Authority and Representation

The act of `setting the law' enjoysa central position in Kelsen's theory of authority.His analysis of this act criticizes, amongst others,the assumption of natural-law doctrines that norms areobjective when they duplicate a content given directlyto cognition and independently of the act whereby thenorm is enacted. Correctly, Kelsen attacks the conceptof representation underlying this assumption as anexample of metaphysical dualism and a copy theory ofknowledge. Does, then, an alternative understanding ofauthority require scrapping representation from atheory of positive law? Or does it requireinterpreting representation differently? Following thesecond path, this paper reconstructs the act ofsetting the law in terms of the critical concept ofrepresentation developed by Ernst Cassirer andsuggests how, thus reconstructed, the structure ofthis act can account for the law's authority and itscontingency.

     

Impact of Early Adolescent Externalizing Problem Behaviors on Identity Development in Middle to Late Adolescence: A Prospective 7-Year Longitudinal Study

Adolescents at-risk for problem behaviors can have more difficulties in developing a firm sense of personal identity. Hence the purpose of this prospective longitudinal study was to scrutinize how externalizing problems in early adolescence impact identity development in middle to late adolescence. Participants were 443 (43.12 % female) Dutch adolescents. Teachers rated their externalizing problem behaviors when participants were 11 or 12 years old and their identity formation was studied during five consecutive years (from 14 to 18 years of age). The sample was divided into four groups: boys and girls with a high versus a low-risk for externalizing problem behaviors. Participants completed a self-report measure of identity commitment, in-depth exploration, and reconsideration of commitment. Multi-group Latent Growth Curve and profile stability analyses were used to evaluate identity development across adolescence. Findings indicated that high-risk boys and girls reported a less structured identity, with lower levels of commitment and higher levels of reconsideration of commitment. Since externalizing problems behaviors and lack of a coherent sense of identity might reinforce each other, early intervention for high-risk adolescents might foster positive youth development.     

Negotiated agreements in the Dutch context and its inspirations for Chinese environmental management

Covenants have become a widely used policy instrument in European countries. Covenants are negotiated agreements between government and industry in which industry obliges to take ＇voluntary＇ action to help realizing policy objectives. This paper describes and analyses the evolution and development of the use of such covenant model in European environmental policy practice. After an extensive evaluation of the effect of the covenants in the European context, the paper conducts a comparable study of the Chinese environmental policy context with that in European countries, expose that Chinese environmental policy and environmental practice is still in the first stage of Europe environmental policy and practice evolution. As a conclusion, the paper explores the possible application of covenants as a ＂third strategy＂ in Chinese environmental policy.     

The activists decide: the preferences of party activists in the 2016 presidential nominations

ABSTRACT

One view of presidential nominations in the United States [Steger, Wayne P. 2007. “Who Wins Presidential Nominations and Why: An Updated Forecast of the Presidential Primary Vote.” Presidential Research Quarterly 60: 91–97; Cohen, Marty, David Karol, Hans Noel, and John Zaller. 2008. The Party Decides: Presidential Nominations Before and After Reform. Chicago: University of Chicago Press; Silver, Nate. 2016. “The Republican Party May Be Failing.” FiveThirtyEight. https://fivethirtyeight.com/features/the-republican-party-may-be-failing/] claims that the support of political elites is causally related to success in the nomination. The mechanisms for this relationship include party activists, who follow the cues party leaders send and provide necessary support to candidates in primaries and caucuses. This mechanism has not been explicitly tested. This paper explores the preferences of party activists in light of the unified elite preferences among Democrats and the lack of such unity among Republicans. Some activists in each party resist the signals from elites, but the resistance is far less widespread in the Democratic Party, where party leaders exhibited consensus support for the eventual nominee.     

Ellen Krüsemann: Biotopverbund im Naturschutzrecht

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