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Law and conscience

A new study shows that students have a very relaxed attitude to cheating: they see it as a preparation for life after college.

At regular intervals, as universities are scolded to offer too theory-heavy training. In many disciplines, including those of business administration and law, the praise of practical training is uttered. However, the influence of the "real life" on the university is more than thought: even in the tests, many students practice act - they cheat. This is confirmed by a survey of 5300 American and Canadian students who are known for academic honesty in America has some cause a stir.

consequence of the in the September issue of the journal Academy of Management Learning and Education (Vol. 5, No. 3) entitled "Academic Dishonesty in Graduate Business Programs: Prevalence, Causes, and Proposed Action "published study, 56 percent of students in economics to have cheated in the last year. For students of technical study was 54 percent, 50 percent of Sports Science and Medicine 49 percent. Among young lawyers, there were only 45 committed per cent who admitted "academic dishonesty" to. Most honest students of humanities and social scientists with a Schummleranteil were only 39 percent.

The divergence of the Schummleranteile raises a number of interesting questions. Do the students of the humanities to higher ethical standards than the business administrators and technicians? Why is that? It about that humanities subjects are in the increased level of sincere interest and less subject chosen from professional considerations? Or are the basis of the examination in the everyday perception solidified impression that this country regularly cheat more than 39 percent of the students, the business students the "most honest"? At least they admit to being dishonest. Particularly significant is the question of whether it is on the practical nature of the study that about economics and technology are to encourage cheating as other subjects.

The directly proportional relationship be cheating the students to practice close to the respective field of study is remarkable. In the study also queried the reasons of the students for their behavior because the practice has also an influential - and problematic - Roll on. One of the reasons the economy students for their behavior was in the belief that cheating constitutes an "accepted practice" in the business world and that they would have without cheating do not succeed professionally. Professor Donald McCabe of Rutgers University, who conducted the study along with Kenneth D. Butterfield, and Linda K. Trevino, summarized the attitude resignation as follows: "What's important is getting the job done. How you get it done is less important. "

Should universities, which are written into the increasingly practical specification will yield to this trend towards goal-orientation of teaching? Yes, it could mean, as the study is not academic end in itself. No, however, is the right answer. The view that "getting the job done" does not relieve from the obligation of an examination of how, contrary to fundamental knowledge and business ethics principles. Corporate Social Responsibility, Fair Trading and sustainability are core concepts of new economic development; Applied to the right to life, led the emphasis of success without regard to the legality and justifiability of the means to a Dictatorship of the objectives. A lawyer has to the best of our knowledge and belief for his client use - but also to the best of conscience. could accept dishonesty in the study as a method lead to sanction the lie as legal equipment.

should push the study in response to such perils, rather less than on more practical? Also this approach would be a mistake. Each study must be prepared for careers, identify dangers, temptations describe, discover opportunities and possibilities open up. If the program provides that dishonesty in business (or in the legal life) is accepted or should be, it's designed wrong. If the study not clear ethical standards are taught, it fails its purpose. Comprising (in) formed by lawyers should not forget that law is more than economic law and that the law can never pick up the conscience. In testing situation to not cheat, is a first step.

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Democracy and its Alternatives

In an interview with U.S. magazine Time Italian Foreign Minister Massimo D'Alema said when asked whether the involvement of Hezbollah in Lebanon's political process not to the risk that, fundamentalists to lift type: "The risk exists for sure, but there is no alternative to democracy". When that assessment, the one with a winning increasingly important democratic principle in international law bill? Against the background of the military coup in Thailand and the tame response of the EU and the United States an unlimited affirmation is not adequate to reality.

