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Rezension: Andreas Schadauer: Wissen in Zahlen? Zur Herstellung quantitativen Wissens in der Sozialwissenschaft
Get PDFFreedom and Personal Autonomy as the Foundation of Private International Law and the Cornerstone of Individual Rights in the AI Era
Get PDFAn examination of private international law manuals and relevant legislation demonstrates that the autonomy of the will constitutes a fundamental epistemological principle underpinning the field. However, this freedom is neither absolute nor unbounded. The binding force of pacta sunt servanda, the limitations imposed by public law, the operation of mandatory rules (lois de police), the demands of public policy (ordre public), and the necessity of protecting weaker parties all constrain its exercise. In contemporary private international law, the principle has evolved into a pervasive and dynamic norm, deeply embedded in legal practice while continuously adapting to new challenges. In the emerging era of artificial intelligence, the autonomy of the will must be reaffirmed as a cornerstone of individual rights, ensuring the preservation of personal freedom amidst technological transformations
Constitutionalizing the Environment in 21st Century Europe: Innovations for Greener Constitutions
Get PDFThis paper analyzes and systematizes innovations in the constitutional entrenchment of environmental protection provisions, moving beyond the mere recognition of the right to a healthy environment or the affirmation of general policy declarations. Using the comparative constitutional method, it examines relevant provisions in the constitutions of France, Montenegro, Hungary, Austria, and Slovenia. The findings reveal significant diversity in the scope and manner of environmental constitutionalization, contrasting with the similarities observed among constitutions adopted in the 1990s. Identified approaches include the integration of environmental law principles, the constitutional recognition of procedural environmental rights, and the establishment of institutions dedicated to environmental protection. These constitutional innovations demonstrate significant potential for broader adoption, thereby strengthening frameworks for environmental protection and enhancing the safeguarding of human rights and liberties
The Essential Role of Gender Sensitization Training in Legal Education
Get PDFRaising awareness of gender equality among law students is often overlooked by educators, who may consider it unnecessary due to the higher enrollment of female students. However, this perception obscures a critical issue: in the legal profession, the gender ratio is reversed, with men predominating in key roles. This paper qualitatively analyzed the effects of insufficient or inadequate gender sensitization training within law school curricula on the perspectives of future male lawyers, prosecutors, and judges. The findings indicate a correlation between low gender equality awareness and biased decision-making in the justice system, particularly in cases involving sexual or domestic violence. Despite some progress, there is an urgent need for enhanced efforts to promote gender sensitivity among legal professionals to ensure a more equitable justice system
Sustainable Clinical Legal Education: Models of Cooperation with Legal Organizations and Community Engagement
Get PDFClinical legal education (CLE) serves as a crucial bridge between legal theory and practice, equipping students with practical skills while providing legal assistance to marginalized communities. Despite its significance, the long-term sustainability of CLE programs faces persistent challenges, including financial constraints, limited institutional support, and evolving societal needs. This article examines collaborative models that enhance the resilience of CLE by fostering strategic partnerships with law firms, non-governmental organizations (NGOs), bar associations, and community legal aid centers. Drawing on case studies from diverse legal systems, the study identifies key factors for sustaining CLE initiatives, such as effective funding mechanisms, supportive policy frameworks, and deeper institutional integration. The findings underscore that embedding CLE within formal legal education and cultivating multi-stakeholder collaborations can significantly enhance its educational value and social justice impact
Teaching Democracy: The Role of the German Orientation Course for Refugees from Authoritarian Regimes
Get PDFTo support immigrants in becoming familiar with German culture and politics, the Federal Office for Migration and Refugees has developed the so-called orientation course, the final course module of the integration course, a German language and culture class consisting of 700 teaching units. Given that many participants come from authoritarian regimes, this course often represents their primary - if not only - exposure to political education in the context of democratic values. This article examines the legal and structural framework, curriculum, and teaching materials of the orientation course to assess its effectiveness in fostering a democratic culture. The analysis reveals that structural contradictions and deficits - both within and outside the course - hinder the internalization of democratic principles. These limitations create a paternalistic environment that is incompatible with fostering self-reliance and democratic engagement
On the Brink of Populism: Credible Leaders and Unreliable Politicians
Get PDFThis article studies the relationship between the lack of ethical inhibitions among populist leaders and the decline in public trust in democratic systems. It analyzes the role of cynical leaders, who are inextricably linked to populism, on the one hand, and emphasizes the role of social movements and civic initiatives in revitalizing democracy, on the other. An illustration of this process is seen in Poland, where after eight years, in 2023, the far‐right bloc led by the populist party Law and Justice was removed from power. The text focuses on activists or social leaders, contrasting them with cynical populist leaders, who have emerged in various democratic systems around the world. Activists play a key role in organizing demonstrations and collective actions, which manifest themselves in various forms: civic initiatives, non‐governmental organizations, and social movements. Typically, social leaders refrain from engaging in so called dirty political games between parties and factions. Additionally, this article examines protest movements in Poland: STOP ACTA, the Committee for the Defense of Democracy, and 3xVeto. The process of social emancipation culminated in the Women's Strike of 2020. This mobilization proved to be a decisive factor in achieving high voter turnout in the 2023 parliamentary elections and the victory of the democratic bloc
