Schulische und außerschulische Lernorte im dualen System (German Edition)

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Book III, section Edited by Blakeney, E. Herodot obviously misunderstands the meaning of the nomos-concept in Pindar. Herodot, I, and III, For reasons of clarity I would like to distinguish ive such partial answers. These are formulated norms of diferent types.

They have in common that they standardize actions and situations. Considered from the viewpoint of the child that has to go to bed at night, the situation today completely difers from that of yesterday or the day before yesterday. These criteria represent a selection of speciic features of actions and situations that must be learned by each following generation. Indeed, the feat of education does, after all, consist not least in the ability to bring to bear a certain repertoire of standardized situations against the backdrop of a wealth of subjective-individual situations experienced by the child.

Social norms cannot be valid unless generally binding standardizations of actions and situations are recognized and asserted as valid — and, as we shall see, these standardizations are of a particular nature. Accordingly, social norms do not only include standardizations of situations and actions, but also of people.

By Ludwig-Maximilians-Universität München

They are directed towards a certain person insofar as he is father, medicine man or citizen. The kind of behavior that is expected from a child also essentially depends on whether the action is related to his parents, or his playmates, or his teachers. All of this seems to be natural to us. It is also natural to assume that social groups are not a cluter of uniform elements but an intrinsically diferentiated fabric of rights and obligations.

What we would like to assert, is merely a condition of this possibility: Rather, the separate social roles must mutually imply each other: The family father must fulill certain duties that, for instance, relate to children, and in turn, he himself expects the corresponding reaction of the child to follow behavioral commands. Furthermore, the diferent obligations of one person, e.

And inally, the special social norms must complement each other 5 The sameness or comparability of social situations accordingly is not, as is sometimes implied, a methodical iction of sociologists who interpret social orders; but it is an efort of abstraction that must always be carried out when people make their action predictable in a binding manner. Social orders are founded on such eforts of abstraction.

New vantage points are developed by: Dahrendorf, Ralf, Homo Sociologicus. See there for further literature. Kolner Zeitschrift fur Soziologie und Sozialpsychologie, , Vol. The second part with the same title was published in issue 3, pp. This mutual implication, i. Everyday experience tells us that an individual is a member of various social units, a bearer of various social roles.

However, it is by no means a particularly modern phenomenon. Instead we can dare to formulate the following, empirically veriiable thesis: Every human — with the exception of the very small child that completely merges in its family and, of course, with the exception of hermitism and the like — every human being in every culture that we know is a member of various social units.

Even in Australian Aboriginal clan cultures in which the local unit is in accord with the extended family, at least relationships with relatives are realized that extend to other local units. Accordingly, here — in the extreme case — we can also distinguish at least two social units that the individual is obliged to — even if the nuclear family is not perceived as a separate functional unit. Every individual is always — if just for once we use the expression — a member of various societies. Wherever people design structures of coexistence, the result is a multitude of overlapping and intersecting social units — an ever-recurring formative principle of societization Vergesellschaftung.

It seems to me, that the question as to why this is so has not been answered satisfactorily so far if, indeed, it has not even been suiciently unambiguously formulated. I must restrict myself to pointing out merely one consequence. The multiplicity of intersecting and overlapping obligations means that the possibility of a norm conlict is in principle inherent to a structure of social arrangements. We can observe a latent competition of interests between social units in all cultures — including those that we usually regard as particularly homogenous.

Yet, maybe the degree of non-homogeneity of the various social obligations correlates with the degree to which a person is aware of him- or herself as existing individually. Maybe the latent competition and possibilities of conlict of the individually intersecting norm structures have to manifest themselves before we can relect our social ties as a dimension of human life and gain the distance necessary to develop a speciically individual relection on ourselves. This would imply a 7 On this issue compare Merton, Robert K. Social Theory and Social Structure, Glencoe , p. I believe it is enough to identify social units as a fabric of interrelated social roles.

And not only because of the mutual interrelatedness of social roles. If the concept of social norms in the context of sociology should be meaningful, empirical reference points of the validity of norms must be detectable. I have postponed posing the question so far because it leads us to a further, fourth phenomenon that is beter explained at this point in the argument.

Obviously, the validity of norms cannot simply be equated with the anticipated regularity of all types of behavior. There are many anticipated regularities — e. It would be no problem at all to do it diferently. We would like to speak of a norm only when the deviation from such anticipated regularities causes sanctions against the deviator such as demonstrative disapprovals, repressions, discriminations, or punishments.

In these cases, the deviating actions of an individual or a number of individuals are followed by further actions of diferent people that relate to these deviations in a particular manner. The line between a custom and a social norm — for instance a binding custom — can, only then be deinitely drawn when precedents exist. Not only for a sociologist, but also for the agent himself, especially for foreigners, the question of whether a generally usual behavior is binding or not may be kept in suspense: Can we simply say: This would be comparatively unequivocal but all too simplifying.

For then we would have to interpret every act of private revenge as an execution of a sanction against a norm violator. Who a norm violator is would be determined in every case by the one whom, for some reason, plots revenge. Consequently, we cannot dispense with the notorious third party. For as long as someone damaged by deviant behavior has to rely on himself, his reaction is as much a private issue as is the deviant behavior itself. Only the support of the others, the group public, transforms the reaction so that it achieves the quality of a sanction.

Ethnographic materials, but also daily observations, tell us that there are numerous transitions from the demonstrative disapproval to the physical participation of the group public in the sanction for instance in the shape of social boycot and from here on again to the complete execution of the sanction by the group public. We talk of legal norms when such authorities develop into a central instance that protects a speciiable number of social norms by virtue of its sole power to sanction.

In our context, though, the focus is not on the delineation of this special case of social norms, the legal norms. What is important to us, though, is the insight that it is empirically demonstrable that social behavior is bound by norms existing without or beyond legal norms.

