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    Von der alternativen zur prekären Familienform? Der Wandel des Zusammenhangs von Bildung und nichtehelichen Familienformen in Deutschland.

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    This paper examines the association of education and family forms based on data of the German microcensus 1996–2012. The investigation shows that highly educated women in western Germany had a higher probability of living in a nonmarital instead of a marital union. With an increase in the share of nonmarital births, the association has reversed. Likewise, the highly educated couples were initially the vanguards of living in nonmarital unions with children, but they are nowadays the least likely to do so. Patterns differ between eastern and western Germany, though.Der Beitrag untersucht den Zusammenhang von Bildung und Familienform auf Basis des deutschen Mikrozensus 1996–2012. Es zeigt sich, dass sich in Westdeutschland eine positive Beziehung zwischen Bildungsniveau und nichtehelichem Zusammenleben mit zunehmender Verbreitung dieser Lebensform umgekehrt hat. Es wird zudem deutlich, dass im Westen Deutschlands bildungshomogene Paare am oberen Ende der Bildungsskala die Pioniere der Verbreitung nichtehelicher Lebensgemeinschaften mit Kindern waren. In Ostdeutschland zeigen sich andere Muster als in Westdeutschland

    A road map for global environmental assessments

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    Increasing demand for solution-oriented environmental assessments brings significant opportunities and challenges at the science–policy–society interface. Solution-oriented assessments should enable inclusive deliberative learning processes about policy alternatives and their practical consequences

    Kampf ums Geld

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    Was Recht ist, ergibt sich aus dem Gesetz. So lautet das Dogma kontinentaler Rechtswissenschaft. Das Recht sagt nur, was die Juristin denkt, hält die soziologische Jurisprudenz dagegen. Und was sie über das Recht denkt, richtet sich nach ihrem sozialen Kontext und theoretischen Blick auf die Gesellschaft. Anlässlich Gunther Teubners 70. Geburtstag will dieses rechtssoziologische Fallbuch neuen Gesellschaftstheorien (vorwiegend Systemtheorie, Diskurstheorie und poststrukturalistischen Theorien) einen Weg in die Ausbildungs- und Gerichtspraxis eröffnen. Dazu werden 16 höchstrichterliche Entscheidungen verschiedenster Rechtsbereiche aus sozialwissenschaftlicher Perspektive alternativ gelöst, begründet oder kommentiert. Die Autoren verwenden Sozialtheorien als experimentelle Modelle für Erklärung und Kritik der Rechtswirklichkeit wie auch als utopische Steinbrüche für eine veränderte Sicht auf rechtliche Institutionen und juristische Argumente. Das Buch entwirft so die pluralistische Landkarte einer neuen Praxis reflexiver soziologischer Jurisprudenz

    Il diritto privato nella politica economica europea dopo la crisi finanziaria

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    Business as usual in European private law after the crisis? By no means, this essay argues, private law scholars should become aware that their discipline is deeply affected, albeit more indirectly than in particular in constitutional law, labour law and social law. The crisis has brought to the fore design failure of theory and practice which had remained latent for decades, the most significant substantive being the equation of legal progress with ever more uniformity of formerly national legal orders. The analytical basis of this error is the neglect of the political dimension of markets and their functioning which is reconstructed with the help of Karl Polanyi's economic sociology. In such perspectives it become apparent that the commitment of European private law to market rationality was a Utopian project, which is at odds with the social functions and normative credentials of private law in constitutional democracies. These tensions are aggravating after the quest for competitiveness has become Europe's new 'leitmotif' whic is being pursued rigorously through authoritarian austerity politics against Europe's South. To what degree the new modes of economic governance require formal legal changes in the realms of private law, is of little avail. They damage the societal infrastructures of post-formalist legal ordering. They essay also submits a Polony-inspired counter-vision of market integration and pleads for a defense of social accomplishments through law against authoritarian interventions

    Ordoliberalism, Law and the Rule of Economics

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    Ordoliberalism is a theoretical and cultural tradition of signifi cant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stageafter the advent of the fi nancial crisis, and has become widely perceived as the ideational source of Germany's crisis politics. In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affi nities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism,the book illustrates the diversity of European economic cultures, and the difficulty of ransnational political exchanges, in a time of European crisis

    A Conflicts-law Response to the Precarious Legitimacy of Transnational Trade Governance

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    This paper discusses the fundamental tensions between economic globalisation and democratic politics in the field of international trade. New bilateral and regional trade agreements increasingly incorporate other “trade-related” policy areas and threaten to constrain state action and democratic politics. The move towards deeper and more comprehensive trade deals has greatly accentuated grievances and is of exemplary importance in the realms of transnational governance. This article examines the decoupling of these agreements from national and democratic control and the resulting legitimacy impasses of transnational governance based upon the theoretical frameworks of Karl Polanyi and Dani Rodrik. Arguing that politics is not a mistake that gets in the way of markets, we submit our own conceptualisation of transnational legitimacy. In doing so, we suggest a new type of conflicts law which does not seek to overcome socio-economic and political diversity by some substantive transnational regime, but responds to diversity with procedural safeguards, thus ensuring space for co-operative problem-solving and the search for fair compromises

    The Implementation of Performance Management in European Central Governments: More a North-South than an East-West Divide

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    This article presents the first country-comparative evidence on the importance and use of performance management in European central governments, based on an executive survey conducted in 17 countries. The data confirm that performance management has made its way into European central governments and continues to constitute a major reform trend. At the organizational level of ministries and agencies we find a consistently strong use of strategic planning, performance appraisal and management objectives, along with only a partial institutionalization of a performance-management logic. Scepticism towards measurement and the difficulty of acting upon performance information are persistent challenges. We also find that performance-management implementation is significantly stronger in agencies and larger organizations, and that it varies strongly between different countries. Implementation is substantially higher in Scandinavian countries and Anglo-Saxon countries than in Continental and Southern European countries, with a rather varied pattern for Central and Eastern European countries. The findings thereby confirm the need for a more context-sensitive understanding of performance management, along with the need for more extensive research and evidence to further develop this cross-comparative European perspective

    Remote Control: How the Media Sustains Authoritarian Rule in China

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    This study examines the role of the media in sustaining regime stability in an authoritarian context. The article engages the recent work on authoritarian resilience in comparative politics but goes beyond the standard focus on elections to other important institutions, such as the media and courts, that are used by authoritarian leaders to bolster legitimacy. The authors find that the Chinese media contribute to regime legitimacy and effective rule by propagandizing citizens’ experiences in the legal system. However, unlike the “mouthpieces” of earlier communist regimes, the marketized Chinese media provide more convincing and sophisticated messages that continue to accord with state censorship demands while satisfying readers’ interest in real-life stories and problems. The “positive propaganda” and the relative uniformity of information sources because of state censorship lead aggrieved citizens to the law as a realm for dispute resolution and rights protection. Statistical analysis of a randomly sampled survey conducted in four Chinese cities in 2005 demonstrates that exposure to media reporting about labor-law-related issues successfully promotes the image of a proworker bias in the law among citizens, thus encouraging them to participate in the legal system. The state is able to achieve its political goal because of the lack of conflicting sources of information and the lack of previous experience with the reformed legal system among citizens

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