Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the paper at hand is the continuation of Volume I (published in 2014, number 68 of the Legal Policy Forum). Volume II covers the following historical periods: Late Middle Ages and Early Modern Age; the latter ending with the 18th century as the so called Century of Enlightenment, being the actual beginning of the Modern Age in criminal law and criminal procedure law. The paper ends with critical remarks against the predominant view that the torture's reign of terror in the former inquisitionsprozess merely was the inevitable consequence of the unreasonable kaw on evidence applicable at that time.

Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the author makes a distinction between torturing the accused on the one hand and, on the other hand, torture as an instrument to force a witness' incriminating testimony against third parties (in German: Zeugenfolter), torture as a means to avert dangers (lifesaving torture), torture as an additional cruelty to the accused's punishment (in German: Straffolter), and corporal punlishment for lying in a court. Only the first manifestation, namely torturing the accused intending to extort his confession, is the real subject of this paper.

This dissertation is dedicated to the analysis of the stabilty of portfolio risk and the impact of European regulation introducing risk based classifications for investment funds. The first paper examines the relationship between portfolio size and the stability of mutual fund risk measures, presenting evidence for economies of scale in risk management. In a unique sample of 338 fund portfolios we find that the volatility of risk numbers decreases for larger funds. This finding holds for dispersion as well as tail risk measures. Further analyses across asset classes provide evidence for the robustness of the effect for balanced and fixed income portfolios. However, a size effect did not emerge for equity funds, suggesting that equity fund managers simply scale their strategy up as they grow. Analyses conducted on the differences in risk stability between tail risk measures and volatilities reveal that smaller funds show higher discrepancies in that respect. In contrast to the majority of prior studies on the basis of ex-post time series risk numbers, this study contributes to the literature by using ex-ante risk numbers based on the actual assets and de facto portfolio data. The second paper examines the influence of European legislation regarding risk classification of mutual funds. We conduct analyses on a set of worldwide equity indices and find that a strategy based on the long term volatility as it is imposed by the Synthetic Risk Reward Indicator (SRRI) would lead to substantial variations in exposures ranging from short phases of very high leverage to long periods of under investments that would be required to keep the risk classes. In some cases, funds will be forced to migrate to higher risk classes due to limited means to reduce volatilities after crises events. In other cases they might have to migrate to lower risk classes or increase their leverage to ridiculous amounts. Overall, we find if the SRRI creates a binding mechanism for fund managers, it will create substantial interference with the core investment strategy and may incur substantial deviations from it. Fruthermore due to the forced migrations the SRRI degenerates to a passive indicator. The third paper examines the impact of this volatility based fund classification on portfolio performance. Using historical data on equity indices we find initially that a strategy based on long term portfolio volatility, as it is imposed by the Synthetic Risk Reward Indicator (SRRI), yields better Sharpe Ratios (SRs) and Buy and Hold Returns (BHRs) for the investment strategies matching the risk classes. Accounting for the Fama-French factors reveals no significant alphas for the vast majority of the strategies. In our simulation study where volatility was modelled through a GJR(1,1) - model we find no significant difference in mean returns, but significantly lower SRs for the volatility based strategies. These results were confirmed in robustness checks using alternative models and timeframes. Overall we present evidence which suggests that neither the higher leverage induced by the SRRI nor the potential protection in downside markets does pay off on a risk adjusted basis.

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The study at hand deals with madness as it is represented in English Canadian fiction. The topic seemed most interesting and fruitful for analysis due to the fact that as the ways madness has been defined, understood, described, judged and handled differ quite profoundly from society to society, from era to era, as the language, ideas and associations surrounding insanity are both strongly culture-relative and shifting, madness as a theme of myth and literature has always been a excellent vehicle to mirror the assumptions and arguments, the aspirations and nostalgia, the beliefs and values, hopes and fears of its age and society. Thus, while the overall intent of this study is to elucidate some discernible patterns of structure and style which accompany the use of madness in Canadian literature, to investigate the varying sorts of portrayal and the conventions of presentation, to interpret the use of madness as literary devices and to highlight the different statements which are made, the continuity, variation, and changes in the theme of madness provide an informing principle in terms of certain Canadian experiences and perceptions. By examining madness as it represents itself in Canadian literature and considering the respective explorations of the deranged mind within their historical context, I hope to demonstrate that literary interpretations of madness both reflect and question cultural, political, religious and psychological assumptions of their times and that certain symptoms or usages are characteristic of certain periods. Such an approach, it is hoped, might not only contribute towards an assessment of the wealth of associations which surround madness and the ambivalence with which it is viewed, but also shed some light on the Canadian imagination. As such this study can be considered not only as a history of literary madness, but a history of Canadian society and the Canadian mind.