Evaluating adolescent decision making in legal contexts

Challenges the use by policy researchers of a model for comparing adolescent and adult decision making that is based on informed consent standards. An expanded decision-making framework designed to evaluate judgment in adults and adolescents can better test the empirical basis of paternalistic legal policies. The theoretical and empirical literature on the informed consent framework is critiqued and an alternative framework incorporating judgment factors is proposed. Three judgment factors—temporal perspective, attitude toward risk, and peer and parental influence—and their effects on decision making are explored. Finally, implications for future research are analyzed in several decision-making contexts.Several of the ideas in this article were originally presented by the first author and were published as part of a symposium on competence (see Scott, 1992). The current article expands and refines these ideas, provides a more substantial research base, and suggests several future research directions. We thank Joseph Allen, Richard Bonnie, Baruch Fischhoff, William Gardner, John Monahan, Edward Mulvey, Richard Redding, Paul Slovic, and three anonymous reviewers for their helpful comments. Special thanks to Thomas Grisso for providing much constructive criticism and to Wendy Shang for outstanding research assistance. Finally, we would like to acknowledge the MacArthur Foundation, which supported this work in its early stages.     

Terrorism and the law: Historical contexts, contemporary dilemmas, and the end(s) of democracy

Recent proposals by the G7 (and Russia) to clamp down on terrorists and terrorism do not define that which is prohibited. Instead, a threat is communicated which in turn allows, among other things, greater attention to be paid officially to camouflage charities and terrorist use of the Internet. Nevertheless, it is somewhat of a truism to note that terrorist violence is ultimately defined or characterized, for purposes of legal prohibition, within a highly politicized atmosphere. Starting with a short summary of anti-terrorist codification efforts made this century, this article examines some of the security interests cited by governments today in their respective struggles against terrorism. More specifically, it is argued that individual perceptions of personal and societal threat are heightened unnecessarily not only by a constant stream of governmental anti-terrorist rhetoric, but further, by an awareness of official and unofficial methods of anti-terrorist surveillance, and the use to which the information so obtained can be put.     

Analyzing linked systems of negotiations

This article presents a conceptual framework for analyzing the structure and dynamics of what the authors call linked systems of negotiations. Even such seemingly straightforward transactions as the purchase of a family car tend to involve linked negotiations. The framework highlights the importance of internegotiation processes in shaping Zones of Possible Agreement, and proposes a typology of linkage. By mapping out and reengineering linked systems, negotiators can enhance their ability to shape the structure within which their negotiations take place.     

Reviews

Anders Aslund, How Russia Became a Market Economy. Washington, DC: The Brookings Institution, 1995, xviii + 378 pp., £25.75/£9.95.

Boris Kagarlitsky, Restoration in Russia: Why Capitalism Failed. London: Verso, 1995, 172 pp., £39.95/£11.95.

Simon Clarke (ed.), Management and Industry in Russia: Formal and Informal Relations in the Period of Transition. Aldershot: Edward Elgar, 1995, xii + 244 pp. £45.00.

Jan Adam, Why Did the Socialist System Collapse in Central and Eastern European Countries? The Case of Poland, the Former Czechoslovakia and Hungary. London: Macmillan, 1996, xii + 244 pp., £40.00.

? Bogeti? & Arye L. Hillman (eds), Financing Government in the Transition: Bulgaria. The Political Economy of Tax Policies, Tax Bases, and Tax Evasion. Washington, DC: The World Bank, 1995, xv + 254 pp., £19.95.

Vladimir Tismaneanu (ed.), Political Culture and Civil Society in Russia and the New States of Eurasia. Armonk, NY: M. E. Sharpe, 1995, xiii + 384 pp., $22.95.

Alexander Maksimovich Yakovlev, Striving for Law in a Lawless Land—Memoirs of a Russian Reformer. New York: M. E. Sharpe, 1996, xvi + 237 pp., $62.95.

Tuomas Forsberg (ed.), Contested Territory: Border Disputes at the Edge of the Former Soviet Empire. Aldershot: Edward Elgar, 1995, xi + 267 pp., £45.00.

Graham Smith (ed.), The Nationalities Question in the Post‐Soviet States. London: Longman, 1996, xiv + 524 pp.

Aleksandr’ G. Savel'yev & Nikolai N. Detinov, The Big Five: Arms Control Decision‐making in the Soviet Union. Westport, CT: Praeger, 1995, xiv + 204 pp., £47.95.

Keith L. Nelson, The Making of Detente: Soviet‐American Relations in the Shadow of Vietnam, Baltimore, MD: Johns Hopkins University Press, 1995, xvii + 217pp., £29.00.

George Ginsburgs, Alvin Z. Rubinstein & Oles M. Smolansky (eds), Russia and America: From Rivalry to Reconciliation, New York: M. Sharpe, 1993, xi + 353 pp.

Diego Cordovez & Selig S. Harrison, Out of Afghanistan: The Inside Story of the Soviet Withdrawal. Oxford: Oxford University Press, 1995, ix + 450 pp., $35.00.

Andrei S. Grachev, Final Days. The Inside Story of the Collapse of the Soviet Union. Boulder, CO: Westview Press, 1995, xviii + 222 pp., £22.50.

Ilya Prizel & Andrew A. Michta (eds), Polish Foreign Policy Reconsidered. Challenges of Independence. Basingstoke, Macmillan, 1995, xiii + 174 pp., £25.00.

