In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another â?? in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict â?? is the area of law which determines whether one who has (...) suffered a damage, can on that account demand reparation â?? in money or in kind â?? from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States. (shrink)

Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer (...) of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market. (shrink)

A year ago, the "Draft Common Frame of Reference" was published for the first time in an interim outline edition. Now we proudly present the final outline edition of the DCFR. - revision of the already published text to take account of the public discussion - major new topics covered - an additional section on the principles underlying the model rules - revised and expanded list of definitions The six-volume full edition of the DCFR including all comments and notes will (...) be published in October 2009. (shrink)

We test the role of like-minded and cross-cutting political discussion as a facilitator of online and offline political participation and examine the role of strong versus weak network ties. Most prior research on the topic has employed cross-sectional designs that may lead to spurious relationships due to the lack of controlled variables. The findings of a two-wave panel survey controlling the autoregressive effects suggest that cross-cutting talk with weak ties significantly dampens online but not offline political participation. However, no such (...) effects were detectable for cross-cutting talk with strong ties. In addition, we found no effect of discussions involving like-minded individuals in either weak or strong network connections on online and offline forms of political engagement. Implications are discussed. (shrink)

The fact that there is such a thing as a degree of formedness [Gestaltung], that every Gestalt has a certain Gestalt level, is of fundamental significance. A rose is a Gestalt of higher level than a heap of sand: this we recognize just as immediately as that red is a fuller, more lively colour than grey. The higher Gestalten are distinguished further from the lower by the fact that the product of unity and multiplicity [Einheit und Mannigfaltigkeit] is in their (...) case greater. (shrink)

This is the first publication and critical edition of Christian von Ehrenfels' dissertation on "Relations of Magnitude and Numbers. A Psychological Study", based on a new transcription by Reinhard Fabian.

Although affect and emotion are often discussed in institutional and organizational research, they are rarely studied systematically and in accordance with their overall relevance. To investigate the decisive but subtle, sometimes barely noticeable or taken-for-granted power of institutions, we need to achieve a better understanding of the close intertwining of institutional rules, operations, and spaces with complex affective dynamics. In this article, we therefore develop an analytical framework that allows to investigate the countless affective dynamics that characterize institutions. First, this (...) framework can help to come to terms with the multidimensionality of institutional affect and thus inform empirical studies of institutions. Second, our approach allows scholars and researchers to make visible those developments and modes of agency that run counter to the official functions and self-understandings of institutions. As a an initial step, we propose a conceptual clarification of „institution“ and „organization“ that incorporates various references to social theory which already foreshadow some dynamics of institutional affect. Further detailing this perspective, we develop an analytical grid that focuses, first, on what we call the „guiding affects“ of institutions and, second, on the internal affective dynamics of institutions. The proposed framework provides a variety of links to discussions of institutions in cultural studies and the social sciences. (shrink)

In their depictions of scandalized politicians, journalists frequently use news images that highlight the isolation of politicians. To test how this way of portraying political actors affects a recipient’s attitudes and his/her guilt perception toward such a scandalized politician an experiment was conducted. All participants were exposed to the identical textual information. However, the visual information was systematically altered. A multivariate analysis of covariance showed that participants – exposed to a visual highlighting the isolation of the politician – evaluated the (...) politician in a significantly more negative way and rated other recipients’ perceptions of the politician’s level of guilt to be higher. (shrink)

This study explored LaRose and Eastin's model of media attendance, within a European context. It extended the uses and gratifications paradigm within the framework of social cognitive theory by instituting new operational measures of gratifications sought, reconstructed as outcome expectations. Although the model of media attendance offers some promising steps forward in measuring media selectivity and usage, and to some extent is applicable to another context of media use, the relative importance of outcome expectancies in explaining media usage and selectivity (...) is not fully supported. (shrink)