Modelling appellate courts’ responses in motor injury disputes

Motor third-liability insurance is compulsory in the European Union. We examine the behaviour of Spanish appellate courts in the context of motor liability insurance and pay particular attention to four characterising features. Specifically, we investigate (1) how the appellate court interprets the rules for updating the financial compensation when the courts’ ruling is made in a different year to that in which the motor accident occurred; (2) the response of the appellate court when its legal medical evaluation differs from the court’s decision; (3) whether the appellate court modifies the criteria when the insurance company was not charged with interest for delaying payment in the first instance; (4) whether the fault allocated by trial courts is revised by the appellate court. We apply a multi-categorical selection mechanism to deal with samples that are potentially non-random. This allows us to separately consider the characteristics of victim’s and the insurer’s decisions to appeal. The results indicate that disputing agents have significantly different appeal functions, where insurers show a more effective and consistent behaviour than victims.     

Trust and verification: balancing agency and stewardship theory in the governance of agencies

ABSTRACT

Many government services are delivered by (partially) autonomous agencies. Governments need effective measures for contracting, steering, and monitoring agencies and to balance control and trust. In the literature, control-based agency theory and trust-based stewardship theory have often been portrayed as alternative and competing approaches. In empirical studies in public administration, however, these approaches often find mixed and contradictory results. Against this background, this article analyzes how a combination of trust- and control-based approaches, explicitly founded on agency and stewardship theory, can help explain when participants find a given governance regime to be most satisfactory. A survey instrument is developed which, for the first time, fully measures the rich concept of stewardship theory in conjunction with agency theory. The analysis of the governance of Dutch agencies shows that government indeed combines governance solutions from both theoretical camps and illuminates under which conditions this combination is most satisfactory.     

The paradox of grading systems

We distinguish between (i) voting systems in which voters can rank candidates and (ii) those in which they can grade candidates, using two or more grades. In approval voting, voters can assign two grades only—approve (1) or not approve (0)—to candidates. While two grades rule out a discrepancy between the average-grade winners, who receive the highest average grade, and the superior-grade winners, who receive more superior grades in pairwise comparisons (akin to Condorcet winners), more than two grades allow it. We call this discrepancy between the two kinds of winners the paradox of grading systems, which we illustrate with several examples and whose probability we estimate for sincere and strategic voters through a Monte Carlo simulation. We discuss the tradeoff between (i) allowing more than two grades, but risking the paradox, and (ii) precluding the paradox, but restricting voters to two grades.     

Introduction: disability,partnership, and family across time and space

ABSTRACT

Notions of family life and romantic partnership, like notions of disability, have been culturally constructed and socially produced over historical time, and our understandings of these notions are being continually challenged and re-negotiated across time and space. Policies, institutions, and cultural practices across the globe have brought about changes to the construction of the family and to the rights and inclusion of disabled people in private and public life. This special issue brings together a collection of studies from different countries and time periods to explore the interplay between disability, romantic partnerships, and family life across the individual lifetime and between generations. With this interdisciplinary collection, we seek to merge disability research and research on family and partnerships through a life course lens. This offers unique insights and opportunities to interconnect historical and cultural location and changing social institutions with individual and family experiences. This introduction presents the eight studies in the collection and discusses them within a life course frame that views disabled people’s roles as partners, spouses, and members of a family. In so doing, it engages in an analysis of (dis)similarities concerning how family dynamics, romantic relationships, and disability have developed over time and in different spaces.