Colonial origins of land acquisition law in New South Wales and Queensland

F.W. Maitland. G.R. Elton. London. 1985. Weidenfeld and Nicolson. vii &; 118 pp. (incl. Index). £12.95.

Victorian Prison Lives: English Prison Biography (1830–1914). Philip Priest‐ley. London and New York. 1985. Methuen. xiii &; 311 pp. (incl. index). £25.00.

Christopher St German on Chancery and Statute. J.A. Guy. London. 1985. Selden Society Supplementary series vol. 6. x &; 149 pp. (incl. index). £15.

Imprisonment in England and Wales: A Concise History, Christopher Harding, Bill Hines, Richard Ireland and Philip Rawlings, Beck‐enham. Croom Helm. 1985. xiii &; 308 pp. £25.00.

The Evolution of Law. Alan Watson. Oxford. 1985. Basil Blackwell. xi &; 156 pp. (incl. index). £17.50.

Unequal Access: Women Lawyers in a Changing America. Ronald Chester. Massachusetts. 1985. Bergin &; Garvey Publishers, Inc. viii &; 135 pp.(incl. index). £24.95.

Unequal Laws unto a Savage Race: European Legal Traditions in Arkansas, 1686–1836. Morris S. Arnold. Fayetteville. 1985. University of Arkansas Press, xviii &; 234 pp.

Returns of Strangers in the Metropolis 1593, 1627, 1635, 1639: A Study of an Active Minority. Ed. Irene Scouloudi. London. 1985. The Huguenot Society.

’Without the Law’: Administrative Justice and Legal Pluralism in Nineteenth Century England. H.W. Arthurs. Toronto. 1985. University of Toronto Press, xvi + 312 pp. (incl. index). £20.00.     

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     

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

Book reviewed in this article: Jacques Lenoble and André Berten, Dire la norme; droit, politique et énonciation, Brussels: E. Story-Scientia. Sheila A.M. McLean (ed), Legal Issues in Human Reproduction, Aldershot: Gower. David Cusine, New Reproductive Techniques: A Legal Perspective, Aldershot: Gower. Harold Perkin, The Rise of Professional Society: England since 1880, London: Routledge.     

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     

Deception by police

John Braithwaite and Philip Pettit, Not Just Deserts: A Republican Theory of Criminal Justice, Oxford Clarendon Press, 1990, vii + 229 pp.     

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     

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: 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     

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.     

REVIEWS

Michael Humphrey and Heather Humphrey (eds), Inter-Country Adoption: Practical Experiences J. Stuart Anderson, Lawyers and the Making of English Land Law, 1832–1940 Jane Morgan and Lucia Zedner, Child Victims: Crime, Impact and Criminal Justice Philip Alston (ed), The United Nations and Human Rights: A Critical Appraisal Peter Fitzpatrick, The Mythology of Modern Law Deryck Beyleveld, The Dialectical Necessity of Morality: An Analysis and Defense of Alan Gewirth's Argument to the Principle of Generic Consistency     

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.     

BOOK REVIEWS

ABSTRACT

VIRGIN OR VAMP: HOW THE PRESS COVERS SEX CRIMES, by Helen Benedict. New York: Oxford University Press, 1992. Reviewed by Frankie Y. Bailey.

USING MURDER: THE SOCIAL CONSTRUCTION OF SERIAL HOMICIDE, by Philip Jenkins. New York: Aldine De Gruyter, 1994. Reviewed by Neil Websdale.

BEATING THE DEVIL OUT OF THEM: CORPORAL PUNISHMENT IN AMERICAN FAMILIES, by Muiray A. Straus with Denise A. Donnelly. New York, NY: Lexington Books, 1994. Reviewed by Lee E. Ross.     

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     

Scottish Legal History Group Report 2012

The Enigma of Felix Frankfurter. H. N. Hirsch New York, 1981. Basic Books Inc. x + 253pp (incl. index). £11.25.

Jogtörteneti Tanulmanyok (Studies in Legal History) Edited by A. Adam. F. Benedek and J. Szita. Legal Studies of Pecs University no. 95. Pecs. 1980. 432 pp.     

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     

A book review on

Policing: A Short History. Philip Rawlings. Portland: Willan. Publishing, 2002. ISBN 1–903240–26–3 Paperback £17.99 / US $27.50. ISBN 1–903240–27–1 Hardback £45.00 / US $59.95. 280 pages.     

Book Reviews

Book reviewed in this article: The Maltreated Child: The Maltreatment Syndrome in Children—A Medical, Legal and Social Guide, 5th Ed. by Vincent J. Fontana & Douglas J. Besharov, Charles C. Thomas A Sourcebook: Serious, Violent, and Chronic Juvenile Offenders by James C. Howell, Ph.D, Barry Krisberg, Ph.D, David Hawkins, Ph.D, John J. Wilson, J.D., MBA     

论有限责任公司债权人权利的回归

The contingent governance theory based on state-contingent ownership has exerted an important impact on economic academia, and its application in the field of company law is also of significant value. The lack of internal restraint mechanism and public supervision of limited liability companies makes it feasible to implement contingent governance. Under the mechanism of contingent governance, creditors of a limited liability company may intervene in its governance. The right of intervention is mainly reflected in three aspects, i.e., (1) mandatory debt-for-equity swap, (2) obligation of the actual controller to creditors when the limited liability company is on the edge of insolvency, and (3) creditor’s right of objection with respect to the decision of corporate substantial business. Ding Guangyu, Ph.D in civil and commercial law, works in the Chinese Institute of Applied Jurisprudence of the Supreme Court of China. His publications include Introduction of Chinese Labor Law: Cases and Materials (China Legal Publishing House, 2008), Tracing the right of creditors in LLC: From the perspective of contingent governance theory (Studies in Law and Business, 2008.2), Judicial Discretion and the Rule (Legal Daily, 2007-4-20), Uniform of Legal Application (Legal Daily, 2006-12-9).