The Many Meanings of Equality and Positive Action in Favour of Women under European Community Law - A Conceptual Analysis

Abstract: The principle of equality of men and women as understood by Community institutions covers four distinguishable aspects. The first is equal treatment, defined in Community texts as the absence of legal gender discrimination. This concept focuses on individual rights and does not take into account the social context in which rules function. Second, the Community seeks to realise equal opportunities, understood as factual equality of chances. Third, Community law displays a concern for factually equal outcomes. The institutions accept legally different treatment that seeks to equalise unequal living conditions and inversely admit that facially neutral rules can have discriminatory effects. Finally, various documents conceive of gender equality as equal representation of the sexes in professional and public life. In the Kalanke decision of October 1995, the Court for the first time dealt with quotas in favour of women. It held that a national provision granting female candidates an automatic preference is incompatible with the right to equal treatment. The Court failed to acknowledge the tensions that arise from the coexistence of paradigms. An awareness of the multiplicity of concepts of equality, exhibited in Community law and rooted in the common constitutional heritage of the Member States, is however a prerequisite for a more sophisticated discussion of the issue of positive action.     

Analysis of lipsticks

A combination of thin-layer and gas chromatography has been shown to be suitable for the analysis, characterisation and discrimination of the small quantities of lipsticks which may be encountered in forensic casework.     

Ways of Knowing and Inclusive Management Practices

The authors engage structural and agentic perspectives to examine opportunities for deliberation and the purposeful role of managers in creating those opportunities. Drawing on actor-network theory as a way of understanding the process of structuring knowledge, this essay focuses on the continuous enactment and reenactment of networks of human and nonhuman actants and the associations that connect them. This thinking is applied to policy issues, which the authors propose should be understood as ways of knowing. The fluidity of such ways of knowing provides opportunities for public managers to use the inclusive practices associated with boundary experiences, boundary objects, and boundary organizations to facilitate deliberation.     

Effects of Testimonial Inconsistencies and Eyewitness Confidence on Mock-Juror Judgments

This study examined the interaction between testimonial consistency and eyewitness confidence on mock-jurors' judgments of probability that the defendant committed the crime and verdicts. In a 2 (testimonial consistency) × 2 (confidence) between-groups design, 130 mock-jurors listened to an audio-taped trial of a person charged with armed robbery. Manipulations were contained in the prosecution witness's responses to detailed questioning by prosecution and defense attorneys. Although consistency is considered to be a key marker of accuracy, its impact on judgments was weak and nonsignificant. Witness confidence had a strong influence on judgments, whether testimony was consistent or inconsistent. We suggested that witness confidence may be more likely to emerge as a dominant influence on juror judgments when the testimony is wide ranging rather than relatively brief and concerned only with a specific issue (e.g., identification confidence).     

Demultilateralisation: A cognitive psychological perspective

This contribution seeks to illuminate the looming phenomenon of demultilateralisation and the return of and to the nation state, i.e. closure. Whereas many reasons for opening and closure have been discussed by Habermas in his eminent essay, we aim at providing an additional dimension, taking a psychological point of view and analysing this proclivity from a behaviourally informed perspective. Following a short recapitulation of the evolution towards postnationalism, we briefly sketch the current phenomenon of demultilateralisation and renationalisation. We then contribute to the current debate by providing cognitive psychological insights drawing on well‐researched biases that offer the greatest potential to explain the current outbreak of closing tendencies, namely prospect theory, including the endowment effect, framing, the availability bias and so‐called hawkish biases. This may add an explanatory dimension to why nationalistic politics have become again the beguiling sanctuary of the people. We attempt to define scope conditions of closure.     

Value-Based Collaboration Between Leaders at Schools of Music and Performing Arts and Leaders at Compulsory Schools

In this study, we investigate collaboration efforts between leaders at schools of music and performing arts and leaders at compulsory schools, as well as the drivers behind the initiation and maintenance of such collaborative work. One driver is an existing concern about the lack of qualified music teachers at compulsory schools. We argue, however, that the real force behind such collaboration is a strong belief in the pure value of music and art among the collaborating leaders. Our findings indicate that value congruence and social exchanges across the organizations in question, provides the core basis for an effective collaboration.