The decision on which kind of behavior is considered normative is not necessarily based on a verbal agreement; consequently, social norms cannot be identiied by opinion polls. If anticipated regularities of social behavior are interpreted normatively, they can only be deduced from the reactions of the respective 9 Geiger, Vorstudien, p. Preliminary studies for a sociology of law. Correspondingly, the degree of the validity of social norms not only depends on their observance but also equally on the degree of readiness to execute the corresponding protective measures; on the degree of readiness to assert the claim of the permanent obligation against the breach of norms.

Accordingly, not only a kind of action that asserts the statement: Everything we have pointed out on the issue of normative behavior and norm structures so far must therefore be considered as a doubled obligation. Every social obligation of a person is matched by the protective functions of others. These protective functions are also linked up with the diferentiation of social roles and with speciic membership expectancies. The ways in which we meet them, in which we carry out sanctions, contributes as much to the maintenance of norm structures as to their alteration. Why also to their alteration?

So far, we have merely ascertained that the emergence of social norms can be recognized by the execution of sanctions: A corresponding process may likewise be observed when a normative claim disappears: Deviations are — at irst hesitatingly — tolerated, then more and more rarely provoke sanctions, until they — after a transitory phase of uncertainty —are eventually accepted. Variations in the execution of sanctions can, therefore, serve as a seismograph enabling us to deduce changes in norm structures.

However, this does not exhaust the relevance of the phenomenon. The execution of sanctions not only illustrates changes, it is itself the most precarious, delicate part of the normative system of actions. This is predominantly the case because it is usually also a normative obligation, although to a lower degree. The primary breach of law generally is condemned more strongly than the violation of the corresponding duty to report it, the immoral behavior more strongly than the lack of indignation.

This lack of reaction may, of course, in turn also become subject to sanctions. However, somewhat simpliied it seems appropriate to claim that the degree to which such secondary or tertiary reactions are binding will successively decrease. Although the abandonment of sanctions also contributes as much to the change of norm structures as does the primary breach of norms, it is usually less dangerous, more convenient, and often less visible.

Consequently, the decrease of the validity of a norm becomes obvious when the majority of the people involved fail to react to the transgression, i. At this point, for instance, the strategy to establish tyrannical regimes is consciously or unconsciously employed. The majority of the citizens, at irst, are not led to breach primary norms, but are demoralized because the atempt is made to prevent it from executing sanctions against a breach of norms — i.

The process of demoralization, at irst, is only aimed at the readiness to counter the breach of a norm with the assessment of the continuing validity of this norm. The readiness for action is prepared by the abandonment of the reaction. This is what calling the execution of sanctions the most labile, vulnerable part of the normative system of actions means.

Every education has the aim to hand on certain contents of norms. Often, this is accomplished very poorly. However, 10 The analyses of reactions to breaches of norms and also in a broader sense: Once more, let us ask: Once more the answer is commonplace. Yet, this is exactly the issue: So how can education reach the goal to hand on social norms? Inheritance does not solve this problem. By no means does this imply a relected moral philosophy.

We also do not insinuate that the subjugation to social obligations can always be traced back to moral motives. Personal interests, the fear of sanctions, and the like will frequently play a part — if they are not decisive. And this notion of what in itself is binding is teachable and learnable. Only because of this does it make sense to say that humans are the creatures able to ought to do something.

It seems to me, that the most general, and at the same time, arguably the most important feature of this learnability of directives stating what ought to be done, is that we can habitualize obligations. Or, to express it in more illustrative terms: Accordingly, to ask whether we can trace back every phenomenon illustrating that social actions are norm bound either to personal interests or to a conscious orientation toward norms — or to a mixture of both — would be wrong.

And it is just as misleading to contrast social actions alternatively as habitual or norm bound. They can become an answer that does not require a previous question. At this point, I would like to stop and close with a general consideration on the type of question that I have tried to follow. In order to proceed, analogous investigations, especially into phenomena of superordination and subjugation as part of social coexistence, would be necessary, on inluence, on power, on dominion and, eventually: The question pursued here asks for the conditions of the possibility of human coexistence.

How is it possible that humans can — with some certainty and continuity — become atuned to one another? I consider this question to be answerable. These conditions can be found — namely beyond the familiarities and trivialities of daily life that usually block our view of the inevitable in social life rather than sharpen it. Soziologie 4, Berlin , S. It is, to point this out once more, aimed at those achievements of the social productivity of human beings that lift our coexistence one tick mark above the voluntary, accidental, or unpredictable. We cannot know where the limits of the ability of humans to deine themselves in social terms are.

Violent outbreaks in Darfur, for example, cost the Chinese oil industry millions of dollars, as did the violence during the fall of Muammar Gaddai in Libya. Long-term market actors often have much to lose during violence, but—of course—some proit tremendously in the interim. These relationships are complicated, shifting, and intertwined. This article argues for greater inclusion of market actors in genocide studies both to understand and respond to the complex roles these actors play in both participating in and interrupting mass atrocity.

This article deines market actors as any business, transnational or domestic, of any size and considers questions of both accountability and responsibility. Corporate accountability refers to the amends a market actor atempts in the aftermath of human rights violations. The irst two guiding principles consider prevention and the third, remedies.

The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights; 3. The need for rights and obligations to be matched to appropriate and efective remedies when breached. This article, however, locates the responsibility back in the business enterprise—where many activities and decisions originate.

The purpose of this article is not to condemn or expunge the SNCF, rather to consider how the various iterations of the on-going conlict highlight many of the contemporary conundrums when we consider corporate complicity in genocide and massive human rights violations. The German demands, which included shipments of soldiers and armaments, also included the order to transport roughly 76, mostly foreign-born Jews to the German border where a German driver then took them to Auschwiz.

