Book reviews

Handbook of Legal Information Retrieval Edited by J Bing, Norwegian Research Centre for Computers and Law, Oslo, in co‐operation with T Fjeldvig, T Harvold and R Svoboda North‐Holland 1984, US $96.25

Information Technology: The Challenge to Copyright. James Lahore, Gerald Dworkin and Yvonne Smyth Sweet & Maxwell and The Centre for Commercial Law Studies 1984, £12.00

Data Processing and the Law Edited by Colin Campbell Sweet and Maxwell 1984, £20.00

Le droit des Contrats Informatiques — Principes — Applications Centre de Recherches informatique et droit des Facultes Universitaires de Namur Maison Ferdinand Larder (Brussels), 1983, 45 FB

Computer Insecurity Adrian R.D. Norman Chapman and Hall 1983, £14.95

The Data Protection Act Richard Sizer and Philip Newman Gower Publishing, 1984, £16.95

The Data Protection Act 1984 Professor Bryan Niblett Oyez Longman Publishing, 1984, £18.00

The Data Protection Act 1984 — A Guide to the New Legislation J. A. L. Sterling CCH Editions, 1984, £15.00

Privacy and Data Protection — An International Bibliography Professor David H. Flaherty Mansell Publishing, 1984, £23.50

Computer Contracts R Morgan & G Stedman Oyez Longman Publishing 1984, 2nd Edition, £27.50

Computer Contracts Handbook Michele Rennie Sweet & Maxwell 1984, £15.00

Computer Contracts — An International Guide to Agreements and Software Protection Hilary Pearson Financial training 1984, £14.95     

Civil Society,Populism and Liberalism

This paper considers the threats that various kinds of populism might be said to pose to the ideal of a civil society that mediates between ‘private’ and family life and the state. Although it is difficult to generalise about populisms, just about all—whether on left or right—share a hostility to ‘intermediate’ powers. Of course civil society is exactly what could be called a forum for intermediate powers. In contrast, populists often tend to emphasise a vision of immediate power in the sense of the possibility of the direct expression of the people’s will in political institutions. Populists, of whatever pitch, often tend to invoke a partisan state that will be on the side of the people (however defined) rather than a putatively neutral ‘liberal’ state that stands over and against civil society. These factors make most populisms more or less generically hostile to liberalism, understood not in ideological terms but more as a doctrine which emphasises the necessity of mediating power through institutions. Very often, populism is a threat to the idea of civil society understood as a concept integral to liberal political theory, as a means of balancing the state and its wider interlocutors. In this paper, various means, largely inspired by the writings of Tocqueville on the one hand and Paul Hirst on the other, are suggested for addressing aspects of this predicament.

     

Stuck in the Middle: Taiwan's Semiconductor Industry,the U.S.-China Tech Fight,and Cross-Strait Stability

The Trump administration has worked to restrict the People's Republic of China's ability to manufacture and acquire semiconductor chips since 2018. Caught in the crossfire of this burgeoning tech war is Taiwan, which is home to Taiwan Semiconductor Manufacturing Company (TSMC), the world's largest semiconductor chip manufacturer. With the United States banning companies that use U.S. technology in their chip manufacturing process from doing business with Huawei, TSMC can no longer do business with the Chinese tech company, one of its most important clients. Until the Trump administration announced the license restriction on Huawei, TSMC had managed to walk the fine line of doing business with both China and the United States, without riling either. This article argues that the TSMC example is indicative of how great power competition between the two countries will play out for the foreseeable future. TSMC has announced that it will build a new factory in Arizona as it faces Chinese firms poaching its employees and Chinese actors hacking its systems and code for trade secrets—all actions demonstrating how great power competition will play out for tech dominance. Avoiding direct live-fire conflict, China and the United States will work to restrict the other's actions and development by forcing important tech companies, such as TSMC, into picking a side.     