On 19 September the Thai military ousted the elected government of Thaksin Shinawatra. Criticism of Thaksin Shinawatra and his financial transactions, was credible media reports, attached. In a democratic state, however, conflicts are not fought with weapons but with options. The Prime Minister would have the people in a free and fair election must be voted out or prosecuted for an impeachment trial. As the Thai Constitutional Court demonstrated in its cancellation of the early elections to the House of Representatives in April 2006, the Prime Minister of democratic politics questionable actions by other branches of government were eventually offered. With the coup, the generals, however, have brought the Thai people for their voice and the Thai authorities took the opportunity to respond within the existing constitutional arc. If the main interest of the military, as was claimed, a return to "true democracy" - which implies that these perverted by Thaksin Shinawatra was - It is questionable why they dismissed the government and parliament, the Constitution overrides martial law declared and restricted media freedom as well as the activities of political parties.

silence in the West

Given the importance of the principle of democracy and the legitimacy of democratically elected governments around the world would be a clear statement of the international community have been appropriate. This is, however, was omitted.

U.S. State Department spokesman Sean McCormack said though, the coup was a "step backwards for Thailand," and Condoleezza Rice described him as a dangerous U-turn "for Southeast Asia (after all, had only a few months tried before Philippine military forces to overthrow President Gloria Arroyo). In addition to general references to a possible suspension of the ongoing negotiations on a free trade zone two weeks were frozen after the coup, 24 million U.S. dollars in military aid. This does not apply are humanitarian assistance (such as HIV / AIDS), the financial support of disease control and cooperation in the fight against terror.

The EU reacted more reserved: the evening of the coup, the Finnish Prime Minister Matti Vanhanen said in his capacity as EU Council President, that the events from the EU would very much regretted, a return to democracy is necessary without a wait. On 20 September Vanhanen confirmed again should a withdrawal of the military leaders in favor of a democratically elected government and remove the state of emergency without further delay and respect human and civil rights. The call for the threat of sanctions by EU foreign policy chief Javier Solana, for example by CDU Bundestag Member and development experts Jürgen Klimke was formulated, however, not met.

democracy in international law

is the democracy in international law classified? First, it is clear that international treaties to guarantee human rights protection is not a "right to democracy". However, the Universal Declaration of Human Rights, the ICCPR and the European and American Convention on Human Rights and the African Charter on Human and Peoples' Rights on securitize a free and fair elections in its implementation-to-find right to participate in state. Evidence of consistent State practice of participatory rights provides a view of democracy-related activities of international organizations at the universal, regional and subregional levels, it is not considered a coincidence that the correlation within the practice to light coming human rights standards to free and fair elections with those standards, by international election observation missions have been developed.

Meanwhile can therefore be assumed that a right has migrated to political participation as part of free and fair, and periodic general, secret and competitive elections of its contractual fixing to the state practice and the norm has found recognition of customary international law. That is: It is certainly the case for Thailand. The disempowerment of the Prime Minister and one-year postponement of the elections, the military violated the right of the Thai population to democratic participation in free and fair elections.

"guns, crooks, Gold

In the report Voice of America quoted the South-East Asia expert Patricio Abinales of the Kyoto University. She reports that in would won many elections in the region through the voices of "guns, goons and gold". to tread on the path to national unity, which prescribes the Thai military, it has already achieved an improvement: army chief Sonthi Boonyaratklin was in Thailand not by guns, crooks and gold gained power, but only by guns - and to the price of violation of the sovereignty of the Thai population and the international legal principle of democracy. Its weakness, however, must be the international community can be criticized for: Who is silent seems to agree. It had the largest diplomatic conference in the political history together, which came of State and Government at adopted the World Summit of the United Nations of September 2005 with a consensus a final document that contains a clear commitment to human rights, rule of law and democracy: Human rights, rule of law and democracy ", it says there are" interconnected, mutually reinforcing and belong to the universal and indivisible fundamental values and principles of the United Nations . overlook "Without that, after assessment of the Global Survey 2006 the think tank Freedom House only two-thirds of the Member States of the United Nations (122 of 192) democracies is clear that Thailand has adopted for the present from the international community of values.

