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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.
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