Reviews

Anders Aslund & Richard Layard, eds, Changing the Economic System. London, Pinter Publishers: 1993, xviii + 237pp., £35.00.

János Mátyás Kova?s & Marton Tardos, eds, Reform and Transformation in Eastern Europe: Soviet‐type Economics on the Threshold of Change. London: Routledge, 1992, xix + 345 pp.

Peter J. Boettke, Why Perestroika Failed: The Politics and Economics of Socialist Transition. London: Routledge, 1993, viii + 199 pp., £35.00

John Flemming & J. M. C. Rollo, eds, Trade, Payments and Adjustment in Central and Eastern Europe. London: Royal Institute of International Affairs and EBRD, 1992, vii + 242 pp., £11.95 p/b.

Zoltan J. Acs & David B. Audretsch, eds, Small Firms and Entrepreneurship. An East‐West Perspective. Cambridge: CUP, 1993, 240 pp., £30.00, $49.95.

Alex Pravda, ed., The End of the Outer Empire: Soviet‐East European Relations in Transition, 1985–90. London: The Royal Institute of International Affairs, 1992, x + 238 pp., £35.00 h/b

Leonid Gozman & Alexander Etkind, The Psychology of Post‐Totalitarianism in Russia Trans. Roger Clarke. London: Centre for Research into Communist Economies, 1992, 121 pp., p/b £6.50.

F. J. M. Feldbrugge, ed., The Emancipation of Soviet Law. Dordrecht, Boston, London: Martinus Nijhoff Publishers, 1992, xvii + 272 pp., £76.00. $146.00

John Massey Stewart, ed. The Soviet Environment: Problems, Policies and Politics. Cambridge: CUP, 1992, xv + 246 pp., £40.00, $64.95.

I. Kon & J. Riordan, eds, Sex and Russian Society. Bloomington, IN: Indiana University Press, 1993, viii + 168 pp., £35.00 h/b, £12.95 p/b.

Kenneth C. Farmer, The Soviet Administrative Elite. New York: Praeger, 1992, xii + 296 pp., £39.95.

Robert Service, ed. Society and Politics in the Russian Revolution. New York: St Martin's Press, Basingstoke and London: Macmillan, 1992. Published in association with the School of Slavonic and East European Studies, University of London, in their series Studies in Russia and East Europe. 199 pp., + index. £40.00 h/b, £14.99 p/b.     

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Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment

Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best.

Proportionality in the philosophy of punishment: From “why punish?” to “how much?”

This article is a substantially revised version of a paper originally prepared for the International Conference on Justice in Punishment, Jerusalem, Israel, March 27–31, 1988.     

Contrasting Strategies within the War Crimes Trials of Kesselring and Wolff

This article compares the different ways in which, during the post-war decades, the Allied war crimes trials programme responded to the war criminality of two prominent German officials: Field Marshal Albert Kesselring and SS General Karl Wolff. It explores the question of why Wolff, whose complicity was arguably much greater than that of Kesselring, received more favourable treatment, and the role of various political and geo-political factors, including those influencing the interventions of US intelligence officials, as explanations for this apparent legal discrepancy. Dr. Kerstin von Lingen is a researcher at the Centre for Studies on Experiences in War (SFB 437 “Kriegserfahrungen”) at Tubingen University, Germany; Dr. Michael Salter is Professor of Law at The Law School, University of Central Lancashire, United Kingdom.     

Introduction

Abstract. The author recalls a distinction between philosophy conceived as "analytics of truth" and philosophy as "ontology of the actual." The latter might be seen as a diagnostics of our times. For this second type of philosophy questions of legitimation are prominent. According to the author, one can distinguish three main sources of legitimacy of beliefs and practices: religion, reason, and nature. Reason has been considered the most important legitimating ground as far as modernity is concerned. Nevertheless, it has never been very clear what reason as a source of legitimation amounts to. The author, finally, points to the fact that, in times of increasing menace to the biosphere, "nature"– metaphorically speaking – may set a standard for human laws.