Reviews

Legal Marriage—who Needs it?: The Marriage Contract. By Lenore J. Weitzman. [New York: The Free Press. 1981. 536 pp. (incl. index) $17.95.] Legal Marriage—who Needs it?: Cohabitation Without Marriage. By Michael D. A. Freeman and Christina M. Lyon. [Aldershot, Hants.: Gower, 1983. 228 pp. (incl. index). £15.00.] Legal Marriage—who Needs it?: Unmarried Couples. By Winifred H. Holland. [Toronto: The Carswell Company. 1982. 249 pp. (incl. index) Can.$32.50.] Legal Marriage—who Needs it?: The Family Home. By W. T. Murphy and Hilary Clark. [London: Sweet and Maxwell. 1983. xxi and 229 pp. (incl. index) £6£95 (paperback).] Legal Marriage—who Needs it?: Fundamentals of Securities Regulation. By Louis Loss. [Boston and Toronto: Little Brown and Company. 1983. xxiii and 1353 pp. No price stated.] Legal Marriage—who Needs it?: Economic Realities and the Female Offender. By Jane Roberts Chapman. [Lexington, Massachusetts: Lexington Books. 1980. 234 pp. (incl. bibliog. and index). No price stated.] Legal Marriage—who Needs it?: Girl Delinquents. By Anne Campbell. [Oxford: Basil Blackwell. 1981. 266 pp. Paperback: £4-50.1 Legal Marriage—who Needs it?: The Analysis of Judicial Reform. Edited by Philip L. Dubois. [Lexington: D. C. Heath. 1982. xiv and 221 pp. £18·50.] Legal Marriage—who Needs it?: The Politics of Judicial Reform. Edited by Philip L. Dubois. [Lexington: D. C. Heath. 1982. xi and 187 pp. £18·50.] Legal Marriage—who Needs it?: Prosecution in the Public Interest. By Susan R. Moody and Jacqueline Tombs. [Edinburgh: Scottish Academic Press. 1982. xiii and 167 pp. £12·00.] Legal Marriage—who Needs it?: Free Speech: A Philosophical Inquiry. By Frederick Schauer. [Cambridge: Cambridge University Press. 1982. 237 pp. £ 20·00 (hardback) £6-50 (paperback).] Legal Marriage—who Needs it?: English Law and French Law. By René David. [Stevens/Eastern Law House. 1980. 195 pp. Hardback: £12·50.] Legal Marriage—who Needs it?: La Responsabilité Civile. By André Tunc. [Economica. 1981. 161 pp. Paperback: 65F.]     

REVIEWS

Book reviewed in this article: Tristram Hodgkinson, Expert Evidence: Law and Practice David Carson, Professionals and the Courts: A Handbook for Expert Witnesses S. Lee and M. Fox, Learning Legal Skills J.A. Holland and J.S. Webb, Learning Legal Rules     

Reviews

Joseph Raz, Ethics in the Public Domain Robert C. Palmer, English Law in the Age of the Black Death, 1348–1381: A Transformation of Governance and Law Brian Bix, Law, Language, and Legal Determinacy Ramsey Clark, The Fire This Time: US War Crimes in the Gulf Anthony I. Ogus, Regulation: Legal Form and Economic Theory Christopher Wadlow, The Law of Passing Off Robin Hollington, Minority Shareholders' Rights     

REVIEWS

Stephen Livingstone and Tim Owen, Prison Law: Text and Materials, Oxford Michael Forde, The Law of Company Insolvency, Dublin Nigel Maw, Lord Lane of Horsell and Sir Michael Craig-Cooper, Maw on Corporate Governance, Aldershot Nasser Arshadi and Thomas Eyssell, The Law and Finance of Corporate Insider Trading Philip I. Blumberg, The Multinational Challenge to Corporation Law: The Search for a New Corporate Personality A.B. Wilkinson and K. McK. Norrie, Parent and Child     

REVIEWS

Book reviewed in this article: John Cartwright, Unequal Bargaining: A Study of Vitiating Factors in the Formation of Contracts Andrei Marmor, Interpretation and Legal Theory Hugh Collins, Justice in Dismissal: The Law of Termination of Employment Robert Post (ed), Law and the Order of Culture     

Penal Law Among Socialist Countries

[Editor's Note: Dr. Erich Buchholz has been a regular contributor to this Journal since 1977. He is Dean of the Faculty of Law, Humboldt-Universitat Zu Berlin, German Democratic Republic (GDR), and also permanent member of the Presidency of the Council for Scientific Investigation of Legal Science at the Academy of Science of the GDR. He is also a member of the International Association of Penal Law. Dr. Bucholz has published many articles, chapters, and books not only in socialist nations but also in the West. Dr. Buchholz submitted a book-review article Le droit pénal comparé des pays socialistes, by Igor Andrejew, Paris 1981. Edition A. pedone, p. 162, which we translated to read “A Comparison of the Penal Law Among Socialist Countries.” The book-review article was further revised by the Journal's Associate Editor, Dr. Peter Zoller. Any reader who wishes to receive an original of the book-review should write to the Editorial Office.]     