Most deportees sufered during the thirty-six hours that they were packed in merchandise cars with no food, water, light, or sanitation. Current estimates say that only 3,, of the original 76, Jews transported survived the voyage and the death camps. In the cases discussed in this article, the harm is irreparable and cannot be remedied as a case of poison ivy might be. Instead, this article refers to responding to human rights violations rather than providing remedies. United Nations Human Rights, , 1. Via lawsuits and legislation, the conlict has rolled on for decades.

Tyranny and mass violence create extreme and complicated contexts in which individuals operate and make moral decisions. At the moment they are made, these decisions may not appear as moral choices or even as decisions. But they can have serious repercussions. The scholarship emerging from the ield of corporate social responsibility CSR can help genocide studies tackle diicult questions, such as: Where within a business does accountability reside?

Are agents, shareholders, or executives responsible? The ield of CSR can also help guide discussions around the ethos of businesses giving rise to policies and behaviors that prohibit or promote life-supporting behavior. In return, genocide studies—and the related ield of transitional justice—can help expand CSR beyond labor rights and environmental issues to more fully consider forms of remedies and prevention necessary in the context of mass violence. Genocide Studies, Transitional Justice, and Market Actors Traditionally in genocide, peace studies, and conlict studies, discussions involving market actors falls into two categories: The second category speaks to the ways in which industry igures into long-standing economic inequality both as a complicit actor and a means of advancing Social, Economic and Cultural SEC rights.

Historically, genocide studies and related disciplines have sidelined issues of economic crimes. Current discussions remain relatively sparse. A Study of the French National Railroads. Cambridge University Press, These rights address questions of access, but not necessarily structural factors. See also Miller, Efects of Invisibility. Chapman, Assessing the Impact of Transitional Justice: United States Institute of Peace, ; R.

Miller says John Elster also treats economics as a separate domain. However, focus on asset recovery can obscure the powerful role market actors continue to play. The Marginalization of Corporate Accountability To encourage discussion about market actors, it is helpful to consider what contributes to a general sidelining of these issues. Corporations so powerfully structure culture socially, economically and politically, marginalizing them in conlict work seems dangerous.

Proposed scholarly explanations for the marginalization of business in genocide studies include: A number of scholars note how the structure of international law makes it diicult to discuss the culpability of economic actors in mass atrocity. The court can only prosecute a natural person not a legal person. Even if the ICC and other criminal courts could try legal persons, the prosecution would have the diicult task of proving the accused entity possessed both a mens rea guilty mind and an actus reus guilty act.

Implemented 14 December See Carranza, Plunder and Pain. Estate of Ferdinand Marcos regarding their billion-dollar estate. Most of embezzlement remains at large. Miller, Efects of Invisibility. Interventions and Priorities after Mass Violence Stanford: Stanford University Press, This makes ascribing accountability diicult. Enterprises may have transported soldiers, provided fuel, housed monies, or fabricated materials used in combat.

What is the responsibility of this station for its role? These questions remain diicult to answer and as a result the enterprises ind themselves largely expunged. Concerns About Corporate Accountability Some scholars avoid corporate accountability because such they fear it promotes collective guilt, which leads to blame and shame cycles that impede reconciliation and healing.

Secretary of State Madeline Albright, agrees. She believes moving forward requires holding individuals accountable in order to expunge the collective. Economic issues became taboo. Elie Wiesel observed this taboo. Structural changes may anger elites upon whom development and peacebuilding depends. Public Afairs, , x. It would have been too much, Naomi Roht-Arriaza argues, to prosecute this elite for all their corruption. Trials would have destabilized the state. Even in peacetime, corporations and their agents create and reinforce power structures that resist accountability.

For years, French President Miterrand protected befriended collaborators from legal and political atack. Together they pardoned Paul Touvier, a lead French collaborator with the Nazis. Eventually, Touvier became the irst convicted in France for crimes against humanity. The 2nd Military Tribunals conducted by the U. While the trials served as a birthplace for corporate liability for crimes against humanity, no corporate mogul served more than eight years in prison. Most went on to build post-war Europe in various capacities.

In spite of this light treatment, these trials served as the beginning of corporate accountability debates. Kevin Jon Heller and other distinguished Nuremberg scholars argue that accountability of legal persons corporations irst began after the war. Heller and his colleagues pointed to the Allied Control Council, an international body operating in Germany after the war, which held corporations accountable. The work of this council led to the dissolution of corporations and the seizure of their assets.

The SNCF conlict and other contemporary conlicts ofer an opportunity to see how litle or much the ield has advanced since when the Council completed its work. The Resources to Skirt Accountability Today corporate structures as compared to war-torn World War II companies have even more momentum and means to support the status quo. Many corporations and elites who play large economic roles have political and inancial means to prolong and appeal lawsuits, delaying or nullifying payments.

Ruben Carranza notes how Pinochet, Marcos, and Suharto all used their stolen assets to stop or limit investigations. More recently, in , a court in Ecuador atempted to hold Chevron accountable for environmental damage since the s. University of Nebraska Press, Ferencz, Less Than Slaves: Harvard University Press, Farben was disbanded for its role in the German war efort, not for its production of the Zyklon B gas used to kill Jews and other deportees.

The company refuses to pay and the government has no means by which to demand payment. Even though the events occurred over seventy years ago, the case study provides a rich opportunity to see how corporations can skirt legal liability. Created in , the SNCF began as a conglomerate of ive major private rail companies operating in France. The company would be considered state-owned but tried under civil law.

This hybrid public-private identity would complicate questions of accountability for decades to come. At the start of the war, the company boasted , employees. While the SNCF maintained daily operations, the company also transported German soldiers, armaments, livestock, and other goods for a fee. Germans also ordered the deportations which SNCF workers, reluctantly or not, carried them out.

Almost eighty-thousand Jewish deportees found themselves crammed aboard catle cars headed towards their death. Even if the SNCF workers could claim ignorance regarding the destination, the sight of the deportations themselves were a clear massive human rights violation. A French military policeman who managed the convoy leaving from Gurs—the French internment camp—September 1, provided the following description: In truth, the special train of September 1st was transporting a mixed group of men, of women; of elderly, of sick and wounded were left to their fate once the train had departed.

