On our terms! How domestic elites localised the International Commission Against Impunity in Guatemala

Abstract

In summer 2004, an UN-sponsored international rule of law commission based on an initiative of the Guatemalan human rights community was rejected by Guatemalan political elites. In 2007, a new version, the International Commission against Impunity (CICIG), was approved by the Guatemalan Congress and has since been active in the country, supporting the modernisation of the Guatemalan judicial system and the investigation and prosecution of criminal networks. The CICIG has been hailed as part of a new generation of rule of law promotion that addresses the problems of post-conflict states. How did this change in elite support come about? Neither increased pressure from the international community nor changes in the elite groups in power can fully explain this shift. Rather, Guatemalan elites actively reshaped the commission; in addition, the human rights community reframed it to better fit the risk perceptions of the general public.     

A Grand Coalition for the Euro: The Second Merkel Cabinet,the Euro Crisis and the Elections of 2013

This article argues that the reaction of the second Merkel government to the sovereign debt crisis in the Eurozone was conditioned by informal and formal policy commitments that were put into place by the preceding CDU/CSU and SPD Grand Coalition after the financial crisis of 2007/08. The decisions were shaped by a cross-party consensus among Christian Democrats and Social Democrats about the causes for the good performance of the German economy in the past decade. Both parties also shared the determination to save the euro and to preserve the integrity of the Eurozone. As a result, an informal Grand Coalition emerged in 2011/12 which shaped Germany's policy reactions during the euro crisis down to the details. One important consequence of this development was that the euro bailout measures and the ensuing reforms of the institutional framework of the Eurozone did not become decisive issues during the Federal elections of 2013, despite their unpopularity among the voters.     

Social perception of rape: how rape myth acceptance modulates the influence of situational factors

This study assessed the role of rape myth acceptance (RMA) and situational factors in the perception of three different rape scenarios (date rape, marital rape, and stranger rape). One hundred and eighty-two psychology undergraduates were asked to emit four judgements about each rape situation: victim responsibility, perpetrator responsibility, intensity of trauma, and likelihood to report the crime to the police. It was hypothesized that neither RMA nor situational factors alone can explain how rape is perceived; it is the interaction between these two factors that best account for social reactions to sexual aggression. The results generally supported the authors' hypothesis: Victim blame, estimation of trauma, and the likelihood of reporting the crime to the police were best explained by the interaction between observer characteristics, such as RMA, and situational clues. That is, the less stereotypic the rape situation was, the greater was the influence of attitudes toward rape on attributions.     

Erzählungen des Kindes‐ und Erwachsenenschutzes: Eine Anwendung und Erweiterung des Narrative Policy Frameworks

The Child and Adult Protection Authorities (KESB) have been the subject of controversial discussion since their establishment in 2013. The reform of the Guardianship Law provided for an institutional shift away from local guardianship authorities to regional specialist authorities. This article uses the Narrative Policy Framework (NPF) to examine the history of today’s controversy, simultaneously proposing an analytic strengthening of said framework. Previous NPF studies summarize policy actors into opponents and proponents. As a result, we do not know whether different actors use different narratives. We therefore separate the expert from the MP discourse. The analysis shows that the experts' arguments for a new institutional arrangement and a person‐oriented narrative dominated, which put the fundamental rights of the persons affected by guardianship measures up front. The study contributes to the understanding of the current controversy, in which a person‐oriented narrative seems to be dominant again, directed against the new authorities.     

德国法学方法论

一般认为,对于一门学术型学科而言,一套方法的存在及由此而形成的方法论至关重要。在德国,法律一直以来都是一门学术型学科。作为被称之为"法学"(字面意思是法律"科学",更确切地说是有关法律的学问)的研究对象,法律以具有一套专门的法学方法论为其特征。在德国大学法学院中,法学方法论是一门非常重要的讲授科目,且围绕这门课程有大量的法学文献。这些文献所讨论的是德国法律人如何(或者更准确地说:应该如何)开展法律工作。德语文献相关讨论中的一个特殊之处在于,在概念上区分"法律解释"与"法的续造"。方法论的讨论涉及制定法解释的各种相关要素、先决条件、不同层级,以及法的续造的合法性等问题。除此之外,还应意识到,对于德国法方法论的讨论是在不同的政治发展历程下展开的。基于此,本文从以下五个一般性话题展开对方法论的讨论:第一,德国、瑞士以及奥地利在方法论上的共性;第二,方法论讨论的规范特征;第三,不同法律领域中所出现的方法论上的差异;第四,法教义学与法学方法论的关系;第五,德国所讨论问题的历史背景。