motivation may be crowded out by monetary incentives. In such a setting, we find that a pure prospective payment system (PPS) that has become widespread in recent years can only be optimal in the unlikely case where malpractice liability holds hospitals fully responsible for expected harm. For other cases, we confirm the prejudice that PPS may lead to inefficiently low quality. Then, the traditional fee-for-service (FFS) system is superior if the intrinsic motivation is high and relatively little biased towards quality, whereas mixed systems should be chosen otherwise. Our model sheds light on why countries like the USA with a tough liability system haven been less reluctant to switch from FFS to PPS than Germany, for instance.     

Privative clauses in special education legislative schemes: are they constitutional under the Canadian Charter?

This paper suggests that privative clauses in the enabling statutes (Education Acts) governing provincially appointed special education appeal tribunals (SET) are unconstitutional under the Canadian Charter of Rights and Freedoms. It is suggested that ‘final and binding’ SET decisions about children's designation as special needs and their educational placement infringe upon the Charter rights of both parent and exceptional child. The standard for judicial review of SET decisions, given a privative clause, is whether the decision is ‘patently unreasonable’ while ‘correctness’, according to case law, is the appropriate standard when finally determining fundamental rights. Parents of exceptional children in practice have recourse to the courts regarding only procedural rather than substantive issues regarding SET decisions due to the high deference the courts afford any administrat ive tribunal protected by a privative clause. The very high judicial review standard of ‘patently unreasonable’ rather than ‘correctness’ is not consistent, furthermore, with the child's ‘best interests’ or in meeting international obligations to disabled children under the Convention on the Rights of the Child.     

Justice and Public Opinion from a Comparative Perspective

Toril Aalberg’s book links a wide array of issues and perspectives that conventionally are kept apart. She combines normative theory with empirical justice research, takes a longitudinal as well as a cross-national perspective, and she discusses her results against the background of the socio-structural and institutional context. The book provides a detailed picture of the attitudinal landscape and is a rich source of comparative data on social justice attitudes. The exceptionally wide variety of approaches that are used represents an asset of this analysis and addresses the need for an encompassing view on the issue of justice. At the same time, when recapitulating the results, it becomes evident that this strategy also entails dangers: Aalberg’s approach requires a more comprehensive conceptual framework that allows a coherent interpretation of her findings. It is argued that normative institutionalism would offer a suitable frame of interpretation for the subject and design employed.     

Linkages between Decentralisation and Inequalities in Neonatal Health: Evidence from Indonesia

This study uses five waves of the Indonesian Demographic Health Surveys to analyse decentralisation and geographical inequality in health services delivery. Accounting for unobserved community-level heterogeneity with random effects and correlated random effects models, we link facility-based birth delivery to the period of decentralisation and Indonesia’s major island groups using a pooled sample of 71,815 children. We also generate direct estimates of neonatal mortality from 1990 to 2007. The results show that the implementation of decentralisation has accorded with a marked expansion in both health service and outcome inequalities in Indonesia, at least with respect to neonates. Systemic funding failures for health and decision-space issues resulting from decentralisation are likely to have greater impact in disadvantaged regions where local capacity is weakest. The need to address these fundamental issues to reduce inequalities and improve general health outcomes appears supportable.     

Criminal superstition, pregnancy and infants at the turn of the 19th century

Around 1900, various crimes were still caused by criminal superstition. Criminologists like Hans Gross, Albert Hellwig and August L?wenstimm were engaged in the exploration of this topic aiming at the complete explanation of criminal behaviour linked to superstition. Crimes against pregnant women and infants are particularly good examples to illustrate the problems arising from crimes motivated by superstition. When assessing superstition under scientific and legal aspects, the criminologists applied different approaches, although positivistic rationalization was the most common tendency. In the forensic and legal evaluation of crimes related to superstition the problematical questions were whether the perpetrator was criminally responsible and how the offence was to be legally qualified. In many cases, criminals motivated by superstition were treated with more lenience.     

A Helping Hand? The Moderating Role of Leaders' Conflict Management Behavior on the Conflict–Stress Relationship of Employees

Interpersonal conflict between colleagues within organizations negatively affects employee well‐being (e.g., stress). It is unclear how leaders' third‐party conflict management behaviors influence the relationship between employee conflict and well‐being. In this study, we examine the effects of leaders' perceived conflict management behaviors on the relationship between relationship, task, and process conflicts and the conflict‐related stress (as a measure of well‐being) that employees experience. We tested our expectations using a survey of 145 employees of an insurance company in the Netherlands. The results confirmed our expectations that the perception that leaders engaged in third‐party forcing behavior and avoiding behavior amplified the effects of conflict on conflict‐related stress. Furthermore, we found that leaders' third‐party problem‐solving behavior had a buffering effect on the association between relationship conflict and conflict‐related stress. Theoretical and practical implications are discussed.     

Flow cytometric evaluation of postmortem pulp DNA degradation

During postmortem autolysis, cellular organelles and nuclear DNA break down into their constituent parts. DNA flow cytometric analysis was applied to study the denaturation of splenic cell DNA as a possible method for postmortem interval determination. DNA denaturation continued for 72 hours at a constant rate, with no intact DNA peaks thereafter. The value of using dental pulp tissue for flow cytometric determination of postmortem interval was investigated. The pulps of 57 routinely removed impacted third molars from patients 15 to 30 years of age were obtained. Pulp tissue was removed at 24, 48, 72, 96, 120, and 144 hours postextraction. Debris (degraded DNA) was defined as all signals left of the standardized mean 2n peak and expressed as a percentage of the total number of signals. In contrast to the splenic cell DNA, dental pulp tissue exhibited minimal DNA degradation by 144 hours postextraction, and no constant relation was found between time and DNA degradation during this time. In this study, pulp tissue was found to be unreliable to determine the early postmortem interval but might be of greater value in the later stages.