With the exception of those traveling in the two passenger cars, the group was parked on straw, humid with urine. The women were desperate, without hope, to satisfy their natural needs out of the sight of strangers. The site of this train left a powerful and negative impression on the non-Jewish French population who saw it. Every train reached its destination and no documents yet found indicate direct resistance from the SNCF management. Research also included participant observation at commemorative sites, legislative debates, the State Department Treaty signing, and pro bono work at the House of Representatives and the U.

While this thesis focuses speciically on the Jewish deportations, political prisoners and others also found themselves on these trains to Auschwiz. Could more have been done? What has been the response of other complicit companies? Though created as a state-owned enterprise in and then placed under German control during the war, the SNCF liked to think of itself as operating independently. In , Nazis briely set up a transportation division in Paris and within a month returned all control, except for the costal operations, back to the French. As a result, from to , the SNCF fulilled and billed for all German requests while retaining majority of control over its operations.

During these years, the Germans rarely issued orders but when they did, the SNCF responded unenthusiastically to German involvement in its afairs. The lack of enthusiasm at the executive level became most visible after the German defeat at Stalingrad in February of The acts of resistance were vital and required great bravery.

There were heroes and many engaged in heroic acts silently. Throughout the war, however, as an organization the disgruntled SNCF cooperated more than it resisted, fulilling most German orders on time and with relatively litle supervision. The Nazis had relatively few Germans to spare to manage the French occupation. A relatively small group of 60, German soldiers arrived in France to oversee forty million people. Supervising so many individuals with so few Germans, required complicity on many levels. Successful occupation relied on a variety of insiders who become necessary accomplices.

Germans demanded complicity with greater intensity as the war went on. There were acts of the resistance among some of the railway workers, but the executives seemed to largely collaborate. Most acts of resistance sought to disrupt the occupying forces rather than to save the deportees. The few atempts on the behalf of those crammed aboard the catle cars, Simple One-Way Ticket. Presses Universitaires de France, Historian and economist Michel Margairaz agreed, arguing that the SNCF operated under the thumb of both the complicit French government and the German occupier.

Annete Wieviorka, however, interpreted the clause diferently, arguing the SNCF retained ownership of its materials trains, wagons, etc. National Archives of Paris, France. Note, the batle of Stalingrad, August 23, through February 2, , is seen as the turning point of the war.

The Germans never regained their positions after this defeat to the Soviets. Marrus and Robert O. Basic Books, , xvi. The executives likely knew, though the train drivers who descended at the German border could likely not imagine the death camps at the end of the line. Deportees themselves could hardly believe the rumors of Jews being incinerated upon arrival. While knowledge of the destination had been limited, clearly the horrendous conditions were visible to all near the wagons. The screams and lack of food, air, water, sanitation and space were themselves torture. She said, I saw a train pass by; at the head of the train, a wagon containing the French military police and the German soldiers.

Then, came the catle cars, packed. The skinny arms of children clinging to the bars. A hand outside lapping like a leaf in a storm. They mostly determined the conditions and the SNCF workers carried them out. On a daily basis, there were moments of collaboration, resistance, bravery, cowardice, and everything in between. This further complicates the question of accountability. And for how long? SNCF executives, engineers, conductors, and others enabled those trains to depart. As of , all the involved individuals have passed away — only questions of accountability remain.

The answers are not clear, even to the survivors. Of the over 80 Holocaust survivors interviewed for this research, the majority were unsure about whether holding the contemporary company accountable made any sense. Post-War France Immediately after the war, Holocaust victims remained unrecognized as a distinct group, having sufered persecution as well as war wounds. Of the eighty survivors interviewed for this research, only a couple boasted more than sixteen-years of age at the time of the war.

They recalled a post- war home life more brutal for many than the war itself. Many had lost families and identities and struggled to ind food, money, education, and any feeling of safety. After surviving Auschwiz, Daniel—age fourteen—recalls approaching the bank to withdrawal the litle money left by his parents both murdered in the camp. The bank sent him away explaining the account had been closed for disuse.

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Immediately after the war, many found not just their assets frozen, but their voices too. They were unable to speak freely. At home, they could ask nothing of their parents and express litle of their own sufering. They said people wanted to move on and with scarce food and jobs; few had time or energy to pursue justice or lick wounds. Survival came irst, concerns about justice came later. Knopf, , No remaining invoices prove the SNCF received payment to transport deportees to the German border crammed in catle cars. Some worked to reveal collaborators or in other ways make sure their experience was included in the collective memory.

Time, global events, as well as historical works also helped upend the silence. After forty years, some public archives opened, enabling people to access information about accounts and government activities. Tens of thousands of survivors, many of who lived in the United States, could launch transnational holocaust litigation for stolen assets.

French documentarian, Claude Lanzmann, prompted conversation through his nine-hour documentary, Shoah, in which he interviewed the individuals who perpetrated the crimes. With increased voices came additional political trials, compensation programs, and the unleashing of transnational holocaust litigation. During this time, the SNCF found itself in court. See Table A for related lawsuits SNCF Accountability Debate While the events of the Holocaust date back seventy years, genocide scholars and justice seekers continue to live in the questions the atrocity provoked.

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Some of those touched by the persecution demand inancial compensation. A powerful group of lawyers, legislators, and survivors linking Holocaust injustice to United States regional and high-speed train bids continue to make headlines with their calls for justice. The group ighting the company wants the SNCF to be more transparent regarding its wartime role and to compensate victims before advancing business interests in the United States where it and its subsidiary Keolis bid for contracts.

The SNCF had become and continues to be a world class railway and transport company. In , the company reported its worldwide revenue as This means the company is still state-owned but can participate in commercial activities normally prohibited by state entities. The trains serve as the veins through which nearly every person and product eventually lows. Do these trains bear the responsibility?