Underlying patterns in a current economic development model

Public officials may subjectively use a variety of elements, including economic characteristics and political considerations, in their selection of locations and allocation of resources for economic development. Policy capture is a method that determines the impartial weighting of a broad number of elements which influence these decision makers as they operationalize programs. Non-political criteria that may influence the selection of sites for local economic development provide the basis of the analysis conducted in this paper. Public officials at various levels of responsibility assessed the chances of creating jobs for disadvantaged residents (employment success) for a variety of hypothetical areas chosen as an enterprise zone. Their responses give insight into policy decisions. There is a comparison of both individual responses and groups of respondents to the hypothetical data as well as to actual zones that were recently selected. Concluding remarks will discuss these results and the application of this method for enterprise zones and other policy analyses.We wish to acknowledge the extensive helpful suggestions of the editor and two anonymous reviewers.     

Prudential Assurance Co. Ltd. v. London Residuary Body — The end of pragmatism or the beginning of reason?

Conclusion Whilst Lord Templeman seemed satisfied with the result of the decision in thePrudential case, Lord Browne-Wilkinson did not share his view. He said that the outcome of the case was unsatisfactory and did not accord with the agreement of the parties. He said No one has produced any satisfactory rationale for the genesis of this rule. No one has been able to point to any useful purpose that it serves at the present day and he urged the Law Commission to examine whether the rule should continue to operate in English law.The genesis of the rule was, it seems, satisfactorily described by Lord Templeman and its usefulness lies in the fact that it imposes a degree of certainty and reliability on the parties. Each knows from the outset what they have contracted for. Its failing lies in the fact that its operation, as Russell L.J. rightly pointed out, leads to a freely negotiated bargain being defeated. If the Law Commission does examine the rule then clearly the central issue will be the balancing of these two principles and which is to be given effect to. If the law wishes to see certainty and reliability in this area, then Lord Templeman's decision is undoubtedly welcome since the law was clearly in a state of flux and confusion before the case.     

Reviews

Orlando Figes, A People's Tragedy: The Russian Revolution 1891–1924. London: Jonathan Cape, 1996, xx + 923 pp., £25.00

Hafeez Malik (ed.), The Roles of the United States, Russia and China in the New World Order. Basingstoke: Macmillan, 1997, xvi + 333 pp., £47.50.

Leszek Buszynski, Russian Foreign Policy after the Cold War. Westport and London: Praeger, 1996, xiv + 243 pp., £46.95.

Mette Skak, From Empire to Anarchy: Postcommunist Foreign Policy and International Relations. London: C. Hurst & Company, 1996, x + 340 pp., £35.00 h/b, £14.95 p/b.

Hans von Zon, The Future of Industry in Central and Eastern Europe. Aldershot: Avebury, 1996, x + 164 pp., £35.00.

Bartlomiej Kaminski (ed.), Economic Transition in Russia and the New States of Eurasia. Armonk, New York: M.E. Sharpe, 1996, xviii + 430 pp.

Ben Fowkes, The Disintegration of the Soviet Union: A Study in the Rise and Triumph of Nationalism. Basingstoke: Macmillan, 1997, xii + 273 pp., £40.00

Juan J. Linz & Alfred Stepan, Problems of Democratic Transition and Consolidation. Southern Europe, South America, and Post‐Communist Europe. London: The Johns Hopkins University Press, 1996, xx + 479 pp., £15.50.

David Lane, The Rise and Fall of State Socialism. Cambridge: Polity Press, 1996, 233 pp., £12.95.

Reneo Lukic & Allen Lynch, Europe from the Balkans to the Urals: The Disintegration of Yugoslavia and the Soviet Union. Oxford: Oxford University Press, 1996, xvii + 436 pp.

Thomas Cushman & Stjepan G. Mestrovic (eds), This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press, 1996, ix + 412 pp., $50.00 h/b, $18.95 p/b.

Derek Hall & Darrick Danta (eds), Reconstructing the Balkans. A Geography of the New Southeast Europe. Chichester: John Wiley & Sons, 1996, xx + 260 pp., £45.00.

