Principles,patient welfare and the Adults with Incapacity (Scotland) Act 2000

The law surrounding decision-making for adults who lose their capacity varies considerably internationally. In many cases legislation has taken a protective and consequently restrictive role for adults with incapacity and often the issue of capacity assessment within the appropriate legal framework is circumvented. In Scotland, the introduction of the Adults with Incapacity (Scotland) Act 2000 modernised that nation's approach to incapable adults. This article describes briefly the pre-2000 Act situation in Scotland, discusses the main provisions of the Act, reviews the use of principles in incapacity legislation in Britain, and discusses issues relating to patient welfare. The use of principles to extend patient autonomy into incapacity is demonstrated and compared with the English and Welsh Mental Capacity Act 2005 (the 2005 Act) through a discussion of how the principles in each of those Acts promotes particular ideologies of decision making. Finally, the article examines recent Scottish case law relating to the 2000 Act and discusses how the courts are currently interpreting the principles of the Act.     

The Women's Movement and ‘Class Struggle’: gender,class formation and political identity in women's strikes, 1968–78.

ABSTRACT

Women workers’ industrial disputes were of fundamental importance to the WLM, reflected in the deeds of activists and early participant-histories. These disputes were sites of worker-employer conflict and conflict between feminists and the wider Labour Movement. This article considers how these differing interpretations related to the striking women themselves. It focuses on four key disputes and analyses contemporary reports and the accounts of those involved. It argues women strikers' particular experiences of trade unionism, class politics and feminism resulted in gendered, but still fundamentally class-based, identities, and concludes by considering the position of women workers' industrial actions in feminist histories.     

Responsibility Attribution for Collective Decision Makers

We argue that individuals use responsibility attribution heuristics that apply to collective decisions made, for example, by families, teams within firms, boards in international organizations, or coalition governments. We conduct laboratory and online experiments to tease out the heuristics subjects use in their responsibility attribution for collective decision makers. The lab experiments comprise a collective dictator game in which decision makers have weighted votes and recipients can punish individual decision makers. Our results show that recipients punish unfair allocations and mainly target the decision maker with proposal power and with the largest vote share. We find weak evidence that decision makers with veto power are targeted or that recipients punish proportional to vote share. The online experiment demonstrates that subjects indeed believe that the decision maker with proposal power has the most influence on the collective decision outcome. We discuss the implications of our findings for theories of vote choice.     

‘Social Services will not touch us with a barge pole’: social care provision for older prisoners

Older prisoners are the fastest growing subgroup in the English and Welsh prison estate. Older prisoners have high levels of health and social care needs. This mixed-method study involved the distribution of a questionnaire examining the availability of health and social care services for older prisoners to all prisons housing adult males in England and Wales, followed by qualitative telephone interviews with representatives from eight prisons. Over half of establishments had some contact with external social care services, but reported significant difficulties in arranging the care for individuals. A professional lead for older prisoners had been identified in 81% of establishments; however, the value of this role to positively affect practice appeared questionable. Statutory social care was often non-existent in prison due to the lack of understanding of what it constituted and who was responsible for its provision.     

Curious Creatures

The Chinese love their pets. Little dogs,bird cages and animal markets at every turn demonstrate this devotion in the country’s capital.But I must ask:What kind of loving pet owner would dye a poodle in pink stripes? Or shave a chou to make it look like a lion? And     

Reforming campaign finance in the nineties: a case study of Spain

This paper analyzes the reforms of the Spanish electoral finance regulatory system during the nineties. We present a number of indexes to measure the impact of the reforms on parties and campaign spending. We also suggest a game theoretical model to explain why the two main parties agreed to support the legal changes in the nineties. A principal outcome of the reforms was to establish an effective limit to campaign expenses. In our view this would have not been feasible in the late seventies or eighties. Then the parties were trapped in a prisoner’s dilemma in which each party had to spend more in order to prevent other parties from gaining electoral advantage. But in the nineties the main parties, ridden with problems of soaring electoral debts and disgruntled voters, used the reform of political finance as a coordination device to achieve a Pareto efficient equilibrium.     

Voter perceptions of agenda power and attribution of responsibility for economic performance

In two recent experiments (one in the lab and one over the internet) concerning collective decision making we determined that individuals mainly assign responsibility to the decision maker with agenda power and with the largest vote share (Duch et al., 2012). We found rather weak evidence that responsibility is assigned to decision makers with veto power or allocated proportional to weighted voting power. Our conjecture then is that individuals in our online experiment who recognized the importance of proposal power in the embedded experiment will be those more likely to exercise an economic vote for the Conservative PM Party (since they are the agenda setter in the governing coalition) and for the opposition Labour Party. The conjecture is confirmed. Essentially, the data show that economic voting at the individual level is confined to individuals who understand the value of proposal power. This in turn suggests that the economic vote itself is motivated by a coherent attempt to punish or reward parties that actually deserve it in the specific sense that they were mostly responsible for choosing the policies that were implemented. Further, the strong reliance on proposal power as the workhorse of this mechanism of accountability, tells us that simple heuristics can do a lot of the work that cold rationality and complex calculation have done in much of the previous discussion of economic voting.