The father of Holocaust research Raul Hilberg was not so quick to dismiss the accountability of the individual railway man. As intelligent men they were capable of understanding the tenor of their time. Many site the complexity of the times and the complexity of collective accountability. In addition to governmental control, the SNCF had its own set of norms and structures that might have made widespread resistance diicult.

Questions of group accountability within the moral framework of an agency remain a much- debated subject. What about the postal service for notices sent to Jews during the War? Anyone who showed any signs of independent activity, anyone who would not discharge the requirements of the Reich, was purged. The eforts of the plaintifs catalyzed a large French setlement—discussed later in the article—and helped the SNCF become a large supporter of Holocaust commemoration in France. The courts, however, remain inaccessible to those trying to ascertain legal liability.

French Lawsuits This article addresses the challenges of holding market actors legally accountable for participation in atrocity, beginning with the SNCF. For years, in France no one was allowed to even sue the State for Vichy policies. The court rejected demands for compensation for victims sufering under the anti-Semitic legislation and deportations policies on the basis that the policies never existed.

The court based this ruling on the August 9, ordinance which declared the Vichy Regime a de facto government and thereby considered all its policies null and void. Convoy 78, left Lyon two days after the declaration on August 11, , crammed with people men, 12 children, and women. Only in 48 Ralph G. Philip Alston Oxford and New York: Oxford University Press, , Despite this eventual transformation, no one ever succeeded against the French railway company. The French cases and the rulings demonstrate some of the diiculties in holding market actors accountable even in countries with established court systems.

The high courts had closed its doors to victims for roughly sixty years. When the gates opened, they did so only partially. Claimants had much work ahead of them. Class action lawsuits allow large numbers of people to sue without baring legal fees individually. Class action lawyers often work on contingency fees, meaning they receive payment only if they win the case.

Without this system, survivors wanting to sue in France would have to pay their own legal fees without guarantee of regaining lost assets. This also means the court must hear each individual case. For tens of thousands of victims, this could occupy the court for decades. Furthermore, any winnings would only belong to the individual claimant and would not help survivors with similar losses.

In spite of these barriers, several individuals in France, with the means to do so, batled the SNCF for personal and inancial reasons. The most infamous French case, that of the Lipiez family, never led to inancial compensation, but the legal reasoning used provides insight into how corporate accountability cases may be considered.

On November 14, , Alain and Georges Lipiez son and father, respectively iled against the French state for their losses related to the deportations. Alain Lipiez claims that his father, for whom he launched the suit, had no grudge against the SNCF, but added the company because Rouquete argued the SNCF was a distinct juridical entity, separate from the State and therefore suable. Furthermore, if Georges only travelled to Drancy, he did not endure the same transport conditions as the deportees travelling over thirty-six hours to Poland to a death camp.

While George was not a willing passenger, his experience was not the grave crime against humanity sufered by over 75, Without class action, the SNCF only had to prove that the Lipiez family did not experience immense tragedy. Post-war lawsuits faced on-going critiques. One critique is that post-war trials can be so lengthy they limit their impact.

The Administrative Court of Toulouse read its decision to a large room of jurists, students, and journalists among others on June 6, , ive years after the case was iled and three years after the death of Georges Lipiez. So the railway had no business having them on the train It never did anything, or tried to do anything, to slow down the rhythm of the convoys, even after the Allied landings. Les Petits Matins, He then argued a legal technicality—at the time of these events the company operated under private law.

Therefore, any cases against the SNCF for these ofenses would need to take place in a civil or criminal court, not an administrative one. This highlights a legal lacuna that makes it hard to convict the company—while a public company, it operates under private law. Private law largely handles individuals, rather than collective entities; in other words, an individual criminal.

In this case, the court was faced with a company who no longer employed anyone who perpetrated the crimes. They were all dead. Led by Harriet Tamen. Litigants appeal, without success, to the U. Supreme Court in SNCF appeals and wins in February , the lawyers petition the Supreme Court who denies the claim in October of that same year. Supreme Court application was granted March 23rd but the Supreme Court never hears the case.

Steven Blonder and team. This focus on theft attempts to circumvent the FSIA that blocked the other class action suits. This was a symbolic win for many and a inancial gain for just a few. As mentioned earlier, without class action lawsuits, only those who launch and pay for the lawsuit receive any winnings. The decision did not create a compensation program for others. They claimed, however, if the SNCF had to conduct these transports, they surely did not for a minute relect upon the consequences.

In other words, the SNCF was neither a lead resistant nor lead perpetrator. This case, while not resulting in inancial compensation, was a major blow to the prevailing narrative that the SNCF played a solely heroic role in the war. Victims felt encouraged by the Lipiez near win they and their descendants iled an estimated complaints against the SNCF.

The court ruled on Hofmann-Glemane v France and SNCF that while the crimes themselves were incommensurable, pragmatically speaking, there would have to be a inancial cap. No more individual cases would be heard. Michael Marrus calls the February 16, decision the decisive ending to French Holocaust litigation. A commissariat is not a judge, but confers with the judge throughout the case. Their comments are inluential and often relect that of the judge at the time they are read. This ilm proliferated the heroic narrative of the SNCF. Since the s, the company opened its archives.

In all of the train stations, it had an exposition on the deportation. Saying that the company did nothing for commemoration, like certain members of this case are saying, is unlikely. This approach is scandalous. After completing his extensive search in the SNCF archives, Ribeill believed that French lawyers were ighting the company with judicial arguments based on litle historical founding. Litigants turned to the United States where class action lawsuits lourished. One reached out to New York-based lawyer Harriet Tamen known for her work in the mids challenging the French banks for freezing victim bank accounts.

