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Yes, we can (?)
(2021)
The COVID-19 crisis has caused an extreme situation for higher education institutions around the world, where exclusively virtual teaching and learning has become obligatory rather than an additional supporting feature. This has created opportunities to explore the potential and limitations of virtual learning formats. This paper presents four theses on virtual classroom teaching and learning that are discussed critically. We use existing theoretical insights extended by empirical evidence from a survey of more than 850 students on acceptance, expectations, and attitudes regarding the positive and negative aspects of virtual teaching. The survey responses were gathered from students at different universities during the first completely digital semester (Spring-Summer 2020) in Germany. We discuss similarities and differences between the subjects being studied and highlight the advantages and disadvantages of virtual teaching and learning. Against the background of existing theory and the gathered data, we emphasize the importance of social interaction, the combination of different learning formats, and thus context-sensitive hybrid learning as the learning form of the future.
Would the world be a better place if one were to adopt a European approach to state immunity?
(2021)
This chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity.
When does life end?
(2019)
If you look at the question of the end-of-life legislation, one – or rather THE basic question – is particularly interesting: What is the "end of life"? What is death? Ofcourse, one can approach this question theologically or philosophically, but alsolegally and especially medically. Since the 1960 s, medical progress has made itpossible to distinguish between different individual points of time within the na-tural dying process. However, this raises the question as to which of these pointsof time is relevant for criminal law. This question, which is usually onsideredvery emotionally, will be examined in more detail in the paper.
Extract: That the Celtic languages were of the Indo-European family was first recognised by Rasmus Christian Rask (*1787), a young Danish linguist, in 1818. However, the fact that he wrote in Danish meant that his discovery was not noted by the linguistic establishment until long after his untimely death in 1832. The same conclusion was arrived at independently of Rask and, apparently, of each other, by Adolphe Pictet (1836) and Franz Bopp (1837). This agreement between the foremost scholars made possible the completion of the picture of the spread of the Indo-European languages in the extreme west of the European continent. However, in the Middle Ages the speakers of Irish had no awareness of any special relationship between Irish and the other Celtic languages, and a scholar as linguistically competent as Cormac mac Cuillennáin (†908), or whoever compiled Sanas Chormaic, treated Welsh on the same basis as Greek, Latin, and the lingua northmannorum in the elucidation of the meaning and history of Irish words. [...]
We the people
(2018)
The chapter argues that populism as a modern phenomenon is closely linked with the great democratic revolutions that, for the first time in history, addressed ‘the people’ as the sovereign, thereby constituting the modern citizen. Yet, ‘the people’ can and do draw boundaries between ‘us’ and ‘them’. In an analytical perspective the article suggests a distinction between three forms of populism, ‘organic populism’, ‘liberal economic populism’, and ‘liberal cultural populism’, that operate differently. Applying closure theory to these different forms allows understanding of the different processes of populist politics that today promote exclusion by applying differentiated strategies of social closure.
Vienna's resilience
(2022)
This chapter provides a synthesis of the volume, bringing together the aspects that characterise each of the single policy domains analysed throughout and highlighting their synergic effects on the output. In particular, it addresses the dualisation tendencies between ‘winners’ and ‘losers’ in Vienna’s urban transformation in the changing dimensions of social stratification, on the one hand; and the mechanisms of institutional resilience, on the other hand. Despite the inclusive welfare system, emerging vulnerabilities currently pose new challenges for Vienna’s redistributive capacity in the key policy areas. Existing institutional arrangements and their regulatory capacities are a good starting point to answer the question: is Vienna still a just city?
In the last two centuries BC, with the Republic limping towards its end, the cultivated ruling elite began to lose its moral and political authority.1 Its members not only held themselves responsible for the so-called crisis of tradition, but at the same time also conveyed the impression of a loss of memory, as if all Romans were suffering from some kind of amnesia or identity crisis.2 In particular, institutional figures such as pontiffs and augurs, who had preserved Rome’s memory throughout its history, were accused of neglecting their duties and, by extension, of allowing ancient practices and values to slowly disappear.3 Accordingly, Cicero and Varro, both perfect representatives of this elite, employed recurrent terms such as neglect (neglegentia/neglegere), involuntary abandon (amittere), oblivion (oblivio), vanishing of institutions (evanescere), and ignorance (ignoratio/ignorare) to describe this critical loss of information; they depicted the citizenry of Rome (civitas) as disoriented and estranged, incapable of sharing any common knowledge or values.
This introductory essay is structured as follows: First of all, several forms of urbanisation (I.) are introduced and the processes of urbanisation and dis-urbanisation (II.) are defined. Then four fields of law which are deeply affected by urbanisation are put into the focus. These are, local government law (III.), but also public building law (IV.), civil service law (V.) and public finance law (VI.). Afterwards the effects of the corona pandemic on these fields of law are contemplated, taking account of the process of urbanisation (VII.). Finally, the main results are summarised (VIII.).
