The Gazette 1973

notes are written in order to be used as a companion to the chosen text book. The notes are notes of 300 cases which is claimed a conscientious student would make for himself in read- able form, inserting the essential facts of the case, and the principle established by it. The extracts from the 60 statutes relates to major substantive crimes. The idea of these Casenotes is excellent, and as at least two-thirds of the cases cited would be relevant in Ireland, it would be particularly useful for a busy Circuit Court practi- tioner, but, of course, he would have to remember that any reference to English statutes passed since 1922 would not generally affect him. Oberdorfer (Conrad W.), Cleiss (Alfred), and Hirsch (Martin)—Common Market Cartel Law: Being a Commentary on Article 85 and 86 of the EEC Treaty and Regulations. 17/1962; 27/1962; 19/1965; 67/1967; second edition; 8vo; pp. xviii plus 302; New York, Commerce Clearing House Inc., 1971. Those of us who had the pleasure of listening to Dr. Gleiss at the end of January will appreciate that this work has been compiled by experts in the Cartel Law of the European Community. Dr. Hirsch is a partner in the same law firm in Stuttgart as Dr. Gleiss, while Dr. Oberdorfer is a practising attorney in Boston. Article 85 is first dealt with in great detail, section by section, and there is a detailed list of examples after every section; Article 86 is subsequently dealt with in a similar manner. The 26 Articles of Regulation 17 of 1962 and then dealt with in detail, as are the 6 Articles of Regulation 27 of 1962, the 5 Articles of Regulation 26 of 1962; the 8 Articles of Regulation 19 of 1965, and the 9 articles of Regulation 67 of 1967. If it takes 300 pages to explain only two Articles of the Treaty of Rome, members can appreciate how very complex the subject of European Community Law is. It need hardly be said that the work done by the expert authors will be most helpful to all those who have problems in relation to the limitation of Cartels under the Law of the European Community and is most highly commended. O'Higgins (Paul)—Censorship in Britain. 8vo; pp. 232; London, Thomas Nelson, 1972; £3. We are once more indebted to that prolific writer, Dr. Paul O'Higgins for a book on Censorship in Britain. In the introduction, the learned author analyses the various types of censorship, such as (1) self-censorship (abstention from expressing views due to fear or self- interest); (2) social censorship (when groups discourage the propagation of ideas); (3) legal censorship (by which matter may not be published saved by licence of a prior authority or penal sanctions imposed if certain limits are contravened in publications) and (4) voluntary censorship (where an institution without legal authority imposes publication restrictions'). Undoubtedly, as proved in actual cases, defamation has the effect of inhibiting press comment, though Private Eye appears to be an exception. In the Ladies Directory case, the House of Lords extended widely the idea of conspiracy to corrupt public morals. It is only too obvious that the Official Secrets Act has become the most ubiquitous, far-reaching and all-purposeful block of statute law. In contempt of court proceedings, the truth of the allegation may undoubtedly often be irrelevant to the establishment of liability. Strangely enough it has been

held in England in 1965 that an indecent article is not necessarily obscene, whereas an obscene article almost certainly must be indecent: this would appear to flaunt our censorship laws. Save under the Offences Against the State Acts, it should be noted that it is unlawful for the police to detain anyone for questioning, even to allegedly "help with inquiries". Whereas in England obscene literature may be impounded as a result of a search, it is more usual in Ireland to have the offending book stopped by the Customs Authorities. It is easy for the authorities to institute telephone tapping, and their assurance that it is only used sparingly can be taken with a grain of salt. The authority can also institute press censorship by requesting the Press not to publish certain matters. Whether the Irish authorities were justified under the Emergency Powers Acts in stopping the performances of Maupassant's Boule de Suif in the Gate Theatre during the war is questionable. Censorship amongst librarians is a variable factor, but could be rigid. Film censorship in Ireland is exercised by a National Board, with an Appeals Board, whereas in England it is largely deter- mined by local authorities. Advertising may also be subject to statutory restrictions. But perhaps the most draconian censorship was that undertaken in Ireland during the Second World War to allegedly preserve our neutrality—even references to weather were taboo. From the selective parts covered, it will be seen that Dr. O'Higgins, in his usual masterly way, has given us a fascinating and readable view of censorship in Britain. Bevan (H.K.)—The Law Relating to Children. 8vo, pp. lix plus 522; London, Butterworth, 1973; £6. Professor Bevan's learned work is a simplified version of the famous tome—Clarke, Hall and Morrison on the Law of Children. This is an area which, as the Ken- nedy Report showed, is most unsatisfactory, and re- quires radical reforms in Ireland. In England, the sys- tem of Juvenile Court panels is of doubtful benefit inasmuch as many of its members have no legal train- ing; the Scottish system of Reporters appears to be far superior. The role of the parents under the Irish Consti- tution is paramount, and, while English Juvenile Courts are prepared to send children to homes on compara- tively flimsy pretexts, the case of neglect against the parents and unsatisfactory home conditions or lack of control on the part of the child would have to be proved to the hilt in Ireland. While in Ireland, the supervision of children who have come before the Courts is normally confided to Probation Officers the 1969 English Act gives too much discretion to local authorities; they have the power under specified condi- tions to vest in themselves almost all parental rights and powers. Other problems dealt with by Professor Bevan include the penal protection of children against moral and physical harm, and the question of legiti- macy. In proceedings about custody of children, as in Ireland, the moral and physical welfare of the child is the paramount consideration, and inevitable difficulties will still arise. Since 1971 in England, the father has no longer any prima facie right to custody, thus bringing English law in line with Irish law. There are further chapters on Adoption (where conditions in England are more favourable), Guardianship of Wards and Finan- cial Provision for Children. Throughout Professor Bevan has written in a readable flowing style on a subject on which he is a master. Highly recommended. 100