Reviews

Ronald Dworkin, Life's Dominion: An Argument about Abortion and Euthanasia M. Sornarajah, The International Law of Foreign Investment Ian Loveland, Housing Homeless Persons: Administrative Law and the Administrative Process David A. Schum, The Evidential Foundations of Probabilistic Reasoning R.C. van Caenegem, An Historical Introduction to Western Constitutional Law Randall L. Erickson and Robert D. Morrison, Environmental Reports and Remediation Plans: Forensic and Legal Review     

Reviews

Anderson, Bruce ‘Discovery’ in Legal Decision-Making Unger, Roberto Mangabeira What Should Legal Analysis Become? Susskind, Richard The Future of Law: Facing the Challenges of Information Technology Cranston, Ross (ed.) Legal Ethics and Professional Responsibility Sohrab, Julia, A. Sexing the Benefit: Women, Social Security and Financial Independence in EC Sex Equality Law Morse, Geoffrey; Williams, David and Slater, David Davies: Principles of Tax Law Herget Contemporary German Legal Philosophy     

An Integrated Model of Legal and Moral Reasoning and Rule-Violating Behavior: The Role of Legal Attitudes

Legal socialization theory predicts that attitudes mediate the relation between legal reasoning and rule-violating behavior [Cohn, E. S., & White, S. O. (1990). Legal Socialization: A Study of Norms and Rules. New York: Springer-Verlag]. Moral development theory predicts that moral reasoning predicts rule-violating behavior directly as well as indirectly [Blasi, A. (1980). Bridging moral cognition and moral action: A critical review of the literature. Psychological Bulletin, 88, 1–45]. We present and test an integrated model of rule-violating behavior drawing on both theories in a longitudinal study of middle school and high school students. Students completed questionnaires three times during the course of 1 year at 6-month intervals. Legal and moral reasoning, legal attitudes, and rule-violating behavior were measured at times one, two, and three respectively. Structural equation models revealed that while moral and legal reasoning were directly and indirectly related to rule-violating behavior among high school students, legal reasoning bore no direct relation to rule-violating behavior among middle school students. The implications for an integrated model of reasoning and rule-violating behavior are discussed.     

Book Reviews

Yves Dezalay and Bryant G. Garth Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order Oliver E. Williamson The Mechanisms of Governance Margaret Thornton Dissonance and Distrust: Women in the Legal Profession Philip A. Thomas (ed.) Socio-Legal Studies Michael King A Better World for Children? Explorations in Morality and Authority Judith Allsop and Linda Mulcahy Regulating Medical Work: Formal and Informal Controls Philip Pettit Republicanism: A Theory of Freedom and Government Richard L. Abel Politics by Other Means. Law in the Struggle against Apartheid, 1980–1994     

REVIEW

Christopher Jones and F. Enrique Gonzalez-Diaz, ed Colin Overbury, The EEC Merger Regulation Joanne Conaghan and Wade Mansell, The Wrongs of Tort E. R. Hardy Ivumy (ed), Mozley & Whiteley's Law Dictionary William McCurthy (ed), Legal Intervention in Industrial Relations Brian W. Harvey, Violin Fraud: Deception, Forgery, Theft and the Law John Bell, French Constitutional Law Peter Birks, Restitution – The Future, Sydney Andrew Burrows, The Law of Restitution Gillian Davies and Michele Hung, Music and Video Private Copying: An International Survey of the Problem and the Law     

The Racial Construction of Urban Spaces in Britain and Pakistan

This paper details the articulations of a sample of South Asian Muslims from Lancashire, UK, and Karachi, Pakistan, in relation to their construction of the urban space in which they reside. In particular, theories of how urban spaces are ‘racially constructed’ and the impact of this on our understanding of racial and politically motivated violence are examined. The findings are part of a broader study which provided a comparative evaluation of the experiences of crime amongst two Muslim communities in the UK and Pakistan (Quraishi, Muslims and crime: A comparative study. Aldershot: Ashgate, 2005). The theoretical inspiration for this paper originates from the writings of Chicago School scholars such as Park, but more specifically from the works of Webster, Hesse et al. and Keith, who each explore the dynamic relationships between urban space, racial identity and victimization (Park, The nature of race relations. Chapter 7 in L. Back, J. Solomos (Eds.), Theories of race and Racism. London: Routledge, 1950; Webster, Youth crime, victimization and harassment. The Keighley crime survey. A paper in community studies no.7. centre Research. Department of Applied and community studies, Bradford and Ilkley Community College, 1994; Webster, Local heroes: Racial violence among asian and young people. Leicester: Leicester University, 1997; Hesse,et al Beneath the surface: Racial harassment. Avebury: Aldershot, 1992; Keith, Identity and the spaces of authenticity. Chapter 35 in L. Back, J. Solomos (Eds), Theories of race and racism. London: Routledge, 2004) The paper evaluates the construction of certain ‘no-go’ zones in the UK and Pakistan as perceived by Muslims. The comparative dimension enables an exploration of the divergence and convergence of processes accountable for a racially constructed interpretation of urban environments (Alexander, The asian gang: Ethnicity, Identity. Masculinity. Oxford: Berg, 2000; Desai, Spaces of identity, cultures of conflict: The development of new asian identities, Ph.D. dissertation, Goldsmiths’ college, University of London. In B. Bowling, C. Philips (2000) Racism, crime & theoutsiders. London: Longman/Pearson, 1998). Such processes are contextualized against the broader experiences of social exclusion, victimization and racism experienced by Muslim youth in everyday life (Quraishi, Muslims and crime: A comparative study. Aldershot: Ashgate, 2005; Spalek, Islam, crime and criminal justice. London: Willan, 2002; Spalek, Muslims in the UK and the criminal justice system. Chapter 4 in open society institute (Eds.), Muslims in the UK: Policies for Engaged citizens.OSI/EU Monitoring & Advocacy Programme. Hungary, Budapest & New York, 2005).

