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A comprehensive bibliography of American constitutional and legal history
Reviews
699
separates the constitutional order from the actually functioning extraconstitutional system), support by martial law, and the trend toward regularization; representative institutions; electoral politics; the media (affluence and education have increased the influence of the media, although KMT censorship and penetration of the media have been pervasive): the China issue, neither independent nor reunification, a dilemma; international relations. As the book’s subtitle indicates, the emphasis is on the ruling party, Kuomintang (KMT). Thus, the core of the book concerns changes within KMT and its relation to the various facets of the political system, such as party competition, the state, representative institutions, and elections. The author traces the emergence of Taiwanese politicians and younger, more technocratic (less ideologically rigid) politicians within KMT. The analysis of the KMT structure and roles sheds a great deal of light on a complex phenomenon. There is also discussion on the rise of the opposition and a comprehensive analysis of the provincial election, which greatly enhances knowledge about the process of the electoral politics. The author offers no definite conclusion to his study. He believes that changes in Taiwan will certainly continue to go together with changes in the political structure, function, and policy of the KMT. The traditional Leninist “revolutionary” system, the party leads the state will continue to be modified. To demonstrate what he sees the future would hold for Taiwan, he offers what he calls “exercise alternative development models” using names of particular politicians, not to identify with them but to illustrate what their past opinions and positions would seem to indicate. One is Li Huan model-the most conservative model: KMT remains an elitist, centralized party ruling with the consent of the people. The second is Chao Shao-Kang model-similar to the above, but postulates a weak party center. The third model is Lin Yang-Kang model-the KMT acts as an umbrella organization for local political bosses and elected politicians. The final model is Li Teng-hui model-a strong presidency responsible directly to the Taiwan electorate. A combination of the Lin Yang-kang model and Li Teng-hui model, in his opinion is most likely to succeed, assuming that the KMT will remain in control of the state. Should it be thrown out by the electorate, Taiwan will face a test of the meaning of democratization. However, the author argues that the possibility the KMT will be defeated is remote, but a challenge to it might weaken its cohesion, making its defeat more likely in future elections. He concludes that as Taiwan becomes more democratic, there grows, if not contradiction, at least a tension between further democratization and the eventual reunification ofchina. The challenge is real. As he puts it, “The rationale for KMT rule has been ultimately, the unity of a democratic China. Without unity, the KMT period on Taiwan come to be seen as an interlude . if China is not reunited, the future of the KMT is problematic.” Moody has written a carefully researched, well-documented book, combining theory, facts, and analysis to show how the political system in Taiwan has functioned both before and since the political reform that began in 1986. His presentation is objective, clear, and full of valuable insights. He treats Taiwan as a case study of how an authoritarian regime may become democratic. It presents excellent food for thought about the causes and extent of the democratization process in Taiwan. Bibliographic notes after each section are particularly useful. This book is an important contribution to the literature on Taiwan. Students and general readers who are interested in Taiwan will find this book highly informative. SARAH NIU Robert E. Kennedy Library California Polytechnic State University San Luis Obispo, CA 93407 USA
A Comprehensive Bibliography of American Constitutional and Legal History. Supplement, 1987. By Kermit L. Hall. Two Volumes. Millwood, NY: Kraus International Publications, 956 p. ISBN O-527-37414-9. $155.00.
19801991.
