Explaining “Pain and Suffering” Awards: The Role of Injury Characteristics and Fault Attributions

The present research explored factors thought to affect compensatory awards for non-economic ham (pain and suffering) in personal injury cases. Experiment 1 showed that the nature and severity of the plaintiffs injury had a strong effect on perceptions of the extent of harm suffered and on award amounts. The parties' relatively active or passive roles in causing the injury affected assessments of their degree of fault, but perceived fault had little influence on awards. Experiment 2 replicated with more varied cases the strong impact of injury severity on harm perception and on awards for pain and suffering. In both studies, the disability and the mental suffering associated with injuries were stronger predictors of awards than were pain and disfigurement.     

Reviews

Stephen Sestanovich (ed.), Rethinking Russia's National Interests. Washington, DC: Center for Strategic & International Studies, 1994, xii + 115pp., $14.95 p/b.

Neil Malcolm, (ed.), Russia and Europe: An End to Confrontation? London and New York: Pinter Publishers, for The Royal Institute of International Affairs, London, 1994, xi + 240pp., £35.00.

Douglas W. Blum (ed.), Russia's Future: Consolidation or Disintegration? Boulder, CO, San Francisco, CA & Oxford: Westview Press, 1994, 173pp., £33.50 h/b, £9.95 p/b.

Lynn D. Nelson & Irina Y. Kuzes, Property to the People. The Struggle for Radical Economic Reform in Russia. New York and London: M. E. Sharpe, 1994, xi + 268 pp., £48.00 h/b, £16.00 p/b.

Richard F. Kaufman & John P. Hardt (eds) for the Joint Economic Committee, Congress of the United States, The Former Soviet Union in Transition. Armonk, NY, York and London: M. E. Sharpe, 1993, xxiv + 1222pp.

Michael Jakobson, Origins of the Gulag. The Soviet Prison Camp System 1917–1934. Lexington, KY: The University Press of Kentucky, 1993, xiv+ 176pp., $28.00.

Paul R. Gregory, Before Command: An Economic History of Russia from Emancipation to the First Five‐Year Plan. Princeton; NJ: Princeton University Press, 1994, viii + 188pp., £30.00.

Helene Seppain, Contrasting US and German Attitudes to Soviet Trade, 1917–91. Politics by Economic Means. New York & Basingstoke: St Martin's Press and Macmillan, 1992, xiv + 349pp.

Graham Smith (ed.), The Baltic States: The National Self‐determination of Estonia, Latvia and Lithuania. London: The MacMillan Press Ltd, 1994, xii + 214pp., £40.00.

Jan Zaprudnik, Belarus: At a Crossroads in History. Boulder, CO: Westview Press, 1992, xxiii + 278pp., £11.95 p/b.

Dirk Kretzschmar, Die Sowjetische Kulturpolitik 1970–1985. Bochum: Universitatsverlag Dr N. Brockmeyer, 1993, xxvi + 873pp., DM89.80.

Jan Kubik, The Power of Symbols against the Symbols of Power; The Rise of Solidarity and the Fall of State Socialism in Poland. Pennsylvania, PA: University of Pennsylvania Press, 1994, xiv + 322pp., £38.00 h/b, £13.95 p/b.

Ljerka Fulgosi & Vlasta Vince‐Ribaric (eds), Hundred Testimonies: The Moving Accounts of Croatian Displaced Persons and War Prisoners. Zagreb: Society of Croatian Professional Women and INA Consulting, 1994, 196pp., $20.00.

Theodor Bergman, Gert Schaefer & Mark Seldon (eds), Bukharin in Retrospect. New York: M. E. Sharpe, 1994, xxv +251pp.     

Testing the limits of freedom of contract: the commercialization of reproductive materials and services

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible--exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material--and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that complete reconciliation is impossible. Taken together, these principles are designed to reflect a strategy of "constrained commodification," where commercialization or commodification, that is, financial remuneration, plays a relatively neutral role in the utilization of reproductive materials and services. In light of these principles, the article concludes by sketching legal and regulatory regimes with respect to the exchange of gametes and zygotes, gestational services, and fetal tissue.     

Ethos,ideology, and partisanship: Exploring the paradox of conservative democrats

Despite the increasingly liberal cast of the national Democratic Party, self-identified conservatives continue to represent a significant segment of the party. At least 25 percent of Democratic identifiers considered themselves to be conservatives during the 1972–1988 period. This paper explores the puzzle of why significant numbers of political conservatives continue to identify with the Democratic Party. We argue that conservative Democrats relate to their party not because of political ideology, as do Republicans and to a lesser extent, liberal/moderate Democrats, but because of the symbolic values associated with the main groups in the party—what we refer to as party ethos. This proposition is examined by analyzing a new set of open-ended questions included in the 1988 American National Election Study probing citizens' images and assessments of the Republican and Democratic parties.The data utilized in this paper were made available by the Inter-university Consortium for Political and Social Research. The data forAmerican National Election Study 1988: Pre- and Post-Election Survey were originally collected by Warren E. Miller and the National Election Studies. Neither the collector of the original data nor the Consortium bears any responsibility for the analyses or interpretations presented here.     

Book reviews

Marju Lauristin and Peeter Vihalemm with Karl Erik Rosengren and Lennart Weibull, Return to the Western World. Cultural and Political Perspectives on the Estonian Post‐communist Transition (Tartu University Press, Tartu, 1997), xvi +387 pp., ISBN 9985–56–257–7

Peter H. Merkl and Leonard Weinberg (eds), The Revival of Right‐wing Extremism in the Nineties (Frank Cass, London, 1997), 289 pp., ISBN 0 7146 4676 8 (hb), 0 7146 4207 X (pb)

Arthur Lipow, Political Parties and Democracy (Pluto, London, 1996), 256 pp., ISBN 0 7453 1099 0 (hb), 0 7453 1098 2 (pb)

Gerald F. Gaus, Justificatory Liberalism: An Essay on Epistemology and Political Theory (Oxford University Press, Oxford, 1996), ix + 374 pp., ISBN 0–19–509439–5 (hb), 0–19–509440–9 (pb)

Mark T. Berger and Douglas A. Borer (eds), The Rise of East Asia: Critical Visions of the Pacific Century (Routledge, London, 1997), 308 pp., ISBN 0–415–16167–3 (hb), 0–415–16168–1 (pb)

Paul Anderson and Nyta Mann, Safety First: The Making of New Labour (Granta, London, 1997), 456 pp., ISBN 1–86207–070–9     

Getting to the Table in Oslo: Driving Forces and Channel Factors

Using the secret Middle East peace talks in Oslo, Norway as a case example, the authors develop a conceptual framework for analyzing prenegotiation processes in negotiation. The framework focuses on understanding changes in the balance of geopolitical, internal, political, and group psychological forces that lead parties to negotiate. The framework also highlights the importance of channel factors, such as the use of unofficial representatives, small-state sponsorship, co-mediation, secret diplomacy, and staged agreements. Although developed with reference to the Oslo peace process, the authors believe this framework has broader applicability to the analysis of prenegotiation processes in international and ethnic disputes and other situations of protracted conflict. They conclude with a series of questions for future prenegotiation research.