„Auf dem Weg zum Umweltgesetzbuch“

Ohne Zusammenfassung     

Democratic Global Internet Regulation? Governance Networks,International Law and the Shadow of Hegemony

Abstract: The field of global Internet Regulation serves as a prime example for the rise of global ‘a‐centric’ and ‘self regulatory’ governance structures. The most prominent private organisation in this field is the Internet Corporation of Assigned Names and Numbers (ICANN). ICANN was founded as a private non‐profit organisation comprising private and public actors that run the Internet domain name system, a crucial part of the Internet technical infrastructure. It claims to be a participatory network that enables deliberation among the ‘relevant’ commercial and non‐profit actors in the Internet field. This normative aspiration of a legitimate sectoral polity beyond governmental and intergovernmental policymaking can also be isolated as the driving force behind a certain strand within the literature on global governance. The paper undertakes a critical analysis of this claim within the ICANN context.     

法学是一门科学吗?(下)

八、自然法——未触及生活之需求与经验的抽象真理现在,在这样的基础上,兴起了一个新的学科,此学科在接下来的一个半世纪中,掌握了法学领域思想上的主控权。这个新学科就是自然法。很少有哪部学术著作,能够像荷兰的天才学者Hugo Grotius在1654年出版的(后来的再版次数,无以计数     

Networks of Trade Protest in the Americas: Toward a New Labor Internationalism?

In the mid-1990s, for the first time in the history of the Americas, truly hemispherewide collaboration among labor organizations became possible. Yet this new political opportunity structure has not brought actors together in an undisputed new labor internationalism. This article focuses on two key sources of contention among labor organizations in the context of free trade mobilizations between 1990 and 2004: the discussions about coalition building with other civil society actors and the debates about including a social clause in trade agreements. It argues that transnational collective action occurs parallel to the continued relevance of national-level claims and targets, and that this simultaneity represents a real source of challenges, for scholars and labor organizations alike. Based on social network data and qualitative interviews in Brazil, Mexico, Chile, and the United States, the article analyzes the actions taken by labor organizations, and how these changed through time.     

A “Slice of Cheese”—a Deterrence-Based Argument for the International Criminal Court

Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another “slice of cheese” to our comprehensive crime preventive system modelled along the lines of James Reason’s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred.     

Crime and reactions to crime in 34 Swedish birth cohorts: from historical descriptions to forecasting the future

This article analyses 34 Swedish birth cohorts with regard to their participation in crime as measured by data from the convictions database maintained by Statistics Sweden. Most existing cohort studies are limited to one or a few cohorts. By contrast, the present study includes 34 cohorts, i.e. all persons born in Sweden between 1958 and 1991. The article discusses methodological problems associated with this type of approach and examines the possibility of making forecasts. The central results are that the number of males with a criminal record has decreased, whereas the number of females has remained fairly stable. Forecasts indicate that the cohorts' participation in crime will continue to decrease. Research and policy implications of the findings are outlined. It is proposed to introduce cohort statistics as a standard branch within regular criminal justice statistics.     

Review essay / lifeboat law

A. W. Brian Simpson, Cannibalism and the Common Law Chicago: The University of Chicago Press, 1984     

Social rationalization of living and housework in Germany and the United States in the 1920s

Because the idea of economic rationalization found its strongest promoters in the US and Germany during the 1920s, it makes sense to compare the two countries and to ask how the idea of economic rationalization was transferred into other areas of society, such as the private sphere of families and their homes. The article draws comparisons in a number of different areas, such as housing policy, the education of taste, domestic cleanliness, and the structure of reformers' ideas. In both countries special associations and journals were founded to instruct housewives, and reformers idealized a “classic” family pattern that centered on individual households with gender division of labor but fewer children. The social rationalization of people's daily lives in both countries was not an easily accomplished process, nor was it carried out sucessfully in all the areas targeted by reformers.