Psychological Aspects of Property and Ownership

Although property lawyers and theorists were always interested in the legal doctrinal construction of property rights and in political, moral, or economic justifications of property rights through the course of history, they very rarely looked into possible psychological roots of property rights and the powers they entail. Similarly, psychologists (whether with a focus on individual or social psychology) provide models for the explanation of a person’s behaviour and the social interactions of humans, but they rarely touch upon property rights at all, and if so, only in brief passing comments. The one extensive study on the social psychology of property appeared 75 years ago. This paper looks into modern research of individual and social psychology and assesses whether some of the findings can be used to explain a psychological basis for the existence and importance of property rights. That may also be a starting point for a modern interdisciplinary study in this area.

Die gesetzliche Ausgestaltung der mietvertraglichen Erhaltungspflicht und die Grenzen ihrer Disponibilität (1. Teil)

Die Ausgestaltung der mietvertraglichen Erhaltungspflicht im ?sterreichischen Recht, va das Verh?ltnis von § 1096 Abs 1 Satz 1 ABGB zu einschl?gigen bestandschutzrechtlichen Sondernormen, sowie die Grenzen der Disponibilit?t der mietvertraglichen Erhaltungspflicht stellen mittlerweile die am intensivsten diskutierten Fragen des ?sterreichischen Wohnrechts dar. Der folgende Beitrag unternimmt den Versuch, ein Resümee aus dieser Diskussion zu ziehen und unter Würdigung m?glichst aller bereits vorgetragenen Argumente zu ermittlen, welche Antwort auf diese Fragen den Vorgaben des geltenden Rechts am besten gerecht wird.     

Suicide by means of a charcoal grill. Casuistic report with review of the literature

Due to the conversion of the gas supply from city gas to CO-free natural gas and the introduction of the catalytic converter technology for motor vehicles the number of suicides by CO poisoning has decreased considerably. Nevertheless suicides by CO poisoning are still committed once in a while. In the described case from the autopsy material of the Institute of Legal Medicine at Münster, the suicide used a charcoal grill as the source of carbon monoxide.     

Criminal recidivism in sexual homicide perpetrators

Forensic psychiatric reports on 166 sexual homicide perpetrators in Germany were retrospectively analyzed for criminal risk factors. Follow-up information about release and reconvictions from federal criminal records was available for 139 offenders; 90 (64.7%) had been released. The estimated recidivism rate (Kaplan-Meier analyses) for 20 years at risk was 23.1% for sexual and 18.3% for nonsexual violent reoffences. Three men (3.3%) were reconvicted for attempted or completed homicide. Only young age at the time of sexual homicide resulted in higher sexual recidivism, whereas increased nonsexual violent recidivism was related to previous sexual and nonsexual delinquency, psychopathic symptoms, and higher scores in risk assessment instruments. Increased recidivism with any violent reoffence was associated with age-related factors: young age at first sexual offence, at homicide, and at release and duration of detention. The impacts of the results for risk assessment, relapse prevention, and supervision are discussed.     

Testing the west: Consumerism and national identity in eastern Germany

With unification, Western‐style consumerism washed over East Germany in a gigantic wave that stood in marked contrast to the socialist reality of limited supply and suppressed demands. This article examines the impact of consumerism as a repository of national identities in the new Länder in the aftermath of 1989. It argues that from a quantitative perspective East Germans firmly internalised consumerism by approximating to the consumption levels of their Western compatriots. Easterners also filled consumerism with political meaning. By buying certain products they expressed emerging regional pride, defiance against the sweeping transformation processes and a nostalgic and romanticised reference to the GDR past. These mass‐cultural expressions of national identity serve as telling indicators for the continued separation of the publics’ psyche in east and west.     

A Predictive Test of Voters' Economic Benchmarking: The 2013 German Bundestag Election

Do voters judge their national economy relative to economic performance abroad? In 2013 we took advantage of the German Bundestag election to test this hypothesis predictively. Nearly two months prior to the election, we published an election forecast relying on a theory-driven empirical model of election outcomes that draws on previous election outcomes; characteristics of the government and of voters; and, most originally, the relative economic performance of Germany (‘benchmarked' growth) in comparison to the three other most important economies in Europe – France, the UK and Italy. Our forecast put the outgoing coalition government of CDU/CSU and FDP at 47.05 per cent of the popular vote deviating from the actual outcome of 46.3 by 0.75 points. This makes our forecast one of the most accurate in this election cycle. Despite one-and-a-half months of lead time, our forecast performed on par or slightly better than the last poll results issued only two days before the election.     

Prospects for Solving the Cyprus Problem and the Role of the European Union

Although the Cyprus problem is basically an international questionand a geopolitical issue, the problem's domestic aspects aredirectly related to its international dimension. Resolutionof the problem's domestic aspects, within the framework of afederal constitutional arrangement based on the high-level agreementsof 1977 and 1979, the relevant United Nations resolutions, andthe provisions of the European Union acquis communautaire isperhaps possible. A federal system is a compromise between aunitary state, as initially desired by the Greek Cypriot majority-community,and a confederation, as currently pursued by the Turkish Cypriotminority-community with the support of Turkey. Nevertheless,even though federation is the agreed framework for a solution,a sizable proportion of Greek Cypriots express misgivings abouta federal solution because they fear that what is actually beingdiscussed is a system lying between federation and confederation.A viable federal solution would create a pluralist democraticstate with a market-oriented economy in the Eastern Mediterranean.Given that the Republic of Cyprus is on its way to joining theEU, the EU could play a substantive role in promoting such anoutcome. From a geopolitical perspective, a united Cyprus, asa member of the EU, would be an asset to the EU and also contributeto stability and security in the Eastern Mediterranean.     

The Clandestine Political Economy of War and Peace in Bosnia

Most contemporary intrastate military conflicts have a criminalized dimension: In various ways and to varying degrees they use smuggling networks and criminal actors to create and sustain the material basis for warfare. Despite its importance, the criminalized side of intrastate war and its legacy for postwar reconstruction is not a central focus of analysis in most scholarly accounts of armed conflict. A detailed examination of the Bosnian conflict illustrates the explanatory usefulness of a "bottom up," clandestine political economy approach to the study of war and post-war reconstruction. Drawing on interviews with former military leaders, local and international officials, and in-country observers, I argue that the outbreak, persistence, termination, and aftermath of the 1992–1995 war cannot be explained without taking into account the critical role of smuggling practices and quasi-private criminal combatants. The article suggests the need for greater bridging and broadening of the study of security, political economy, and crime.     

‘AlterNative’ approaches to criminal justice: John Braithwaite’s theory of reintegrative shaming revisited

Conservative crime control measures, such as incarceration, capital punishment, and boot camps, have done little, if anything, to prevent and control crime in North America and elsewhere. What, then, is to be done? Like other progressive criminologists, I contend that we need to radically rethink the administration of justice and seek insight from First Nations societies and communities that rely on informal means of resolving a wide range of conflicts. The main objective of this essay is to demonstrate that such ‘AlterNative’ social control strategies are more effective and humane means of curbing crime and achieving social justice. The progressive initiatives proposed here are heavily informed by the Inuit model of restorative justice and John Braitwaite’s theory of reintegrative shaming. These have the potential to alleviate much pain and suffering caused by crime and other symptoms of structured social inequality.