Book review

Richard Nixon, 1999: victory without war

(New York: Simon and Schuster, 1988; London: Sidgwick and Jackson, 1988)

Anders Stephanson, Kennan and the Art of Foreign Policy. (Harvard University Press, Cambridge, Massachusetts, 1989, pp. xiv + 380, £27.50)

Jacques S. Gansler, Affording Defense. (MIT Press, Cambridge, Massachusetts, 1989, £22.50)

John D. Steinbruner (ed.), Restructuring American Foreign Policy. (The Brookings Institute, Washington, 1989, pp. 260, £8.75 (paperback) & £23.95 (cloth))     

An examination of a desert-based presumptive sentence schedule

To reduce the problem of sentencing disparity (unlike sentences for like offenses), the Committee for the Study of Incarceration proposed a determinate sentence scheme based on a desert theory of punishment. While the proposal at first glance may appear to solve many sentencing problems, this paper attempts to show its defects and some of the problems involved in (1) determinate sentence schedules generally, (2) desert as a principle of punishment, and (3) basing a determinate sentence schedule on a desert theory.     

The Land Registration Act 2002 – the Show on the Road

This article reviews the Land Registration Act 2002, taking advantage of the deeper perspective afforded by the intervening decade, and absorbing subsequent developments – and, in the case of the Act's electronic conveyancing project, non‐developments – that have also come to contribute to the picture. It suggests especially that while the Act's central idea of conclusive, indeed ‘constitutive’, registration can be beneficial, its deployment here has been problematic. In particular, the lapse of electronic conveyancing, and the possibility (resisted by the courts) that conclusive registration can be procured by fraudsters, have diminished the control that parties have over dispositions of their own title, to the detriment of their autonomy; and over‐preoccupation with the central idea has resulted in a failure to think carefully enough about problems to which it was never going to be the answer.