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claim rights people

A phenomenon like few others will shape this century: the growing relevance of law. With its expansion into everyday aspects of life and the growing importance of knowledge to the right - and own the rights.

Some media splitter, picked up in August 2005: The succession of the Freedom Party in the election commission is unclear. Divided as to what is taking place on the ballot, the BZÖ. Illegally employed nurses are recognized and considered their employers with a financial penalty.

flood of standards as a problem

How does this medial Rundschau, playing the right (and be unpopular, but understood the necessary counterpart, the wrong) in the post-modern society an important role. States across the population considers itself the standard subjects, faced with a trend toward legalization of their habitat, threatened by a veritable flood of standards.

On the Austrian and European level contribute Vienna and Brussels, the responsibility, is the norm globally increase the expression of a socio-economic phenomenon that is still yielding in the deep layers of the society effect. This phenomenon is based on a simple principle: To the extent that the differentiation of global realities increases, the leisure society, more and more outlandish entertainment strategies studied, the career patterns are becoming more fragmented, in short, to the extent to which the people increasing demands provide an ever more complex life grows, the need according to regulations.

A look at history confirms this trend: With industrialization came the the labor and social legislation, the nuclear power plants came the nuclear liability law, the Internet brought the Cyberlaw. One need not be a visionary to establish the claim that the importance of the legal framework (and naturally his transgressions) growing. Metaphorically speaking, the more one-person, the more corporate law. And to put a catchy formula: The 21th Century that will be justice. Opposing developments will not succeed. For even if liberalized life situations - hence (in the constructive sense) lawless - to be done this - necessarily - with the means of the law. A thinning of the material is to take laws just do not.

ignorance of the law as a phenomenon

It is ironic that in parallel to increase the importance of law in the public and private life is a comprehensive, company-border laws ignorance solidified . It follows in the light of the above development, as overriding conclusion clearly that learning has to be right on the obligations of citizens and nationals. be, as will, in their own interest.

The reasons to come to terms with the law are manifold. The following are only two mentions particularly prominent and described reasons, aimed at the importance of the right for the individual and the reasons that appeal to the importance of the individual to the community as a whole.

There are first once entirely selfish reasons, to internalize the law. Only those who know their rights, is able to enforce them effectively. All too often standards are subjugated to victims of violations of the law, they do not even perceive as relevierbares partly wrong and partly, once perceived, because of lack of knowledge of the legal action can be based on himself. These may be violations of traffic regulations: a driver stops his car illegally is not in front of the pedestrian crossing; civil illegalities: a landlord requires a great round to pay for the consumptions of an already previous score, or violations of the Commercial Law: A nightclub operator prevent persons not White from entering his farm.

are also strong arguments for increased legal knowledge, founded upon reasons of public utility. They are based on the sound assumption that, with the knowledge of their rights awareness of the rights of others is growing. This idea is found in different versions in the central traditions of all religions of the book (as in the formulation biblisichen: Love your neighbor as yourself) transported to Rechtsphilosphosische: The rights of each individual end where the rights of others begin. The knowledge of the law means in detail to the knowledge of what good (fair) and what is bad (unfair). Clear that law and justice are different categories, the dictum Radbruch'sche dictum of the unjust law is known. But does not seem to doubt that a member of the community, aware of their rights and the rights of others in every action has in mind to carry the momentum towards a more just society is capable of.

In this sense, to say, in a modification of an exclamation Bruno Kreisky: Get Right! And with the caveat of Realism: Get to justice!

law learning as a solution

already be writing, reading, and a certain education in Western societies as a prerequisite for active participation in social life and in the national development seen. This is the right step into the general consciousness yet to come. Law (and legal awareness) must be taught in schools. It is unquestionable that in compliance with the current hourly reductions even in the core courses, the introduction of new educational content in general - and especially those with a legal Dimension - will be difficult. This has budgetary and political-pragmatic reasons: legal knowledge, not least, creates potential criticism. From evaluative overall picture, however, have to admit to everyone: the challenges that will put the law to the standard subject in the coming years are considerable. There is still no adequate preparation of the standard subjugated to the legal challenges of the future, and that although the community would benefit long term from a legal education.