Levers for Sustainable Food System Transformation: How to Foster Biodiversity and Organic and Local Food Through Public Catering
Get PDFBiodiversity loss is one of the most urgent sustainability challenges and is closely linked to our food system. How food consumption is organized, especially in urban areas, will be crucial in shaping biodiversity‐friendly and sustainable food systems in the coming years. In this context, the integration of local and organic products into public food procurement can be a driver of increased biodiversity in our landscapes and greater dietary diversity on our plates. The purpose of this article is to explore the extent to which public food procurement can drive this shift towards a sustainable and biodiversity‐friendly food system. We conducted a systematic literature review and qualitative content analysis of 26 articles published in the European context that focused on sustainability in public procurement in order to identify key barriers and drivers affecting the share of biodiversity‐friendly, organic, and local products in public catering. After developing a conceptual framework based on the leverage points model developed by Meadows (1999), we contextualized the identified barriers and drivers in this model and sorted them into shallow and deep levers for increasing biodiversity. Our results indicate that key drivers for promoting biodiversity‐friendly, organic, and local food include political will, the involvement of all stakeholders along the value chain, and the need to initiate profound changes in actors' values, the transition goals, and the rules of the system
Who should have (no) children? Results of a vignette experiment in Switzerland
Get PDFObjective: In this study, we test whether same-sex couples and singles seeking to have a child by surrogacy or adoption are viewed more critically compared to different-sex couples. We rely on data from a factorial survey experiment run on a representative sample of the Swiss population. Background: Empirical studies of attitudes towards non-normative reproduction often lack a theoretical foundation. Based on the concept of hegemonic heteronormativity and heteronormalization, our central thesis is that certain family types are subsumed into the norm, while others remain excluded. Method: A factorial survey experiment on the acceptance of adoption and surrogacy for intended parents with differing relationship status and sexual orientation, income, education, age, and number of children in the family was conducted to test this assumption with 2,128 respondents from a representative sample of the Swiss population. Results: The results show that same-sex couples have similar acceptance rates to female-male couples, while singles, older intended parents, and intended parents with low incomes are least accepted as adoptive parents. In general, there is a firm rejection of surrogacy and a low willingness to (even partially) fund either adoption or surrogacy publicly. Conclusion: While we find a similar level of support for same-sex intended parents through adoption as different-sex couples, single, older, and low-income intended parents are less accepted by the Swiss population. - Appendix: https://ubp.uni-bamberg.de/jfr/index.php/jfr/article/view/1188/865Fragestellung: Diese Studie untersucht, ob gleichgeschlechtliche Paare und Singles, die Leihmutterschaft oder Adoption in Anspruch nehmen möchten, kritischer beurteilt werden als verschiedengeschlechtliche Paare. Grundlage sind für die Schweizer Bevölkerung repräsentative Daten eines faktoriellen Umfrageexperiments. Hintergrund: Empirische Einstellungsuntersuchungen zu nicht-normativer Reproduktion sind oft nicht theoriegeleitet. Basierend auf den Konzepten der hegemonischen Heteronormativität und der Heteronormalisierung ist die zentrale These, dass gewisse Familienformen Eingliederung in die Norm erfahren, während andere davon ausgeschlossen sind. Methode: Als Methode dient ein faktorielles Umfrageexperiment zur Akzeptanz von Adoption und Leihmutterschaft für Wunscheltern, die sich in Beziehungsstatus, sexueller Orientierung, Einkommen, Bildung, Alter und in der Anzahl bereits in der Familie vorhandener Kinder unterscheiden. Es wurde mit 2.128 Befragten einer repräsentativen Stichprobe der Schweizer Bevölkerung durchgeführt. Ergebnisse: Die Resultate zeigen, dass v.a. gleichgeschlechtliche Frauenpaare Frau-Mann-Paaren in ihrem Akzeptiertwerden angleichen, während Singles, ältere Wunscheltern und Wunscheltern mit geringem Einkommen für die Inanspruchnahme einer Adoption abgelehnt werden. Generell lehnen die Befragten Leihmutterschaft stark ab und es besteht ein geringer Wille zur (partiellen) Kostenübernahme bzgl. beider Verfahren durch die Allgemeinheit. Schlussfolgerung: Während gleichgeschlechtliche Elternschaft durch Adoption etwa gleich stark unterstützt wird wie verschiedengeschlechtliche Elternschaft durch Adoption, entsprechen alleinstehende, ältere und einkommensschwache Wunscheltern nicht dem von der Schweizer Bevölkerung vertretenen Familienideal
Medically assisted reproduction and non-normative family forms: legislation and public opinion in Europe
Get PDFThis paper explores the relationship between access legislation of medically assisted reproduction (MAR) and public attitudes towards family structures in Europe. It contributes to understanding the contextual frameworks that may facilitate the formation of a family outside the different-sex couple norm. The permissiveness of MAR policies has received political attention owing to its potential to revolutionize family formation, with varying regulatory routes among states regarding access for single individuals and same-sex couples. We particularly examine regulatory trends in granting MAR access to single women and lesbian couples in Europe, and how legislation aligns with attitudes towards single motherhood and same-sex parenthood. Utilizing descriptive analysis and two-level models on original MAR legislation data across 36 European countries and the European Values Study (2008-10 and 2017-20) for attitudes, we show that MAR access is granted to lesbian couples in contexts where same-sex parenthood is accepted. By contrast, legalized MAR access for single women seems rather disconnected from public opinion towards single motherhood. As a whole, the paper delineates contexts in which the combination of social acceptance and legal permissibility of MAR use for non-normative prospective parents may favor the formation of 'new' family forms