The Principle of Full Compensation in Tort Law

According to the principle of full compensation, tort law seeks to put the victim in the position he was in before the tort. This position is generally considered to be the situation where the victim does not suffer any harm at all. We consider an alternative interpretation. If an injurer takes due care, the victim is faced with expected harm. This can be considered the victim's expected harm in the situation he was in before the tort. Thus conceived full compensation requires a negligent injurer to pay damages which bring the (potential) victim ex ante in the same position as the victim was in the case where the (potential) injurer takes due care. We investigate the consequences of this restated negligence rule. For due care levels larger than efficient care, the standard negligent rule may lead to excessive care, whereas the restated negligent rule always leads to efficient care. Furthermore, the activity level under the restated negligent rule is greater than the activity level under the standard negligent rule, which itself is greater than the efficient activity level. Social welfare under the restated negligence rule can either be higher or lower than social welfare under the standard negligence rule.     

Getting Out of Debt: Garnishment of Wage in Whose Interest?

Garnishment of wage as a way for creditors to enforce payment by unwilling or insolvent debtors, while very common in Germany and Switzerland, is not very successful. Based on a dynamic model of debtor behaviour, this paper explores two alternatives of reform. One is to reduce the rate of garnishment, which at present amounts to 100 percent of the wage income exceeding a defined subsistence level, thus probably destroying incentives to work. According to model simulations, reducing the rate of garnishment is likely to result in an increase of labour supply but a decrease of garnishment revenue per period. Second, the introduction of a debt release as it exists in the United States would have an ambiguous effect on labour supply. While providing debtors with a fresh start, it would result a partial loss for creditors. A Pareto improvement thus does not seem to be possible. When taxpayers as an involved third party are taken into account, however, a potential Pareto improvement appears attainable through debt release.     

From Corporatism to Lobbyism? — Parliaments,Executives, and Organized Interests in Denmark and Norway

The integration of organized interests into the formation and implementation of public policies is a core institutional trait of the Scandinavian countries. However, significant changes have taken place in the relations between organized interests and public authorities in Denmark and Norway during the last two decades. The use of traditional corporatist structures of interest intermediation has been reduced in favor of a corresponding increase in lobbyism. At the same time a marked increase in the frequency and intensity of contacts between organized interests and parliamentary actors has taken place. The shift in focus mirrors the increasing role played by the two parliaments in public policy formation and a less positive assessment of the outcomes of strongly institutionalized corporatist policy making by administrative decision makers.     

Competition and Contracting in the Transition from CCT to Best Value: Towards a More Reflexive Regulation?

Following publication of the government’s proposals for a statutory framework of Best Value, and the introduction of regulations increasing the flexibility of CCT pending its abolition, this paper examines the relationship between the compulsory regime and its likely successor. First, the paper suggests that the Best Value frame-work is likely to impose a range of regulatory, monitoring and enforcement constraints similar in effect to the formal requirements that operate under CCT. Continuity with Conservative policy will be reinforced practically through transitional arrangements for the gradual abolition of CCT and the phased introduction of its replacement. Second, the paper argues that contracting is likely to continue to have a significant role under the new regime as the natural adjunct to the voluntary competitive processes that will be the preferred management tools for securing improvements in service performance. Open tendering and public-private sector partnership arrangements, both of which imply contractual governance, are given explicit priority in the consultation document over benchmarking, performance indicators and other comparative public management mechanisms. Third, the paper argues that local authorities are likely to want to retain and develop contracting arrangements that potentially permit a degree of control over service provision that might not be available were more radical service-providing alternatives to be adopted, involving the complete transfer of functions outside the public sector and/or their vesting in independent companies. Finally, the paper assesses the transition from CCT to Best Value from the theoretical perspective of responsive and reflexive regulation. Following a brief account of the reflexive failures of CCT, the paper argues that, although the Best Value framework is characterized by inherently reflexive processes involving self-review, consultation and standard-setting, its relative success is likely to depend ultimately both on the tightness with which legislation is drafted and on the manner of its practical interpretation, implementation and enforcement.     

Forecasting the 2013 German Bundestag Election Using Many Polls and Historical Election Results

This article reports on an attempt to forecast the outcome of the 2013 election to the German Bundestag. In contrast to the predominant academic approach to forecast incumbent vote shares from measures of government popularity, economic conditions and other fundamental variables, we entirely relied on data from published trial heat polls. Opposite to common practice in the news media, we did not take isolated polls as election forecasts in their own right. Instead, we used historical data to assess empirically the relationship between polls and election outcomes, and combined extrapolations from current polls in a Bayesian manner. The forecast was published one month ahead of the election. The retrospective evaluation of our method was added after the election. While our method is parsimonious and provides a large lead time, the performance at the 2013 election was underwhelming. We offer additional suggestions how the approach can be improved in future scenarios.     

Coping with stress through the microcosms of home and family among arctic whalers and explorers

The essay examines an aspect of family life that has been ignored by many researchers: the role of representations of family and home for men whose work requires prolonged periods of separation and distance. Content analysis of diaries and correspondence (primarily written during the nineteenth and early twentieth centuries) shows that Arctic explorers and whalers engaged in activities reminiscent of those popular at home. We hypothesize that such activities may have helped the men to bear with an environment characterized by danger, discomfort, uncertainty, remoteness, isolation, and lack of privacy. Constructing these microcosms also engaged the crews' creativity and energy in relieving long stretches of unfilled time, and may have prepared them for a smoother re-integration upon their return home. The diaries and letters also expressed the voyagers' longings for their family and their developing of surrogate emotional ties with their ships and shipmates.