The solution is simple and elegant way: we set new priorities in education. Forget Pisa! And we think of Vienna (Supreme Court, Constitutional and Administrative Court), Strasbourg (European Court of Human Rights), Luxembourg (European Court) and The Hague (International Court of Justice, International Criminal Court).

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to new centrality of the individual in international law

The international human rights protection is going through a time of change. Although in many parts of the world while continuing gross and systematic human rights violations must be deplored, are positive developments in the current international human rights protection to identify. In addition to the permanent establishment of the Human Rights Council as the successor body perceived as ineffective Commission on Human Rights is an urgent judicial updating of personal and direct responsibility of dictators and rebel leaders that have crimes against humanity, genocide and other war crimes guilty to name.

As a result of this development is now Thomas Lubanga Dyilo , leader of the Union of Congolese Patriots militia in eastern Congo and its being the first defendant before the International Criminal Court. At the same time preparations are underway at a tribunal, the leading figures of the pole - Pot to pull regime in Cambodia to account. The Liberian former president Charles Taylor was arrested in Nigeria because of an arrest warrant of the Special Court of Sierra Leone and awaits a trial. Finally, while death of Slobodan Milosevic is seen as a defeat of the established media in The Hague International Tribunal for the Former Yugoslavia, the first international criminal court since Nuremberg and Tokyo, largely ignored his work continued consistently.

is against this background of the inadmissibility decision of the European Court of Human Rights (ECHR) on the appeal Saddam Hussein against 21 European countries from Albania to Italy to the United Kingdom a certain importance. In its submissions Saddam Hussein claimed that his arrest, his detention, his handover to the Iraqi government and the process were in contradiction with the ECHR. Specifically, it claimed that his rights under Article 2 (right to life), 3 (prohibition of torture), 5 (right to liberty and security) and 6 (right to a fair trial) of the ECHR, Article 1 6 ZP (abolition of the death penalty in peace time) and type 1 13 be violated ZP (abolition of the death penalty in all circumstances) to. The ECHR is therefore relevant to the ECHR and a probate law enforcement authority, because he still falls under the jurisdiction of the states sued the most regardless of the handover to the Iraqi government 30th June 2004 de facto sovereignty over the Iraq exercised.

This argument of the ECHR was on the ground does not mean that Saddam Hussein insufficient evidence for the actual decision-making and command authority named in the complaint states based on the coalition of the willing had submitted. This was a prerequisite for detection have been to in the Jurisdiction of one of the fall to 21 stated in the complaint states. The claim that the states continue to exert de facto control of Iraq was, in view of the transfer of government power to an Iraqi government and the subsequent elections in January 2005 was not based inlets. The states would rather have no factual or legal control over that territory, in which the raised violations of the ECHR would incriminate. This is however a necessary condition for a successful appeal. Claiming that a state is part of the coalition of the willing is not enough to get out of Saddam Hussein one of the jurisdiction of a Member State of the ECHR within the meaning of Article 1 ECHR person subject to make. The complaint was accordingly declared under Article 28 ECHR, no more testing is inadmissible, the decision is final.

The new centrality of the individual

The legal recognition value of the discussed decision, the discharge is essentially the continuation of the trial against Saddam Hussein before an Iraqi court is, for the present one seems limited. Terms, however, as an expression and continuation of a paradigm shift in international law from a Westphalian, state-centered order towards a post-Westphalian centrality of the individual, their growing importance. especially since it can be seen from the term horizon of the International Law Development and seen the involvement of the developments outlined above. The new centrality is based on a Janus-headed understanding of the role of the individual: the greater benefit rights is inherent in the proliferation of obligations. On the one hand, as was the traditional state-centered understanding of security replaced by a concept of human Security, the individuals moved into the center of international decision-making and the right as independent actors. On the other hand perpetrators of international crimes before international courts increasingly held to account. It is this conceptual change in international law has permitted the establishment of international tribunals. As a corrective against a state-centered order, the centrality of the individual is a curative against the immunity of heads of state dar. even with these developments - and this is followed by the reflection loop - end of warlords, rebel leaders, dictators and war criminals, the Time of impunity.

