Bargaining Power, Political Transaction Costs and Institutional Change: Private and Public Dental Care in Denmark1

Rational choice institutionalism underexposes institutional change as well as the interaction between institutions at different levels, and this article therefore investigates national and local institutional change. In the Danish dental care sector private and public provision of services have coexisted since the establishment of a publicly financed dental health care system, and the fight between supporters of the two solutions has generated many institutional changes, both nationally and locally. This article analyses all Danish parliamentary proposals and local decisions regarding dental care coverage and provision. The general finding is that increasing pro-public bargaining power seems to promote higher coverage and public provision, while increasing pro-private bargaining power leads to stable coverage and private provision. The institutions do not, however, change whenever bargaining power changes, and national institutional change does not necessarily result in local change. The article explains this in terms of political transaction costs. These costs might also explain why national institutions change more often than local ones, and why local pro-public changes are faster and more frequent than local pro-private changes.     

On the Critique of Negotiated Economy

A critical debate on the concept of negotiated economy has to start from a mutual recognition of fundamental methodological and epistemological differences between the various research positions in the field. In reply to a recent critical comment by P. M. Christiansen on our use of the concept of negotiated economy, we argue that Christiansen not only mispresents our theoretical, empirical, and critical ambitions; most importantly, he also fails to grasp the basic methodological differences between our constructivist strategy of institutional analysis, and the more conventional non-constructivist approach that he propagates.     

Emissionshandel für NOx und SO2 im EU-Recht Ein Beitrag zur übertragbarkeit des Systems der RL 2003/87 auf (andere) Luftschadstoffe

Derzeit wird – im Anschluss an entsprechende Vorarbeiten bzw. Vorschl?ge der Kommission – diskutiert, ob auf EU-Ebene ein Emissionshandel für NO_x (Stickstoffoxide) und SO₂ (Schwefeldioxid) eingeführt werden soll, dies nach dem Vorbild des aufgrund der RL 2003/87 bestehenden Emissionshandels für Treibhausgase. Der nachfolgende Beitrag geht der m?glichen Ausgestaltung eines solchen Systems nach und zeigt die Probleme auf, die eine Integration eines solchen Emissionshandels in das System des unionsrechtlichen Luftreinhalterechts mit sich br?chte. Besonderes Augenmerk wird auf die Frage gelegt, ob und ggf. auf welche Weise auch im Rahmen eines derartigen Systems eine effektive Luftreinhaltung (auch auf lokaler und regionaler Ebene) sichergestellt werden kann, inwieweit sich Friktionen mit ausgew?hlten unionsrechtlichen Rechtsakten erg?ben und auf welche Weise diese angepasst werden k?nnten.     

Part One of the Employment Act 2008: 'Better' Dispute Resolution?

This article will analyse Part One of the Employment Act 2008on employment dispute resolution and in particular the repealof the statutory workplace dispute resolution procedures onlyfour years after Regulations implemented them. It will beginby considering the background of increasing tribunal caseloadthat led to their introduction in the first place. Later sectionswill examine the replacement of these statutory procedures withwhat Ministers described as the triple package of a new AdvisoryConciliation and Arbitration Service (‘ACAS’) helpline,increased ACAS conciliation and a revised ACAS Code. The languageof repeal and the Act's reintroduction of the Polkey line ofcases might suggest that dismissal law is merely reverting backto its pre October 2004 position. This article will, however,conclude that Part One does not just ‘simplify’dismissal law, or ‘return’ the law to September2004 or indeed to any other time frame. Instead, it weakenskey procedural protections for employees potentially by conflatingthe 2002 Act's different tests of ‘automatically’unfair and ‘ordinarily’ unfair dismissals, for example.Lowering standards of procedural justice is significant in itselfbut this takes added importance for dismissed employees as tribunalsrarely investigate the substantive fairness of dismissals.     

Assessing treatment readiness in violent offenders

Although violent offenders are widely considered to be difficult to engage in therapeutic change, few methods of assessing treatment readiness currently exist. In this article the validation of a brief self-report measure designed to assess treatment readiness in offenders who have been referred to violent offender treatment programs is described. The measure, which is an adaptation of a general measure of treatment readiness developed in a previous work, displayed acceptable levels of convergent and discriminant validity and was able to successfully predict treatment engagement in violent offender treatment. These results suggest that the measure has utility in the assessment of treatment readiness in violent offenders.     

Torn between two targets: German police officers talk about the use of force

Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany, the article presents the results of an empirical study on the individual and collective legitimization of the use of force by German police officers. There are numerous justifications for the use of force expressed by focus group participants in eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups, reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence, the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur, although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions, it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They have different influences on the individual legitimization of police actions, intertwined with the perception of the situation as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification for the use of force.

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Electoral Trends in Denmark in the 1980's

The article examines the 1984 election in a longer time perspective. As compared to the turbulent 1970's it appears that the class polarization in voting between the 'old' classes has been reestablished but that the new social cleavages in party choice are at the same time reinforced. It furthermore turns out that the consensus on the welfare state which was lost in the 1970's is now reestablished, that radical socialist sentiments are weakening, and that the political distrust of the 1970's is declining. In shon, the elections of the 1980's signal a definitive break with the political climate of the 1970's. Opinion polls furthemore indicate that Denmark is heading towards a reestablishing of the 5-party system before 1973, but with differences in relative strength between the parties, and with a different, but still group-specific. social base.     

Treating handicapped newborns: suggestions for institutional policy

In October 1984 a conference of physicians and other health professionals, attorneys, members of the press, ethicists, and social scientists met at the State University of New York at Stony Brook to consider the medical, ethical, and social issues raised by the treatment of handicapped newborns. Presented here is a summary of guidelines for the implementation of their most important recommendation--the establishment of institutional policies concerning the internal decision making process regarding treatment and the procedures for sharing information about controversial cases with the public. The guidelines address the medical problems of diagnosis, prognosis, and clinical decision making; institutional responses to controversy within the institution and to the media and the public; and the composition and role of institutional review committees.