Ajay Patnaik. Central Asia. Between Modernity and Tradition. New Delhi: Konark Publishers, 1996, viii + 238 pp.

Rudolf L. Tokes, Hungary's Negotiated Revolution: Economic Reform, Social Change and Political Succession, 1957–1990. Cambridge: Cambridge University Press, 1996, xxiii + 544 pp., £19.95.

John D. H. Downing, Internationalizing Media Theory, Transition, Power, Culture, Reflections on Media in Russia, Poland and Hungary 1980–95. London: Sage, 1996, xviii + 269 pp., £45.00 h/b, £13.95 p/b.

Rogers Brubaker, Nationalism Reframed: Nationhood and the National Question in the New Europe. Cambridge: Cambridge University Press, 1996, xi + 202 pp., £35.00 h/b, £12.95 p/b.

Donald P. Steury (ed.), Intentions and Capabilities: Estimates on Soviet Strategic Forces, 1950–1983. Washington DC: Center for the Study of Intelligence, 1996, xxii + 504 pp.

R. W. Davies, Crisis and Progress in the Soviet Economy, 1931–1933. Basingstoke: Macmillan, 1996, xviii + 612 pp., £65.00.

William Chase, Jeffrey Burds, S. V. Praslova, A. K. Sokolov & E. A. Tiurina (eds), Russian Stale Archive of the Economy: A Research Guide: I. Guide to Collections. Moscow: Blagovest, 1994, xx + 679 pp.

V. P. Butt, A. B. Murphy, N. A. Myshov & G. R. Swain (eds), The Russian Civil War. Documents from the Soviet Archives. London: Macmillan, 1996, xvii + 217 pp., £15.99.

Ilya Somin, Stillborn Crusade: The Tragic Failure of Western Intervention in the Russian Civil War, 1918–1920. New Brunswick, NJ: Transaction Publishers, 1996, ix + 236 pp., £21.95, $32.99.

David R. Shearer, Industry, State, and Society in Stalin's Russia, 1926–1934. Ithaca: Cornell University Press, 1996, xiv + 263 pp., £33.50 h/b, £14.95 p/b.

Peter H. Solomon Jr., Soviet Criminal Justice under Stalin. Cambridge: Cambridge University Press, 1997, xvii + 494 pp., £55.00 h/b, £19.95 p/b.

Richard G. Hovannisian, The Republic of Armenia, Volume III, From London to Sèvres, February‐August 1920, xx + 534 pp., and Volume IV, Between Crescent and Sickle: Partition and Sovietization, xii + 496 pp. Berkeley, University of California Press, 1996. £35.00 each volume.

Ian D. Thatcher & James D. White (eds), Journal of Trotsky Studies. Glasgow: Institute of Russian & East European Studies, 1993–1996, Nos. 1–4, £10.00 (Institutions), £5.00 (Individuals).

Mikhail Baitalsky, Notebooks for the Grandchildren. Recollections of a Trotskyist Who Survived the Stalin Terror, Edited and translated by Marilyn Vogt‐Downey. Atlantic Highlands, New Jersey, 1996, xviii + 447 pp.

Leopoldina Plut‐Pregelj & Carole Rogel, Historical Dictionary of Slovenia. London: The Scarecrow Press, Inc, 1996, xxvii + 345 pp., £63.65.     

The MacArthur Treatment Competence Study. II

This article reports the development and psychometric properties of three standardized and objectively scored measures, the MacArthur Treatment Competence Research Instruments. They were designed to assess abilities related conceptually to four legal standards for competence to consent to treatment: understanding, appreciation, rational manipulation (reasoning), and expressing a choice. Scoring reliability, internal consistency, intertest correlations, and test-retest correlations were examined with data from samples of hospitalized patients with schizophrenia, major depression, and ischemic heart disease, as well as matched non-ill community samples. The results indicate very good interscorer reliability and provide guidance for the use of the instruments and interpretation of their results in future research on patients' decisional abilities in treatment contexts.