Fines and Justice Administration: The Experience of the Federal Republic of Germany

As part of the penal code revised in 1969, the Federal Republic of Germany increased its reliance on fines, including the introduction of day-fines, in lieu of short-term imprisonment for minor offenses. The previous trend toward the use of fines was accelerated by the requirement that courts order imprisonment only in exceptional cases. Traffic cases were particularly affected. The qualities of the offense and the absence of previous offenses, rather than an individualized study of the offender, continued to be the dominant criterium influencing the choice of a fine. The chief effect of day fines was higher amounts applied to the more affluent defendants; the amount of the fine appeared to have no effect on subsequent recidivism. For first offenders, fines were superior to imprisonment in avoiding reconviction. Day-fines were no more effective (but not less effective) than imprisonment in the instance of traffic offenses. Fines were superior to other sanctions for petty property offenders but not for career thieves.     

Documentation of torture and cruel,inhuman or degrading treatment of children: A review of existing guidelines and tools

The documentation of individual cases of child torture is of paramount importance to bring justice to, and help heal, individuals and sensitize societies. Our objective is to systematically review medical guidelines for the recording of individual cases of child torture or cruel, inhuman or degrading treatment (CIDT). We searched CINAHL, Embase, the Guidelines International Network, Lilacs, Medline, the National Guideline Clearinghouse, PsychInfo and all websites of the organizations participating in the updating of the Istanbul Protocol for guidelines or studies on how to document torture, CIDT or abuse in persons under 18 years. We did not find a comprehensive guideline that encompassed all aspects of the documentation of child torture, as does the Istanbul Protocol for adults. An expert opinion guideline on how to document sexual torture in children was found, and in addition we identified 13 consensus-based guidelines for the evaluation of abuse in children or specific aspects thereof. We strongly recommend a child specific, comprehensive guideline on the documentation of torture and CIDT in children.     

Is it Fair to Share? Perceptions of Fairness in the Division of Housework Among Couples in 22 Countries

This study explores the relationship between the actual division of housework and men’s and women’s perceived fairness in this regard. The central question is how the actual sharing of housework influences the perceptions of fairness in the division of housework. It is hypothesised that the perceptions of fairness differ between policy models. In countries where gender equality has been more present on the political agenda and dual-earner policies have been introduced, people are expected to be more sensitive to an unfair sharing or division of housework. By analysing the relationship between actual division of housework and perceptions of fairness in household work for 22 countries representing different family policy models, the study takes on a comparative perspective with the purpose of analysing the normative impact of policy. The analysis draws on data from the 2002 round of the International Social Survey Programme on family and changing gender roles. The results show that in countries that have promoted gender equality through the introduction of policies with an aim to promote dual roles in work and family, both women and men are more sensitive to an unfair division of household labour. The difference between perceptions in the different policy models is greater among men than among women, indicating that a politicization of the dual-earner family is more important for men’s equity perceptions than women’s.     

Identity and redistribution

This paper models the interaction between individuals’ identity choices and redistribution. Both redistributive policies and identity choices are endogenous, and there might be multiple equilibria. The model is applied to ethnicity and social class. In an equilibrium with high taxes, the poor identify as poor and favor high taxes. In an equilibrium with low taxes, at least some of the poor identify with their ethnic group and favor low taxes. The model predicts that redistribution is highest when society is ethnically homogeneous, but the effect of ethnic diversity on redistribution is not necessarily monotonic.     

Politicisation of the EU Budget: Conflict and the Constraining Dissensus

The current political climate in the European Union, referred to as the ‘constraining dissensus’, may place negotiations on the multiannual EU budget centre stage. Media framing of EU budget negotiations as conflict between member states may reinforce the constraining dissensus by resonating with exclusive national identity. In contrast, media emphasis on conflict within or across member states may alleviate the constraining dissensus by strengthening cross-cutting cleavages. This study tests hypotheses about patterns in politicisation of the EU budget in three budgets (Delors II, Agenda 2000, Financial Perspectives 2007–2013), three countries (the Netherlands, Denmark and Ireland) and two forums (media and national parliaments). It finds predominant international conflict framing, especially in media. Thus, media coverage of EU budget negotiations likely reinforces the constraining dissensus. However, as debates intensify, the constraining dissensus may be loosened through more pluralist framing in the debates. Further comparative empirical research into the dynamics of politicisation is called for.     

Decoupling trends: Drivers of agency independence in telecommunications: An analysis of high and middle-income countries

Global diffusion of regulatory reforms in telecommunications has prevailed in many countries, engendering major institutional changes and entailing the establishment and/or reform of regulatory agencies. Although the triggers and timing of such agentification processes have been more or less similar, agency independence displays significant cross-country variation. Seeking to explain such variation based on a sample incorporating middle-income countries (MICs), this paper examines the impact of political-institutional settings in which the agencies operate, in addition to the impact of economic parameters. Regression analysis reveals that political rights appear as the central parameter, while their impact is more robust in MICs than in advanced countries. The results underscore considerable cross-national variation in regulatory governance, along with a noteworthy decoupling between MICs and advanced countries. Concurring with the regulatory regionalism perspective, the paper delineates distinct regional clusters, albeit remaining agnostic about the determinants of such clusters.     

Do young female candidates face double barriers or an outgroup advantage? The case of the European Parliament

While intersectionality is a recurrent theme in the literature on women's political representation, few studies empirically disentangle who are the women who get elected to parliaments. An argument on biases in recruitment practices suggests that those who are members of more than one outgroup, such as young women, benefit from an ‘outgroup advantage’. In elections, a candidate with two outgroup features might attract more voter support than a candidate with just one outgroup feature. Hence, nominating a candidate that is both young and female could be a rational move by (male) elites in political parties that allows them to open fewer seats to newcomers. These expectations are tested on data for all members of the European Parliament since 1979. Not only is it found that women's presence increased steadily throughout the parliament's history, but also that women's representation is consistently highest among the group of young representatives, lower among middle-aged Members of the European Parliament and lowest among older representatives.     

“A strange job”

Abstract

I was heading toward the clock tower along the broad pavement leading to Tokyo University Hospital and had reached the intersection where the view suddenly opens up to a wide vista, when I heard a lot of dogs barking. The sound came from somewhere near a building under construction, its steel framework jutting up against the sky behind the swaying tops of the saplings lining the avenue. Each time the wind shifted, the sound of the dogs swelled violently as if the terrible clamor were rising to the sky itself. Then the sounds would trail off, the echoes lingering persistently in the distance. Every time I'd walk along this road, head bent, shoulders hunched forward, I'd strain my ears as I came to the intersection, half-expecting to hear the dogs, although there were many times I never heard them at all. But anyway, it wasn't because these howling dogs aroused any particular concern in me.     

Someone else's feet

Abstract

Our Life was a succession of quiet days spent placidly inside thick wall of phlegmatic indifference. We lived in a strange state of imprisonment, entirely cut off from the outside, yet we had no thought of escaping nor the least enthusiasm for news of the outside. You could say that, for us, the outside world just didn't exist. Inside our wall, we lived quite fully and cheerfully.