The SNCF lawsuits demonstrate the kinds of legal lacuna that allow market actors to skirt around the legal system. The SNCF escaped liability because of its hybrid public-private identity. In the United States, the company positioned itself as part of the French government. In France, the company used its private identity which placed it under private law. In addition to legal loopholes, market actors have greater funds to throw at cases. Tamen took on the case pro bono. Lobbying and Legislation When courts fail in the United States, lobbying and legislation can be used to mount pressure.

Plaintifs against the company succeeded at this. The SNCF and its subsidiary Keolis bid for a variety of commuter, regional, and high-speed rail contracts. Other world-renowned Vichy experts and Holocaust activists have spoken in defense of the SNCF and have been discredited for doing so. This helped Tamen and her supporters succeeded in their lobbying eforts. The legislation brought the debate national and international atention. As of January , only Maryland has passed a bill. The SNCF, the favored company, complied, but ultimately lost the bid—allegedly because the competitor ofered a lower bid.

Therefore, any complaints must be handled diplomatically. These state-level scules led to bad press and cost the SNCF considerable time and money. These remaining survivors, all children during the war, are now quite elderly and frail. This makes the U. A foreign, faceless multi-national train company becomes all too easy to hate.

Trains remain arguably the symbol of the Holocaust. Holocaust scholar Raul Hilberg argues that while many organizations S. While the 50, death and work camps difered in their conditions and survival rates, almost all arrived by rail. It remains the one shared experience. While Nazis succeeded in killing hundreds of thousands with bullets, the annihilation of over six million Jews could not have occurred without the railroads transporting them to death camps.

Firstly, without railroads, so many Jews and other deportees could not have been taken to the camps. Trucks crammed with victims would not have been able to bring so many people such great distances. Mass atrocity requires massive eiciency—trains provided this. The Conlict Climax The pressure exerted by state legislation and national visibility pushed this conlict towards what seems to be the climax, if not the end. On February 6, , the U. State Department oicially began negotiating with the French government over the issue of the deportees transported on French trains.

State Department in December to compensate an estimated 2, victims and descendants around the world not covered by other French programs. As of January , the U. State Department is working ardently to distribute funds to survivors before they pass away. As many said in interviews, they most needed the money right after the war when they had no parents, homes, or money.

State Department oice of Holocaust Issues conirms this date. This agreement covers survivors living in countries that did not sign agreements with France to cover resident survivors. Why the United States did not sign an agreement remains unclear. State Department could not recall why the United States never wrote such an agreement. For others it will be largely symbolic and mostly passed on to their children. The French and U. Within four months, however, on April 16, —Holocaust Remembrance Day—descendants of deportees iled a class action lawsuit in Chicago atempting to hold the company accountable for theft.

The conlict continues, though with far less force than before. The company has also issued several formal apologies. Some smaller Jewish organizations throughout the United States, a small group of survivors, their lawyers and legislators claim that without direct restitution such eforts remain insuicient. With the courts closed, they used state power to exert pressure on the company.

The conlict raises the question of who is accountable and for how long. The conlict also demonstrates the kind of legal lacunae making legal liability diicult to establish, even if culpability is clear. The economic power of corporations to handle the legal atacks also creates an unfair ight, especially in France where litigants had to pay their own legal fees. Europe has begun to allow class action lawsuits, which may make corporate accountability cases largely more likely and more efective. Without legal means to ight the company, victims used social pressure to advocate for transparency, compensation, and an apology.

For executives struggling with violations of their predecessors, the SNCF conlict also provides some learning opportunities. In Moral Repair, Walker claims accountable entities must accept a certain amount this hostility and indignation, but stop short of leting themselves become a scapegoat.

Keeping corporations out of the discussion might remove important contexts through which justice can be deliberated and agreed upon. Corporations may struggle, however, to prevent themselves from becoming a scapegoat or caught in double-binds. When the SNCF apologized, for example, some rejected the apology, believing it to be motivated by business interests. If the company did not apologize, however, its management would be considered cold and heartless. In many post-conlict contexts, the largest industries are tied into governments legally or through corruption.

Even if not literally connected, many governments want and need large corporate entities to generate wealth and provide jobs. Governments can be protective of national industries. The United National Guiding Principles ofers guidance on how governments can respond to market actors complicit in human rights violations. The SNCF conlict fought the conlict largely on its own for several decades until the State stepped in and led negotiations. Reconstructing Moral Relations after Wrongdoing, 1st ed.

Ransom, and Gregory Bateson, Double Bind: This had symbolic importance for them. Even if legally considered state-owned, some businesses may need to make contributions from their own cofers to provide victims the acknowledgement they require. Direct payment to survivors provides public admission of the harm and suggests it will not be repeated. If the State simply pays, it seems as if the complicit entity has made weaker promises about changing future behavior. This is often not the case. In most post-conlict contexts, survivors lack the power and voice to challenge large corporate entities, especially ones protected by the State.

Victims of the genocide in Indonesia, for example, still have far less power and support for any claims. Some of those complicit in the genocide are still in power. The government has not formally recognized the genocide and innocent individuals are still barred from various government positions because of unsubstantiated claims that they were enemies of the state in the s. Without public recognition of the victims, public sympathy cannot be easily expressed and pressure cannot be exerted.

In contexts where victims lack strong public legitimacy and recognition, additional outside support and sponsorship might be required. The Genealogy of CSR: Corporate social responsibility CSR literature could help scholars ind productive ways to engage these paradoxically ubiquitous yet hard to access entities.

CSR, like transitional justice, emerged in the wake of WWII and now ofers increasingly sophisticated frameworks that might be of interest to the ield. Friedman argued to place social good before the needs of the shareholder who invests in the company upends the whole free market mechanism. Many agreed with Friedman that CSR and most business ethics programs undercut the underpinnings of business.