REVIEWS

R. L. Abel: The Legal Profession in England and Wales J. Pritchard: The Legal Five Hundred J. Slinn: A History of Freshfields J. Slinn: Linklaters and Paines: The First One Hundred and Fifty Years Michel Fromont and Alfred Rieg: Introduction au droit allemand, République Féderale, Tom II, Droit Public — Droit Pénal M. J. Detmold: Courts and Administrators: A Study in Jurisprudence The Spycatcher Cases edited by Michael Fysh Q.C.     

Courts and New Democracies: Recent Works

Recent literature on comparative judicial politics reveals a variety of roles that courts adopt in the process of democratization. These include, very rarely, serving as a trigger for democratization and, more commonly, serving as downstream guarantor for departing autocrats or as downstream consolidator of democracy. In light of these roles, this article reviews six relatively recent books: Courts in Latin America, edited by Helmke and Rios‐Figueroa (2011 ); Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile, by Hilbink (2007 ); Cultures of Legality: Judicialization and Political Activism in Latin America, edited by Couso, Huneeus, and Sieder (2011 ); The Legacies of Law: Long‐Run Consequences of Legal Development in South Africa, 1652–2000, by Meierhenrich (2008 ); Judging Russia: Constitutional Court in Russian Politics 1990–2006, by Trochev (2008 ); and New Courts in Asia, edited by Harding and Nicholson (2010 ).     

REVIEW

Joxerrumon Bengoetxeu, The Legal Reasoning of the European Court of Justice Andrew Grubb (ed), Choices and Decisions in Health Care     

Reviews

Thomas: Legal Frontiers Wellman: An Approach to Rights: Studies in the Philosophy of Law and Morals Allsop and Mulcahy: Regulating Medical Work: Formal and Informal Controls Mercuro and Medema: Economics and the Law: From Posner to Post-Modernism Franck: Fairness in International Law and Institutions Nussbaum: Poetic Justice: The Literary Imagination and Public Life Posner: Law and Legal Theory in the UK and USA Montgomery: Health Care Law     

Getting Real or Staying Positive: Legal Realism(s), Legal Positivism and the Prospects of Naturalism in Jurisprudence

The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward‐looking and backward‐looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism but also their equally different potentials as starting points for naturalizing jurisprudence.     

Sugarman's legal history

Law in History. DAVID SUGARMAN (ed.). Aldershot. Singapore. Sydney 1996. Dartmouth. 2 vols.: vol.1 xxx + 631pp. (incl. index); vol.11 x + 658pp. (incl. index). £180 hb. ISBN 1 85521 403 2.     

Book reviews

D. Leebart (ed.), The Future of Software, The MIT Press, 1995. Hardcover, £19.95, 300 pp, ISBN 0‐262‐12184‐0

David Bainbridge, Software Copyright Law, 2nd edn, Butterworths, 1994. Softcover £35.00, 272 + xvi pp. ISBN 0‐406‐04841‐X

Andrew Christie, Integrated Circuits and Their Contents: International Protection, Sweet & Maxwell, 1995. Hardcover, £85.00. ISBN 0‐421‐48380‐6

S. White, S. Bate and T. Johnson, Satellite Communications in Europe: Law & Regulation, 2nd edn, FT Tax and Law, 1996. Hardcover, £135.00 xlvi + 456 pp. ISBN 0‐752‐002119‐8

A. Valente, Legal Knowledge Engineering: a Modelling Approach. Frontiers in Artificial Intelligence and Applications, Volume 30, IOS Press, 1995. Softcover, £52.00, 227 pp. ISBN 90‐5199‐23‐0

Professor Christopher Arnold, Outsourcing Contracts, Pearson Professional, 1995. 114 pp.