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.     

Discovering the Dark Side of Power: The Principal’s Moral Hazard in Political-Bureaucratic Relations

Principal agent (PA) is among the most prominent concepts for analyzing the relationship between politics and bureaucracy. Nonethelesss, the inherent bias of PA scholars to attribute moral hazard almost exclusively to the agent, usually referred to as “bureaucratic drift”, requires re-examination. Building on the spare literature in which moral hazard of the principal is considered, this paper provides empirical evidence for a neglected aspect of the PA concept. Three cases of German regulatory agencies responsible for drug control, financial services and rail safety are analyzed in critical situations which were largely perceived as bureaucratic failures. The analysis reveals that a good deal of these failures, ranging from negligence to suppressing crucial information, has to be attributed to the political principal. This is called the dark side of power because the intention is to shift blame or to dodge political responsibility. Turning conventional PA reasoning upside down, the conclusion is that the principal’s moral hazard should be considered more routinely as a potential explanation for political-bureaucratic interactions.     

Ukraine's ancient matriarch as a topos in constructing a feminine identity

In 1991, Ukrainian independence opened an important theoretical channel for debating the status of its women. The people's collective memory of an ancient matriarchy generated a neo-matriarchal mythology which has been transformed into a delusional ideology that legitimizes female subordination, in the name of her alleged empowerment. Fieldwork in Ukraine – annual visits, including travel from one end of the country to another in official capacities, and many extended stays in Ukraine, as a scholar, researcher, educator and participant in key events, provided opportunities for exchanging views with countless people from many walks of life throughout the country. Participation in a host of programs – television ‘specials’ on gender, seminars, retreats, workshops and conferences, designed to raise the consciousness of women and men alike – provided an array of opportunities to observe at first hand the way that today's women construct individual identity. Extensive research in the press (many runs of daily newspapers, including Den’, in Kyiv, and Vysoky Zamok in Lviv, and women's journals such as the widely read Zhinka, among others) added further insights. Television viewing, popular publications collected habitually during my numerous visits to Ukraine, copies of documents contributed by my Ukrainian friends and colleagues, outdoor advertising, posters and intimate gatherings at the homes of likeminded women, all played a part in the formation of my impressions of Ukrainian women's inferior status. In this paper I use my findings to explore the conflicting discourses on women's alleged empowerment, and the essentialist constraints on their self-realization, together with measures adopted to date on changing gender stereotypes and promoting equal rights and opportunities.     

The power of international criminal courts: Strategic behavior and accountability networks

International criminal courts are often given mandates without the authority or resources to enforce those directives. Given this, how do they achieve their objectives? We argue that in the case of the International Criminal Tribunal for the former Yugoslavia (ICTY), the court strategically developed an accountability network comprised of governmental and nongovernmental actors, using its expertise and position to provide information and a framework of accountability. Simultaneously, it reached out to a range of actors to ensure that governments and international organizations would push Balkan states to cooperate with the ICTY, thereby amplifying the court's power. Utilizing correspondence data, we create a unique dataset that traces the development of this accountability network, demonstrating how this institution engaged networks to pursue its goals. In general, we demonstrate that, although institutions may lack compulsory power, they can engage in strategic behavior using networks to project their productive power.     

The Two-Way Street: Government Shaping of Community-Based Advocacy

The interaction between government and community-based advocacy organisations is becoming complex and highly structured. While some analysts seek to explain such interplay within neo-Marxist or public choice frameworks, we argue the relationship is best understood as a two-way street, full of tensions but neither a conspiracy against the public interest nor part of a larger design to deradicalise social movements. Drawing on a wide range of Australian examples, but focusing in particular on peak women's and ethnic communities' organisations, we explore how social movements have been able to exert independent influence on the policy agenda.     

From motherhood to sisterhood: Attitudes of australian women MPs to their roles

Women have entered Australian parliaments in increasing numbers over the past decade and now form over 9 per cent of MPs. Whether their presence will make any difference to the public agenda depends largely on how they view their roles and accountabilities. This study, based on survey and other evidence, suggests that Australian women MPs fall largely into three categories. termed here mothers, individualists and sisters. Historically the first women to enter parliaments were the mothers, and today there are still a number of women MPs who see their primary responsibility as defending the home and family. During the 1960s the individualists appeared, who believed that gender should be irrelevant in politics. Today, by far the largest group of women in Australian parliaments are the sisters, with a feminist orientation towards their roles. Their impact on the public agenda, in particular the setting up of mechanisms for monitoring the differential impact of public policy on women and men is summarised. While these women have indeed made a difference, they are still largely excluded from key economic policy-making arenas. This in turn has undermined some of the legislative and policy gains which have been made. The lack of bipartisanship on status of women issues also threatens the long-term future of feminist achievements.