Suchergebnisse

Entgegen der in der Bundesrepublik weitverbreiteten Auffassung, die amerikanischen kompensatorischen Frühförderungsprogramme (meist unter dem Namen "Head Start" bekannt) hätten sich als ineffektiv erwiesen und seien gescheitert, werden hier anhand der zumeist langfristigen Evaluationsforschung eindrucksvolle Ergebnisse der Förderung von Kindern aufgezeigt. Der Beitrag stellt zunächst die verschiedenen Programme in ihren Grundstrukturen dar, um dann auf deren Ergebnisse (Intelligenzentwicklung, Schulreife, Sprachförderung, Sozialverhalten, Auswirkungen auf Eltern und Geschwister) einzugehen. Weiterhin werden die Ergebnisse im Hinblick auf einige wichtige Merkmale diskutiert. Abschließend wird erörtert, welche Erfahrungen auf deutsche Verhältnisse anwendbar und übertragbar scheinen. (DIPF/Orig.)

Preferential policies, though they are not required by justice, are not seriously unjust; the system from which they depart is already unjust. Deliberate barriers against admitting blacks or women, however, had to be abolished--without explicit barriers discrimination could be conscious or unconscious (motivationally), thus giving support to a self-conscious effort to act impartially. The realization that a social system may continue to deny different races or sexes equal opportunity & equal access to desirable positions even after such barriers have been lifted became evident, since society automatically provides different rewards for different groups. The question is raised: How great is a social contribution to injustice, to what extent is it due to social causes not involving injustice, or to causes which are not social but biological? Can unjustly caused disadvantages be overcome by special programs of preparatory or remedial training? What grounds are to be used in assigning individuals to desirable positions? People less qualified, for whatever reason could be compensated for this disadvantage by having suitably different standards for these different groups. Obviously, this would not be a stable position. Compensatory procedures would then have to be applied in individual bases. The concept of differences advocated by liberals is too weak to combat inequalities dispensed by nature & ordinary workings of the social system. In most societies rewards are a function of demand, & many of the human characteristics most in demand result from gifts & talents. If racial & sexual injustice were reduced we would still be left with the injustice of the smart & the dumb; "at present we do not have a method of divorcing professional status from social esteem & economic reward. In the absence of this, what remains is the familiar task of balancing liberty against equality." S. Cummings.

Judith Jarvis Thomson ("Preferential Hiring," Philosophy & Public Affairs 2, 1973, 4, Sum, 364-384) defended preferential hiring of women & black persons in the U's. Although her analysis does clarify, it is incomplete. The question remains whether or not preferential hiring is actually an acceptable form of distributing compensation. The case for preferential hiring is incomplete at 3 points: (1) To whom should compensation be made? Who has been the most victimized, the black people, women, the veteran, or the young white M, etc? (2) Is compensation awarded on the grounds of marketability irrelevant to the compensatory point of view? (3) Are or can arbitrariness & inequity be avoided in distributing the costs of preferential hiring of this sort? S. Cummings.

This study of the Amer Assoc of U Professors (AAUP) salary ratings for U's located in 39 SMSA's reveals that when compared to consumer price indices, salaries of faculties in the U's located in the 39 SMSA's vary considerably from the AAUP ratings. Salaries for faculties in the South & Southwest are generally inflated to real income while salaries for faculties in the North & Northeast must be deflated. Salaries of faculties in the midwest & Northcentral states tend to be representative of the purchasing power the actual salaries indicate. AA.

The Occupational Safety & Health Act of 1970 established the National Commission on State Workmen's Compensation Laws, which was directed to "undertake a comprehensive study & evaluation of state workmen's compensation laws in order to determine if such laws provide an adequate, prompt, & equitable system of compensation." In 1972 the Commission issued a report criticizing many aspects of state workmen's compensation programs, & making 84 recommendations for a modern workmen's compensation program, of which 19 were designated as essential. Between 1972 & 1977 many states made significant improvements in their workmen's compensation programs, with an overall 34% increase in compliance. Higher levels of compliance with the 19 provisions (measured for all 50 stastes) were related to changes in industrial diversification & to involvement & activity of vitally concerned interest groups. 3 Tables. Modified HA.

Since 1950, the rights of criminals have been protected & increased; at the same time, crimes of violence have increased rapidly, & the rights of victims have remained unchanged. Traditional rights have been ineffective in compensating for losses due to violent crime, leading a number of states to enact victim compensation laws. These programs indemnify losses from medical expenses & lost earnings, but not property losses or intangible personal harm. While not a perfect solution, they indicate changing social attitudes toward victims of violent crime. 1 Table. Modified HA.

Attempts to achieve the stated aims of affirmative action programs through establishment of goals &/or quotas for an entire minority group have: (1) discriminated in reverse against those least responsible for past situations, (2) benefited those least affected by past discrimination, & (3) benefited single individuals in the name of a group. Justified goals & mechanisms of valid compensation include: (A) elimination of discrimination in areas relevant to determining/achieving competence, (B) reverse discrimination for those who previously experienced job discrimination, (C) remedial programs or 'handicapping' for those discriminated against at lower levels, & (D) reverse discrimination for the chronically- deprived if such does not cause severe deprivation for others. Affirmative action should seek to redress through: (a) establishing & advertising objective merit criteria, (b) an administrative complaint & enforcement agency, (c) remedial & child-care programs, (d) active recruitment of minority members, & (e) a neutral government official overseeing recruitment & hiring procedures. Modified Author's Summary.

ABSTRACT The topicality of the debate concerning the possibility of civil liability to have a punitive function in our legal system can also be dealt with from the perspective of the legal predetermination of restorable damages, which is topic less studied by legal scholars than penalty clauses. The first chapter contains a survey of the most relevant cases of legal predetermination of restorable damages aimed at questioning the relevant structure, functions and major issues. Thus, the conclusion is reached that the concept of legally liquidated damages is only descriptive, being an instrument by which the legislator intends to realize heterogeneous functions. Accordingly, it is impossible to have only one legal category which is subject to a sole discipline. In the second chapter, the cases of legal predetermination of damages are divided in three groups, according to the prevalent function that the restoration of damages has: compensative, punitive or indemnitary. The conclusion is that civil liability may have a punitive function, that must be supported by a provision of law, in absence of which the judge cannot deviate from a merely compensative principle. The classification in three groups, the analysis of the structure and the functions of legal predetermination of damages allow to answer to some practical questions, concerning the legal predetermination of damages and infer some practical suggestions for a correct use of such instruments.

Capitolo Primo: analisi del fenomeno dei punitive damages nel diritto inglese e nordamericano; focus sul profilo funzionale e sui problemi di costituzionalità. Capitolo Secondo: analisi del dibattito circa la legittimità del riconoscimento o dell'introduzione legislativa dei danni punitivi in Francia, Germania, Ue. I danni punitivi nel Codice di Consumo argentino. Capitolo Terzo: compatibilità dei danni punitivi con l'ordinamento italiano; la chiusura della Cassazione (casi Fimez e Ruffinatti) e le contestazioni dottrinali al principio di integrale riparazione del danno; analisi delle fattispecie ultra-compensative del risarcimento: art. 2059 c.c.; art. 96 c.p.c., art. 709ter c.p.c., art. 125 c.p.i., art. 12 legge sulla stampa, art. 18 (abrogato) sul danno ambientale.