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Germany as law-exporting nation is a worldwide role model especially for its criminal law and criminal procedure law which has influenced several East Asian countries. The author offers a short historical overview on the establishment of the rule of law in Germany. He describes the role of the German Federal Constitution as source of criminal procedure law by referring to fundamental constitutional principles as well as giving specific case examples. The second part of the essay focuses on the relevance and application of the European Convention on Human Rights. The author points out basic principles of the European Convention on Human Rights and illustrates its influence on German legal practice.
The article deals with the responsibility of the financial sector under criminal law in Germany. This question has been of special interest since the beginning of the financial crisis. The author argues that the transactions of asset-backed securities based on American subprime mortgages fulfill all legal elements of the criminal offence "breach of trust" (Untreue). From the author's point of view, the people's legal loyalty would be severely affected if there were no criminal proceedings against such bankers who purchased those toxic asset-backed securities without sufficient information on their structure and value. Refraining from criminal prosecution even in cases causing high loss would send a dangerous signal towards the investment banking industry.
In recent years, Islamic banking has been one of the fastest growing markets in the financial world. Even to German banks, Islamic finance is not as 'foreign' as one might think. Indeed, several banks are already operating so-called "Islamic windows" in various Arab countries. However, German banks are still reluctant to offer 'Islamic' products in Germany, despite the fact that approximately 3.5 million Muslims currently live there. Potential reasons for this reluctance include widespread misunderstanding of Islamic banking in Germany and prevailing cultural prejudice towards Islam generally. The author seeks to address these concerns and to take an objective approach towards understanding the potential for Islamic banking in Germany. Legally, Islamic law cannot be the governing law of any contract in Germany. Therefore, the aim must be to draft contracts that are both enforceable under German law and consistent with the principles of Shari'a " the Islamic law. In this paper, the author gives a detailed legal analysis of the most common Islamic banking products and how they could be given effect under German law, while attempting to address widespread concerns about arbitration or parallel Shari'a courts. This publication is one of the first legal analysis of Islamic banking products in Germany. As such, its goal is not to be the final word, but rather to begin the conversation about potential problems and conflicts of Islamic banking in Germany that require further investigation.
In a case of robbery, some people actually use violence to steal - but others may supply information or weapons, make the plans, act as lookouts, provide transport. Certainly the actual robbers are guilty - but what of the others? How does Hong Kong's version of the common law answer this question now? How should the question be answered in the future?
ENGLISH ACADEMIC LITERARY DISCOURSE IN SOUTH AFRICA 1958-2004: A REVIEW OF 11 ACADEMIC JOURNALS
(2007)
This study examines the discipline of English studies in South Africa through a review of articles published in 11 academic journals over the period 1958"2004. The aims are to gain a better understanding of the functions of peer-reviewed journals, to reveal the presence of rules governing discursive production, and to uncover the historical shifts in approach and choice of disciplinary objects. The Foucauldian typology of procedures determining discursive production, that is: exclusionary, internal and restrictive procedures, is applied to the discipline of English studies in order to elucidate the existence of such procedures in the discipline. Each journal is reviewed individually and comparatively. Static and chronological statistical analyses are undertaken on the articles in the 11 journals in order to provide empirical evidence to subvert the contention that the discipline is unruly and its choice of objects random. The cumulative results of this analysis are used to describe the major shifts primarily in ranges of disciplinary objects, but also in metadiscursive and thematic debates. Each of the journals is characterised in relation to what the overall analysis reveals about the mainstream developments. The two main findings are that, during the period under review, South African imaginative written artefacts have moved from a marginal position to the centre of focus of the discipline; and that the conception of what constitutes the "literary" has returned to a pre-Practical criticism definition, broadly inclusive of a variety of types of artefact including imaginative writing, such as autobiography, letters, journals and orature.