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to potential pro-American U.S. criticism

What to Know and critics of American policy in order not to be suspected to pursue ideological fundamental opposition .

international law. Protokolonisatorisch. Missionary. The front of the opposition against the current policies of the Bush administration goes through all age groups and walks of life. The debate sparked by the known issue - Iraq, Guantánamo, Kyoto keywords - and is expressed in a fundamental rejection of the current administration, which changes too often in mindless anti-Americanism. Remarkably, this caught especially by those who fancy themselves enlightened and open.

The dangers that lie in the demonization of the United States are not largely perceived. However: It is clear that anti-Americanism - as any other fundamentalism - is not effective. Rather, it legitimizes legitimate criticism. Mental fundamental opposition to U.S. positions is not conducive to the personal knowledge horizon. Only non-ideological, factually correct and legally sound criticism should be accepted.

can be laid on two points make the criticism of the imperial ambitions of the United States and the American interest policy. In fact the U.S. is often accused of being a hegemonic power with imperialist ambitions. It is true that America, in terms of its cultural and economic influence, its military and political power, in the tradition of the great empires of yesteryear is. The U.S. is undoubtedly describe as hegemon. However, this primary is a fixed position and can not in itself a reproach to be. Who much power has, has an effect. Missed, it is also, designating the United States as an empire in the classic sense. While traditional (marked by colonizing efforts) empires strive to maximize their territory, America is limited to an enlargement of his actual influence. Iraq as the 51st to affiliate to the state want to take, the United States even their biggest critics is not available.

is particularly virulent criticism of the group politics of the United States. The accusation that the U.S. is pursuing primarily their own interests, by pointing out counter that it is legitimate, of course, that states (primary) pursue their own interests. The U.S., however, suffer the 'tragedy of the superpower': the major role in the international community yielding American unilateral action sequences far more important than a strict monitoring of autonomous interests of small and medium-sized states.

Still an Evil Empire? initiate

While the U.S. is not a new phase of imperialism and autonomous pursuit of interest is the right of any state, the Bush administration, with reference to which it applied to the assessment of international Law major accusations are made which entitle to entitle the U.S. to track, as Evil Empire. releviert are criticizing in particular, the international illegality of the action in Iraq, the treatment of prisoners, illegal combatants 'at Guantanamo and other prisons, outsourced' information acquisition and the transfer of prisoners from Iraq to other countries. At this point very clearly to make one thing clear: there is no excuse for torture. Torture, which is exercised by a State or not prevented, constitutes a breach of international obligations of this State dar. The denial of a detention review is extremely problematic. All of this is controversial among experts in international law and in essence was and is taken up by U.S. courts.

In view of the behavior of the Bush administration should also be noted that it is unacceptable to ignore international legal obligations. A one-sided relativization of multilaterally developed, based on legal international order is prohibited. The treatment of part of the prisoners in the War on Terror 'can not be reconciled with the law. With respect to many current developments in international law, such as the International Criminal Court, the Kyoto process and the Ottawa Convention against land mines, the U.S. lags behind public opinion. To end this deliberate distancing is easy. It only takes a fact-wing political will formation.

have in formulating their policies for the next time to consider the U.S. that the phrase "The strong man is strongest alone," the Wilhelm Tell by Schiller in his mouth was set, in the globalized and networked world of today no longer has the same authority as in times of Rütli oath. America is rethinking and thus be guided by the decision again concentrating on the international community must, critics are however, a duty to reflect on the facts and let the ideological arrow in the quiver.