James Riordan, Christopher Williams & Igor Uynsky (eds), Young People in Post‐Communist Russia and Eastern Europe. Aldershot: Dartmouth, 1995, xvi + 215 pp., £39.50.

James von Geldern & Richard Stites (eds), Mass Culture in Soviet Russia: Tales, Poems, Songs, Movies, Plays and Folklore 1917–1953. Bloomington and Indianapolis, IN: Indiana University Press, 1995, xxix + 492 pp., £39.50 h/b, £19.50 p/b.

Katerina Clark, Petersburg, Crucible of Cultural Revolution. Cambridge, MA: Harvard University Press, 1995, xii + 377 pp., £25.50.

Anna Feldman Leibovich, The Russian Concept of Work: Suffering, Drama, and Tradition in Pre‐ and Post‐Revolutionary Russia. Westport, CT and London: Praeger, xv + 166 pp., £44.95.

R. Antony French. Plans, Pragmatism & People. The Legacy of Soviet Planning for Today's Cities. London: UCL Press, 1995, xi + 233 pp.

Roger Brunet, Denis Eckert & Vladimir Kolossov, Atlas de la Russie et des pays proches. Montpellier‐Paris: Reclus‐La Documentation Franchise, 1995, 208 pp., 220Ff.

Bruce Grant, In the Soviet House of Culture: A Century of Perestroikas. Princeton, NJ: Princeton University Press, 1995, xvii + 225 pp., £12.00.

Michael Bourdeaux (ed.), The Politics of Religion in Russia and the New States of Eurasia, The International Politics of Eurasia, Volume 3. Armonk, NY and London: M.E. Sharpe, 1995, xiv + 321 pp., $49.95 h/b, $19.95p/b.     

Abortion laws in African Commonwealth countries

This paper provides an overview of the range of current (1981) abortion laws in the African Commonwealth countries, traces the origins of the laws to their colonial predecessors, and discusses legal reform that would positively provide for legal termination of pregnancy. The authors claim that the range of these laws demonstrates an evolution that leads from customary/common law (Lesotho and Swaziland) to basic law (Botswana, The Gambia, Malawi, Mauritius, Nigeria's Northern States and Seychelles) to developed law (Ghana, Kenya, Nigeria's Southern States, Sierra Leone, and Uganda), and, finally, to advanced law (Zambia and Zimbabwe). The authors call for treating abortion as an issue of health and welfare as opposed to one of crime and punishment. Since most of the basic law de jure is treated and administered as developed law de facto, the authors suggest decriminalizing abortion and propose ways in which to reform the law: clarifying existing law; liberalizing existing law to allow abortion based upon certain indications; limiting/removing women's criminal liability for seeking an abortion; allowing hindsight contraception; protecting providers treating women in good faith; publishing recommended fees for services to protect poor women; protecting providers who treat women with incomplete abortion; and punishing providers who fail to provide care to women in need, with the exception of those seeking protection under a conscience clause. The authors also suggest clarifying the means by which health services involving pregnancy termination may be delivered, including: clarification of the qualifications of practitioners who may treat women; specification of the facilities that may treat women, perhaps broken down by gestational duration of the pregnancy; specifying gestational limits during which the procedure can be performed; clarifying approval procedures and consents; and allowing for conscientious objections to performing the procedure.     

Book reviews

Hélène Carrère d'Encausse, Une Révolution, une victoire. L'union soviétique de Lénine à Staline 1917–1953. Paris: Editions Richelieu, 1972. 446 pp. 60 F.

Joel C. Moses, Regional Party Leadership and Policy‐Making in the USSR. (Praeger Special Studies in International Politics and Government.) New York: Praeger Publishers, 1974, and London: Pall Mall Press, 1975. xv+263 pp. £8.00.

Robert J. Osborn, The Evolution of Soviet Politics. Homewood, Ill. and London: The Dorsey Press, 1974. xiii+574 pp. $10.95.

Robert H. Donaldson, Soviet Policy toward India: Ideology and Strategy. (Russian Research Center Studies, 74.) Cambridge, Mass.: Harvard UP, 1974. x+338 pp. £7.50.

Lloyd G. Churchward, Contemporary Soviet Government. Second Edition. London: Routledge & Kegan Paul, 1975. 368 pp. £6.95.

Otto Ul?, Politics in Czechoslovakia. San Francisco and Reading: W. H. Freeman, 1975. xi+181 pp. £4.70.

Ivan Volgyes (ed.), Environmental Deterioration in the Soviet Union and Eastern Europe. (Praeger Special Studies in International Politics and Government.) New York: Praeger, 1974, and London: Pall Mall Press, 1975. xiii+168 pp. $14.00. £6.00.

Rolf Freund, Investitionskriterien als Mittel zur Realisierung eines Entwick‐lungspfades. Dargestellt am Beispiel der UdSSR. Berlin: Osteuropa‐Institut an der Freien Universität Berlin, 1974. v+202 pp. DM 12.00.

László Szamuely, First Models of the Socialist Economic Systems. Principles and Theories. Budapest: Akadémiai Kiádó, 1974. 109 pp. £2.60.

Iain F. Elliot, The Soviet Energy Balance. Natural Gas, Other Fossil Fuels, and Alternative Power Sources. (Praeger Special Studies in Economics and Development.) New York: Praeger Publishers, 1974, and London: Pall Mall Press, 1975. xv+277 pp. £8.00.