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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.
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 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.
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.
The will of the masses
(2020)
This article describes the way of Conrado Balweg from the Tingguian-tribe in the Cordillera mountains/Philippines, who was educated in Catholic seminaries, entered a missionary congregation, was ordained priest and joined the communist insurgency New People’s Army. There he quickly attained the rank of a political officer and military commander. Balweg held teachings on Marxism in remote villages, he organized several ambushes on government troops and conducted people’s courts against traitors. Over time he developed a special indigenous Maoism and broke away from the party-line and, which was the reason why he was killed by the NPA in 1999. In a contextualized biographical portrait we track the question: How did Maoist thought become part of Balweg’s conviction? As a hypothesis we assumed, that Maoist thought was integrated in Catholic tenets (e.g. interpreting God’s will as the will of the masses). After a close analysis of intellectual backgrounds and political events it turned out, that Maoist ideology superseded religious motives instead. This is crucial to understand if violence was justified in the name of God or in the name of the people.
The United Nations Security Council (UNSC) is one of the most important multilateral institutions having the ambition to shape global governance and the only organ of the global community that can adopt legally binding resolutions for the maintenance of international peace and security and, if necessary, authorize the use of force. Created in the aftermath of World War II by its victors, the UNSC’s constellation looks increasingly anachronistic, however, in light of the changing global distribution of power. Adapting the institutional structure and decision-making procedures of the UNSC has proven to be one of the most difficult challenges of the last decades, while it is the institution that has probably been faced with the most vociferous calls for reform. Although there have been changes to the informal ways in which outside actors are drawn into the UNSC’s work and activities, many of the major players in the current international system seem to be deprived from equal treatment in its core patterns of decision-making. Countries such as Brazil, Germany, India and Japan, alongside emerging African nations such as Nigeria and South Africa, are among the states eager to secure permanent representation on the Council. By comparison, selected BRICS countries, China and Russia - in contrast to their role in other multilateral institutions - are permanent members of the UNSC and with this, have been “insiders” for a long time. This renders the situation of the UNSC different from global institutions, in which traditionally, Western powers have dominated the agenda.
The chapter explores how the Security Council has reacted to the changing global order in terms of institutional reform and its working methods. First, we look at how the Security Council’s setup looks increasingly anachronistic against the tremendous shifts in global power. Yet, established and rising powers are not disengaging. In contrast, they are turning to the Council to address growing challenges posed by the changing nature of armed conflict, the surge of terrorism and foreign fighters, nuclear proliferation and persistent intra-state conflicts. Then, we explore institutional and political hurdles for Council reform. While various reform models have been suggested, none of them gained the necessary global support. Instead, we demonstrate how the Council has increased the representation of emerging powers in informal ways. Potential candidates for permanent seats and their regional counterparts are committed as elected members, peacekeeping contributors or within the Peacebuilding Commission. Finally, we analyze how innovatively the Council has reacted to global security challenges. This includes working methods reform, expansion of sanctions regimes and involvement of non-state actors. We conclude that even though the Council’s membership has not yet been altered, it has reacted to the changing global order in ways previously unaccounted for.