Proportionality in the philosophy of punishment: From “why punish?” to “how much?”

This article is a substantially revised version of a paper originally prepared for the International Conference on Justice in Punishment, Jerusalem, Israel, March 27–31, 1988.     

Age determination of an unknown body in early adulthood

The authors report on the estimation of the age of an unidentified deceased adolescent in connection with the body's identification. A physical examination by a forensic physician and an examination by a forensic dentist, including determination of the dental status and an X-ray of the teeth were used to estimate the age. In addition, an X-ray of the left hand as well as an X-ray and MRT scan of the clavicles were carried out by forensic radiologists. Combining the results of the individual examinations, the age of the deceased was estimated to range between 18 and 21 years. In the course of the police investigation it was found out that the deceased was 20 years and 7 months old. This has led to the conclusion that combined use of methods allows the age even of adolescents to be determined with relatively high accuracy and a minimum of time and effort.     

The deadly broomstick: an unusual missile injury to the neck

A 51-year-old man was struck by the tip of a broomstick weighing 1000 g at the left side of the neck, upon which he collapsed. Intense but delayed cardiopulmonary resuscitation restored the circulation roughly 30 minutes after the incident. Upon admittance to a nearby hospital, an extensive hypoxic cerebral damage was diagnosed. Death due to the severe cerebral damage occurred 5 hours after the incident. An autopsy demonstrated a severe subcutaneous traumatization of the left side of the neck, with a hemorrhage compressing the carotid bifurcation. A prolonged excitation due to this ongoing compression of the baroreceptors in the carotid sinus was assumed to have led to a cardiac arrest. In this case report, the authors discuss the underlying pathophysiology of this potentially lethal and rare reflexogenic incident also known as the Hering reflex and discuss possible therapeutic measures.     

Contrasting Strategies within the War Crimes Trials of Kesselring and Wolff

This article compares the different ways in which, during the post-war decades, the Allied war crimes trials programme responded to the war criminality of two prominent German officials: Field Marshal Albert Kesselring and SS General Karl Wolff. It explores the question of why Wolff, whose complicity was arguably much greater than that of Kesselring, received more favourable treatment, and the role of various political and geo-political factors, including those influencing the interventions of US intelligence officials, as explanations for this apparent legal discrepancy. Dr. Kerstin von Lingen is a researcher at the Centre for Studies on Experiences in War (SFB 437 “Kriegserfahrungen”) at Tubingen University, Germany; Dr. Michael Salter is Professor of Law at The Law School, University of Central Lancashire, United Kingdom.     

Introduction

Abstract. The author recalls a distinction between philosophy conceived as "analytics of truth" and philosophy as "ontology of the actual." The latter might be seen as a diagnostics of our times. For this second type of philosophy questions of legitimation are prominent. According to the author, one can distinguish three main sources of legitimacy of beliefs and practices: religion, reason, and nature. Reason has been considered the most important legitimating ground as far as modernity is concerned. Nevertheless, it has never been very clear what reason as a source of legitimation amounts to. The author, finally, points to the fact that, in times of increasing menace to the biosphere, "nature"– metaphorically speaking – may set a standard for human laws.     

Postmortem decomposition of neutral lipids. Use of modern methods of analysis (HPLC, capillary GC, GC-MS and NMR) in adipocere formation

The chemical composition of subcutaneous fats was analyzed in a corpse that had died from drowning. The skin of the cadaver examined postmortem showed different stages of adipocere. Samples from these regions were chemically compared with the fatty tissue of a person who had died recently. HPLC, GC, GC-MS, NMR (1H- and 13C-NMR), TLC and titrimetrical methods were used to evaluate the degree of decomposition. The fatty acid pattern of the triglycerides (TG) and the free fatty acids (FFA) obtained by TLC separation was also investigated. Some discrepancy was observed between the autopsy findings and the results of the chemical analysis. It is suggested that the autopsy should be supplemented by chemical analysis in order to describe the state of adipocere correctly.     

Die Wirkung von institutionellen Reformen dargestellt am Beispiel der Reform des Kommissionensystems der Schweizerischen Bundesversammlung von 1991

Die finanzielle Situation des Bundeshaushaltes erfordert nicht nur vermehrte Sparanstrengungen und Entschuldungsmassnahmen, sondern auch tiefgreifende Regierungs- und Verwaltungsreformen, welche sogar vor dem Vollzugsföderalismus nicht Halt machen. Dieser Beitrag zur Staatsreformdiskussion versucht eine wirtschaftlichkeitsorientierte Gesamtbeurteilung der geplanten Reformvorhaben auf Bundesebene. Nach einer Analyse der möglichen Effizienzbeiträge wird geprüft, wie die einzelnen Reformvorhaben zusammenpassen, welche Schritte vordringlich einzuleiten sind und welche Realisierungschancen den einzelnen Projekten zukommen.