The contribution explores how an understanding of neoliberal subjectification in socio-economic education can serve to counteract the trend marketisation of democracy. Drawing on Foucault’s lectures on biopolitics and Brown’s current analysis of neoliberalism, it lays out a sociological explanation that treats the idea of homo economicus as a structuring element of our society and outlines the threat this poses to the liberal democratic order. The second part of the contribution outlines – through immanent critique – an ideology-critical analytical competence that uses key problems to illuminate socially critical perspectives on social reality. The objective is to challenge some of the foundations of social order (Salomon, D. Kritische politische Bildung. Ein Versuch. In B. Widmaier & Overwien, B. (Hrsg.), Was heißt heute kritische politische Bildung? (S. 232–239). Wochenschau, 2013) in pursuit of the ultimate objective of an educated and assertive citizenry.
The conception of property at the basis of Hegel’s conception of abstract right seems committed to a problematic form of “possessive individualism.” It seems to conceive of right as the expression of human mastery over nature and as based upon an irreducible opposition of person and nature, rightful will, and rightless thing. However, this chapter argues that Hegel starts with a form of possessive individualism only to show that it undermines itself. This is evident in the way Hegel unfolds the nature of property as it applies to external things as well as in the way he explains our self-ownership of our own bodies and lives. Hegel develops the idea of property to a point where it reaches a critical limit and encounters the “true right” that life possesses against the “formal” and “abstract right” of property. Ultimately, Hegel’s account suggests that nature should precisely not be treated as a rightless object at our arbitrary disposal but acknowledged as the inorganic body of right.
To ensure political survival, autocrats must prevent popular rebellion, and political repression is a means to that end. However, autocrats face threats from both the inside and the outside of the center of power. They must avoid popular rebellion and at the same time share power with strategic actors who enjoy incentive to challenge established power-sharing arrangements whenever repression is ordered. Can autocrats turn repression in a way that allows trading one threat off against the other? This chapter first argues that prior research offers scant insight on that question because it relies on umbrella concepts and questionable measurements of repression. Next, the chapter disaggregates repression into restrictions and violence and reflects on their drawbacks. Citizens adapt to the restriction of political civil liberties, and violence backfires against its originators. Hence, restrictions require enforcement, and violence requires moderation. When interpreted as complements, it becomes clear that restrictions and violence have the potential to compensate for their respective weaknesses. The complementarity between violence and restrictions turns political repression into a valuable addition to the authoritarian toolkit. The chapter concludes with an application of these ideas to the twin problems of authoritarian control and power-sharing.
Topic and focus
(2007)
The paper explicates the notions of topic, contrastive topic, and focus as used in the analysis of Hungarian. Based on distributional criteria, topic and focus are claimed to represent distinct structural positions in the left periphery of the Hungarian sentence, associated with logical rather than discourse functions. The topic is interpreted as the logical subject of predication. The focus is analyzed as a derived main predicate, specifying the referential content of the set denoted by the backgrounded post-focus section of the sentence. The exhaustivity associated with the focus and the existential presupposition associated with the background are shown to be properties following from their specificational predication relation.
Tone and intonation in Akan
(2017)
This chapter provides an account of the intonation patterns in Akan (Kwa, Niger-Congo). Tonal processes such as downstep, tonal spreading and tonal replacement influence the surface tone pattern of a sentence. In general, any Akan utterance independent of sentence type shows a characteristic down-trend in pitch. This chapter proposes that Akan employs a simple post-lexical tonal grammar that accounts for the shapes of an intonation contour. The unmarked post-lexical structure is found in simple declaratives. The downward trend of an intonation contour is shaped by local tonal interactions (downstep), and sentence-final tonal neutralization. In polar questions, an iota-phrase-final low boundary tone (L%) accounts for the intensity increase and lengthening of the final vowel compared to a declarative. Complex declaratives and left-dislocations show a partial pitch reset at the left edge of an embedded iota-phrase. Underlying lexical tones are not affected by intonation with the exception of sentence-final H-tones.
With the latest technological developments and associated new possibilities in teaching, the personalisation of learning is gaining more and more importance. It assumes that individual learning experiences and results could generally be improved when personal learning preferences are considered. To do justice to the complexity of the personalisation possibilities of teaching and learning processes, we illustrate the components of learning and teaching in the digital environment and their interdependencies in an initial model. Furthermore, in a pre-study, we investigate the relationships between the learner's ability to (digital) self-organise, the learner’s prior- knowledge learning in different variants of mode and learning outcomes as one part of this model. With this pre-study, we are taking the first step towards a holistic model of teaching and learning in digital environments.
Time to change
(2020)
Industry 4.0 leads to a radical change that is progressing incrementally. The new information and communication technologies provide many conceivable opportunities for their application in the context of sustainable corporate management. The combination of new digital technologies with the ecological and social goals of companies offers a multitude of unimagined potentials and challenges. Although companies already see the need for action, there was in the past and currently still is a lack of concrete measures that lever the potential of Industry 4.0 for sustainability management. During the course of this position paper we develop six theses (two from each sustainability perspective) against the background of the current situation in research and practice, and policy.