Business scholars succeeded in developing models that more convincingly coupled proits with CSR. This peaked the interest of the business community, which faced an increasingly savvy and vocal consumer base that commented on everything from labor practices to the environmental impact of production. The development ield also began engaging more deeply with corporations. Lydenberg, Corporations and the Public Interest: Guiding the Invisible Hand San Francisco: University of Chicago Press, David Henderson, Misguided Virtue: The increased coupling of CSR with corporate inancial performance CFP can assist those looking to gain leverage over companies operating in fragile post-conlict states.

Threats to proit provide leverage in many Holocaust-related setlements. Stuart Eizenstat, for example, claims the French, German, Swiss, and Austrian banks setled WWII cases because shareholders found the case too costly, not because of conscience. Reputation can also be used as leverage when working with corporations. Beter understandings of reputation as a motivating factor could help practitioners skillfully include business in post- conlict processes.

Their opponents have done the same. The national and international press reports on its Holocaust history have severely challenged its reputation in the United States. This branding problem continues to vex and exhaust current executives who are wrapped up in the challenges of competing in an international market. For public companies, poor reputations can impact stock prices.

Deborah Sparr argues that the proliferation of Internet has ampliied the spotlight efect. People watch what companies do and hold them accountable for their actions impacting the behavior of companies. It is far easier to improve a neutral reputation than to turnaround a tarnished one. Just ask the SNCF. CSR and Genocide Studies: Other CSR theories could also provide a beter bridge between market actors and genocide scholars and related disciplines. This model promotes corporate independence while challenging the corporation to alter its internal norms and practices to avoid human rights violations.

Natural synergies are possible by aligning CSR business interest models with the interests of peace, justice, truth, and freedom. At the same time, CSR would beneit from the overlay of genocide studies. The majority of this scholarship currently concerns itself with environmental issues and labor rights issues. Companies agree to adhere to certain principles and then the UN lists the companies as part of the compact. Porter and Mark R. Cambridge University Press, , ix.

My dealings with the company, speciically, their openness to my research makes me think they might be willing to work on other related projects. Conclusion Those who become most visible in the aftermath of atrocity are not necessarily the most culpable. This article emphasizes the cost of permiting market actors to escape accountability simply because their wealth and size may enable them to hide their activities. Legal lacunae also make accountability challenging Beyond accountability, market actors can become signiicant allies in failing societies, ofering jobs, stability, and growth.

By uniting CSR and genocide studies positions corporations can be seen as both part of the problem and part of the solution. Market actors are participants in a society and like everyone else play complicated roles as both perpetrator and even victim, often losing out when violence strikes.

This is as much during the atrocity as after. Some harbor stolen funds or beneit from enrichment due to enslaved labor. Market actors can also fund post-conlict restitution and commemorative programs as well as provide needed jobs. To consider them solely perpetrator or victim betrays the truth of what happened and cuts of important areas of discourse.

The SNCF conlict demonstrates the ways in which some try to hold corporate actors accountable even seventy years into the aftermath. The legal lacuna that provides SNCF impunity provides insight into the kinds of mechanisms protecting others. Lobbying and legislation demonstrate the power of local voice in the United States. Yet, this can only occur in a government with legislators who are not protecting business interests and in a society where victims have voice. This is usually not the case. Most victims still struggle for public legitimacy or what the French call reconnaissance.

This is true for Armenians, Indonesians, and many others. The market actors complicit in genocides will likely continue to march along unimpeded. The sidelining of market actors also blinds the ield to allies. They have sent troops to the UN Peacekeeping force and make public statements to demand a cessation of violent outbreaks. In … der Inklusion verlieren die Kinder mit Behinderungen ihren besonderen Status der Andersartigkeit.

Vielfalt ist normal, alle Kinder sind unterschiedlich, anders, einzigartig, individuell. Der Status quo des Aufbaus des deutschen Schulsystems entspricht daher nicht dem eines — entsprechend der o. Definition — inklusiven Systems. Daher spreche ich in diesem Beitrag von Integration bzw.

Autorengruppe Bildungsberichterstattung ; ; Klemm ; Dietze ; Schnell Auch wird nicht klar, wie die Autoren zu ihrer Klassifikation gekommen sind. Dies ist Gegenstand des folgenden Abschnitts. Darauf aufbauend wird in Abschnitt 4. Behinderung kann laut WHO Solga und Dombrowski Dies kann ein soziales Stigma konstituieren vgl.

Ein Stigma ist laut Goffman []: Wocken ; Schumann Pfahl ; Powell ; Solga Cicourel und Kitsuse Dabei zeigen Untersuchungen der letzten 20 Jahre, dass. Solga und Wagner Statistisches Bundesamt ; Wagner So schreibt Cloerkes Dokumenten keine eindeutigen Hinweise finden lassen. Insgesamt liegen der Auswertung Dokumente zugrunde vgl. Sie dient lediglich der Handhabung des umfangreichen Materials vgl.

Das kann hier nicht geleistet werden. Ferner kann Aussonderung auf unterschiedliche Arten stattfinden. Die Frage nach der sozialen Komposition einer Lerngruppe muss empirisch ermittelt werden und kann anhand des vorliegenden Materials nicht beantwortet werden. Solga und Wagner ; Ehmke et al. Im Ergebnis wurde das unter Punkt 4. Die Ergebnisse der Dokumentenanalyse werden im Folgenden vorgestellt. Nach Esping- Andersen JMB] help us see the forest rather than myriad trees.

Vor diesem Hintergrund muss darauf hingewiesen werden, dass die folgende Typologie und insbesondere ihre Einordnung in den Tabellen vor allem auf die Gemeinsamkeiten der zu Typen zusammengefassten Integrationsformen fokussiert. Innerhalb der Typen kann es aber Variation [ 19 ] geben, die hier um der o. Im Folgenden werden die Typen von Organisationsformen jeweils vorgestellt. Klassenstufen sich besonders oder gar nicht an Kooperationen beteiligen sollten.

