The hate that dare not speak its name: Pornography qua semi-political speech

In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We shall take a special interest in the most recent, but unsuccessful, attempt by a subgroup of feminists to proscribe pornography by treating it as neither political speech nor sexual speech but speech which causes harm which is both political and sexual. They would like it to be considered as a special kind of odious propaganda undeserving of protection because it promulgates a mental state conducive to criminal activity, and hence is criminal in and of itself. However, the repression of propaganda, even odious propaganda, is not so easily accomplished in this country.Most anti-censors have emphasized the uncertainty of the causal connection between pornography and sexual violence. We shall contend that this is not the essential issue, and that, even if we agree with the allegations of pornography's prurient non-intellectual appeal and its tendency to excite criminal hostility, the current understanding of the Bill of Rights allows sanctioning only under the stringent requirement of the showing of a clear and present danger of specific and immediate acts.We raise the question of whether there should be a new standard for speech which is simultaneously political and sexual, and/or for speech whose harmful message is presented subliminally, on the grounds that such speech may not be adequately opposed by counter speech in the marketplace of ideas.     

Testing the limits of freedom of contract: the commercialization of reproductive materials and services

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible--exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material--and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that complete reconciliation is impossible. Taken together, these principles are designed to reflect a strategy of "constrained commodification," where commercialization or commodification, that is, financial remuneration, plays a relatively neutral role in the utilization of reproductive materials and services. In light of these principles, the article concludes by sketching legal and regulatory regimes with respect to the exchange of gametes and zygotes, gestational services, and fetal tissue.     

Ethos,ideology, and partisanship: Exploring the paradox of conservative democrats

Despite the increasingly liberal cast of the national Democratic Party, self-identified conservatives continue to represent a significant segment of the party. At least 25 percent of Democratic identifiers considered themselves to be conservatives during the 1972–1988 period. This paper explores the puzzle of why significant numbers of political conservatives continue to identify with the Democratic Party. We argue that conservative Democrats relate to their party not because of political ideology, as do Republicans and to a lesser extent, liberal/moderate Democrats, but because of the symbolic values associated with the main groups in the party—what we refer to as party ethos. This proposition is examined by analyzing a new set of open-ended questions included in the 1988 American National Election Study probing citizens' images and assessments of the Republican and Democratic parties.The data utilized in this paper were made available by the Inter-university Consortium for Political and Social Research. The data forAmerican National Election Study 1988: Pre- and Post-Election Survey were originally collected by Warren E. Miller and the National Election Studies. Neither the collector of the original data nor the Consortium bears any responsibility for the analyses or interpretations presented here.     

The DutchAlgemene Rekenkamer and its role in light of practical experience

TheAlgemene Rekenkamer functions in the area around government and parliament. This chapter focuses on two questions: How does theRekenkamer ascertain loss of efficiency and effectiveness within government, and how does theRekenkamer restrict loss of efficiency and effectiveness within its own organization?

The goal of theRekenkamer is to provide parliament with reasonable assurances of the validity of expenses incurred and to promote the efficiency of the ministries and the effective spending of state funds. TheRekenkamer pursues a policy aimed at achieving these goals. Some central elements in this active policy are

• ? An independent position,

• ? Optimum reliability,

• ? Strategic planning,

• ? Both regularity and performance audits.

• ? The political and social relevance of research subjects, and

• ? Dialogue between parliament and theRekenkamer.

With regard to the audit theory of W.J. Van Braband, some suggestions for improvement are given.

     

Reviews

Wing Thye Woo, Stephen Parker & Jeffrey D. Sachs (eds), Economies in Transition: Comparing Asia and Eastern Europe. Cambridge, MA: MIT Press, 1997, xiv + 412 pp., £33.95 h/b, £16.95 p/b.

Guy Standing, Russian Unemployment and Enterprise Restructuring: Reviving Dead Souls. Basingstoke: Macmillan, 1996, xxix + 404 pp., £45.00.

Ellen Mickiewicz, Changing Channels: Television and the Struggle for Power in Russia. New York: Oxford University Press, 1997, xiii + 340 pp., $35.00.

Naum Nim (ed.), Dos'e na tsenzuru, No. 1. Moscow: Fond zashchity glasnosti, 1997, 208 pp.

Taras Kuzio, Ukraine under Kuchma: Political Reform, Economic Transformation and Security Policy in Independent Ukraine. Basingstoke: Macmillan, 1997, xxiii + 281 pp., £50.00.

Mary Buckley (ed.), Post‐Soviet Women: from the Baltic to Central Asia. Cambridge: Cambridge University Press, 1997, xvii + 316 pp., £15.95.

Neil Hood, Robert Kilis & Jan‐Erik Vahlne (eds), Transition in the Baltic States: Micro‐level Studies. Basingstoke: Macmillan, 1997, xv + 299 pp., £50.00.

V. Stanley Vardis & Judith B. Sedaitis, Lithuania: The Rebel Nation. Boulder, CO: Westview Press, 1997, xi + 242 pp., £14.50.

Lonnie R. Johnson, Central Europe. Enemies, Neighbours, Friends. Oxford: Oxford University Press, 1996, xii + 339 pp., £15.99.

Gale Stokes, Three Eras of Political Change in Eastern Europe. Oxford: Oxford University Press, 1997, xvi + 240 pp., £13.99.

Kevin F. F. Quigley, For Democracy's Sake: Foundations and Democracy Assistance in Central Europe. Washington, DC: The Woodrow Wilson Center Press, 1997, xix + 190 pp., £13.00.

James Gow, Triumph of the Lack of Will. International Diplomacy and the Yugoslav War. London: C. Hurst and Co., 1997, 343 pp., £14.95.

Robert Chenciner, Daghestan: Tradition and Survival. Richmond: Curzon, 1997, xi + 307 pp., £25.00

William C. Wohlforth (ed.), Witnesses to the End of the Cold War. Baltimore: Johns Hopkins University Press, 1996, xvi + 344 pp., $39.95.

Vladimir N. Brovkin (ed.), The Bolsheviks in Russian Society: The Revolution and the Civil Wars. London: Yale University Press, 1997, vi + 333 pp., £21.00.

Carl Van Dyke, The Soviet Invasion of Finland 1939–40. London: Frank Cass, 1997, xiv + 288 pp., £35.00.

Maurice Friedberg, Literary Translation in Russia: A Cultural History, University Park, Pennsylvania: The Pennsylvania University Press, 1997, viii + 224 pp.