The prosecution of bias crime in the Netherlands and the problem of net-widening: fundamental limits to criminal liability

Crimes that are committed with bias motives are categorised as ??hate?? or bias crimes and are punished more severely than nonbias crimes. However, bias crime laws are often applied to offences where there is no clear evidence of a bias motive. Based on the results of 318 case studies into bias crime prosecutions in the Netherlands, this paper demonstrates that the causes of net-widening should be sought in the action-oriented nature of criminal law reasoning. Decision makers rely on objective behavioural indicators to infer motives. However, these are rarely reliable. We argue that this process results in a transformation of bias crime laws. They are no longer used to punish harmful motives. Rather, they are used to combat behaviour that is considered socially harmful on account of its perceived intolerant, racist or xenophobic message. This forces us to reconsider the justification behind trying to punish motive.     

Namibia and nuclear proliferation

This article offers a discussion of the probable effects of a Worldwide Patent System for developing countries. It draws upon insights from the ongoing processes in the World Intellectual Property Organization and elsewhere relevant for the global patent system and discusses these features from a developing country perspective. For scientifically advanced developing countries the effect in their most advanced and most global enterprises is potentially positive as they will benefit as much as other multinational companies. In areas of research and development where these most advanced developing countries do not possess a high level of technological capacity, a Worldwide Patent System is unlikely to create any benefits for them. For countries with the ability to copy and produce inventions made by others a Worldwide Patent System will have a negative effect as inventors will have little opportunity to utilise the system, whereas they will be bound by a larger number of exclusive rights narrowing down their space for innovation. For the least developed countries an additional problem arises: it might become even more difficult to import essential goods because patents will be in force in these countries even though there is no production of that product in the country.     

关于“民主法治村（社区）”创建的实践与思考——以成都市为例

创建＂民主法治村（社区）＂是落实依法治国方略的具体实践,是构建和谐社会的重要标志,是增强基层政权和自治组织凝聚力的重要手段,是维护基层社会稳定的重要举措。近年来,成都市扎实有序地开展了＂民主法治村（社区）＂创建工作并取得了明显成效,但还存在发展不平衡、制度欠完善、创建经费不足等问题。因此,需要不断深化创建工作,以进一步夯实＂法治成都＂的根基。     

Book reviews

Hauptstadtsuche. Hauptstadtfunktionen im Interessenkonflikt zwischen Bonn und Berlin, Frankfurt a. M. By Klaus von Beyme. (Edition Suhrkamp 1709, Neue Folge 709) Suhrkamp Verlag, 1991.

Enlargement without Accession: The EC's Response to German Unification. RIIA Discussion Paper no. 36. By David Spence. London: Royal Institute of International Affairs, 1991. £5.00 pb.

A History of Germany 1815–1990. Fourth Edition. By William Carr. London: Edward Arnold, 1991. £12.95 pb.

The End of the East German Economy. By Philip J. Bryson and Manfred Melzer. Basingstoke and London: Macmillan, 1991. £40.00 hb.

Federal Republic of Germany and EC Membership Evaluated. Edited by Carlchristoph Schweitzer and Detlev Karsten. London: Pinter, 1990. £30.00 hb.

Postmodern Politics in Germany: The Politics of Resentment. By Hans‐Georg Betz. Macmillan: Basingstoke and London, 1991. £35.00 hb.

Germany in the Twentieth Century. By David Childs. London: Batsford, 1991. £25.00 hb.

Upheaval against the Plan: Eastern Europe on the Eve of the Storm. Edited by Peter R. Weilemann, Georg Brunner and Rudolf L. Tökes. Oxford: Berg, 1991. £27.50 hb.

Germany and European Integration. The Common Agricultural Policy: an Area of Conflict. By Gisela Hendriks. Oxford: Berg, 1991. £25.00 hb.

Britain's Policy for West German Rearmament 1950–1955. Cambridge Studies in International Relations 13. By Saki Dockrill. Cambridge: Cambridge University Press, 1991. £27.50 hb.