Wie die Kooperation ausgestaltet sein soll, wird allerdings nur selten geregelt. Vielmehr soll dies von den Schulen in einer Kooperationsvereinbarung festgelegt werden Bremen, Niedersachsen. Klassen mit gemeinsamem Unterricht oder Integrationsklassen. Dort ist dann z.

Der Unterschied der pauschalen Zuweisung an Schwerpunktschulen zur o. Wie genau dies aussehen soll, wird jedoch nicht vorgegeben.

Dazu wurde eine ungleichheitssoziologische Perspektive eingenommen: Schwer mit den anderen vier Typen zu vergleichen sind Schwerpunktschulen. Bei ihnen handelt es sich um eine Organisationsform schulischer Integration, die nicht — wie die anderen — auf Klassenebene angesiedelt ist. Daher gibt es auch kaum konkrete Vorgaben zu den hier relevanten Vergleichsdimensionen, die vorranging auf die Organisation der Integration auf Klassenebene fokussieren. Die vorliegende Untersuchung der Organisationsformen schulischer Integration setzte auf Ebene des Schulrechts an.

Sie sollte genauer untersucht werden. Dieser Vielfalt werden insbesondere rein quantitative Betrachtungen schulischer Integration, die auf der amtlichen Statistik basieren, bislang nicht gerecht. Zu guter Letzt sei betont, dass in Deutschland nach wie vor die schulische Segregation und nicht Integration der Regelfall ist.

Improving Schools, Developing Inclusion. Bildung in Deutschland Die neue Sonderschule, 47, 3, S. Persistente schulische Segregation oder Wandel zur inklusiven Bildung?

Die soziale Organisation der Schule und abweichende jugendliche Karrieren. Wie man behindert wird. Texte zur Konstruktion einer sozialen Rolle und zur Lebenssituation betroffener Menschen. Materialien zur Soziologie der Behinderten. Die UN-Behindertenrechtskonvention als Inklusionsmotor. Recht der Jugend und des Bildungswesens, 57, 2, S. Internationale und nationale Befunde. Psychologie in Erziehung und Unterricht, 60, S. Weinheim und Basel, S. Social Foundations of Postindustrial Economies.

Gutachten und Studien der Bildungskommission. Die Herstellung Ethnischer Differenz in der Schule. Bildung in der Demokratie 2. Tendenzen - Diskurse - Praktiken. Gemeinsamer Unterricht im Dialog. Vorstellungen nach 25 Jahren Integrationsentwicklung. Weinheim, Basel und Berlin, S.

Zur Effizienz der Beschulung sogenannter Lernbehinderter in Sonderschulen. Handbuch Lernen und Lern-Behinderung. Von der Integration zur Inklusion - terminologisches Spiel oder konzeptionelle Weiterentwicklung? Auf dem Weg zur schulischen Inklusion in Nordrhein-Westfalen. Inklusion in Deutschland — eine bildungsstatistische Analyse.

Empirische Unterrichtsforschung und Fachdidaktik. Die Benachteiligung der Migrantenkinder. British Journal of Educational Psychology, 77, 3, S. Wirtschaft und Statistik, Wiesbaden, S. Social position of special needs pupils in the classroom: Inklusion und soziale Integration von Menschen mit Behinderungen.

A study of special education in Norwegian upper secondary schools. Vorabfassung der Studie, Berlin. Berufsorientierungen benachteiligter Jugendlicher Diplomarbeit. Der deutsche Lernbehinderungsdiskurs, die Sonderschule und ihre Auswirkungen auf Bildungsbiografien, Bielefeld. Hochbegabt, behindert oder normal?

European Societies, 8, 4, S. Special Education in the United States and Germany. Handbuch Bildungs- und Erziehungssoziologie. Hamburger Grundschulen und Grundschulklassen mit einer formellen Integrationsorganisation. Effects of inclusion on students with and without special educational needs reviewed. Educational Research Review, 4, S. Inklusive Bildung als Reformherausforderung. Zur Perspektive der Educational Governance Forschung. Recht als Quelle — Zur vergleichbaren Erfassung schulpolitischer Entwicklungen im deutschen Bundesstaat.

Erweiterte Perspektiven in der Bildungsforschung. Bayern-Forum der Friedrich Ebert Stiftung. Definitionenkatalog zur Schulstatistik Ohne Abschluss in die Bildungsgesellschaft. Fachserie 11, Reihe 1, Wiesbaden. Texte zur Entwicklung einer Soziologie der Behinderten. Materialien zur Soziologie der Behinderten, Bd. Convention on the rights of persons with disabilities. Ethnisch-kulturelle Ungleichheit im deutschen Bildungssystem: Wie man behindert wird: Integrationsforschung und Bildungspolitik im Dialog. World Health Organisation Umfassende Teilnahme am gemeinsamen Unterricht.

Hier soll die bundeslandspezifische Ausgestaltung der Organisationsformen von Integration vorgestellt werden. Die Darstellung orientiert sich inhaltlich an den Regelungen zum in Tabelle 1 vorgestellten Analyseraster. Dies geschah zum Untersuchungszeitpunkt zum einen noch im Rahmen von integrativen Regelklassen vgl. Kreiselelternrat Hamburger Sonderschulen MK Die Arbeit in der Grundschule. An dem Schulversuch beteiligt waren alle Jahrgangsstufen an sieben Grundschulen, zwei erweiterte Realschulen und zwei Gesamtschulen. Der Senat von Berlin Es ist daher unklar, ob diese auch Kleinklassen im o.

Andere Formen der Sonderklassen werden in Berlin nicht explizit als Organisationsform integrativer Beschulung ausgewiesen. Ziff 10 5 VV- SopV. Klassenstufe noch fortgesetzt werden vgl. Die Kooperation konnte dabei entweder in Form von gemeinsamem Unterricht oder von Projekten an allen Schulformen erfolgen vgl. Die konkrete Ausgestaltung der Kooperation wurde zwischen den Schulen in einem Kooperationsvertrag festgelegt vgl.

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