The first five volumes of Kermit Hall’s legal history bibliography, published in 1984, were a significant contribution to the discipline. Not only had he compiled citations to an enormous range of valuable resources, but he also demonstrated the depth and complexity of a seemingly arcane field. His bib-
700
Reviews
liography spanned articles, books, and dissertations from the usual law and history sources, and from multitudes of scholarly and popular periodicals normally outside the legal historian’s domain. The weight of evidence was convincing. Legal history is not simply a narrow inquiry into the past; it instead relates the dynamics of social attitudes and social change to the manifestation of legal doctrine. The Supreme Court’s creation and rejection of the “separate but equal’” standard in race relations. for example, is not merely an analysis of constitutional law: it is a study of social tolerance and the ability of the law to characterize individual roles in an increasingly complex society. The best historical analysis of such issues must reach beyond law-related journals to explore an issue’s lessons from politics, sociology, economics, education, and a host of other disparate fields. These latest two volumes of Hall’s bibliography continue his effort to identify diverse sources for a fuller and more beneficial inquiry. Hall’s bibliography stands out as a testimony to the depth and complexity of legal history, but only by implication. The original five volumes and the two supplemental volumes are a treasure trove of sources arranged in subject groups, by the names of biographees, and by the chronological era and geographical area of study. Indices of author names and of detailed subjects greatly improve access to the literature. Other than a brief introduction summarizing format and use-virtually identical introductions appear in both the original set and in the supplement-Hall’s volumes do little substantive to inspire readers. Professor Hall is a prolific author in the field of legal history-his writings are amply listed in these tomes-and he energetically shares his research and ignites useful controversy at academic conferences. Yet his bibliographies lack an introduction that could have imparted his philosophy about the state of legal history as a discipline and the divisions within the field. True, an introduction to these volumes is not the ideal place to incite or resolve such theoretical controversies, but the present nature ofthe discipline is relevant to his bibliographies, and it could have provided a context for viewing his compilations as something more than superficial listings. They are more meaningful than he seems to realize. Hall’s work is not merely a tool, but rather a manifestation of a more expansive understanding of legal history. The first volumes appeared at a time when scholars were speaking ofthe “new legal history”-a break from merely tracking the origins of laws to better understanding the relationship between law and society. Scholars inevitably needed access to the wider range of sources as Hall provides, Hall alludes to the broader scope, but without discussing directly the changing perceptions of the legal history field. Hall’s work is also devoid of commentary. Surely by indulging in this wealth of material he must have made some observations about its utility. A helpful introduction could have commented on some general trends about the nature of the various sources; how to use them and what to watch for; and where are the strengths and where are the weaknesses. Again, no one would expect extensive detail. but any commentary would have added perspective to help the users. Users also need to know that the bibliographies are far from complete. They are labeled “comprehensive,” and their scope and size are impressive, but they cannot replace independent research. In a completely unscientific test, this reviewer selected a small sample of books in his oRice to fmd that the I980- 1987 supplement volumes do include: Lewis J. Paper, Brundeis ( 1983) and Lawrence M. Friedman. .4 Hislor]. ofAmericun Law ( 1985). But they do not include: Robert Stevens’s LUM.School: Lcpl Edlrcufion in .4merica,fkvn the 18.50s to the 1!#O.r ( 1983) and Peter H. Irons’s, The NM Deul La\vyw.s ( 1982). The original five volumes and these two supplement tomes are nevertheless a worthy addition to any academic law library. Just as they direct legal researchers to nonlaw sources, these books can help researchers from other fields find law-related materials. They are therefore valuable for most college and university libraries as well. But check their quality before putting these books on the shelf. The original five volumes proudly include detailed statements about the acid-free paper, high-quality binding, and adherence to the Council on Library Resources’s standards for “permanence and durability.” These latest supplement volumes, however, state only that the paper meets the “minimum requirements” of the American National Standard for Information Science. Perhaps the quality of production has declined: the supplement volumes reviewed here had a detached quire. Twenty-eight pages were loose inside the book. For a bibliography with an indefmite future of use, better quality control from the publisher is imperative. KENNETH D. CREWS Associate Professor of Business Law College of Business San Jose State University San Jose, CA 95 192-0070 USA
699
separates the constitutional order from the actually functioning extraconstitutional system), support by martial law, and the trend toward regularization; representative institutions; electoral politics; the media (affluence and education have increased the influence of the media, although KMT censorship and penetration of the media have been pervasive): the China issue, neither independent nor reunification, a dilemma; international relations. As the book’s subtitle indicates, the emphasis is on the ruling party, Kuomintang (KMT). Thus, the core of the book concerns changes within KMT and its relation to the various facets of the political system, such as party competition, the state, representative institutions, and elections. The author traces the emergence of Taiwanese politicians and younger, more technocratic (less ideologically rigid) politicians within KMT. The analysis of the KMT structure and roles sheds a great deal of light on a complex phenomenon. There is also discussion on the rise of the opposition and a comprehensive analysis of the provincial election, which greatly enhances knowledge about the process of the electoral politics. The author offers no definite conclusion to his study. He believes that changes in Taiwan will certainly continue to go together with changes in the political structure, function, and policy of the KMT. The traditional Leninist “revolutionary” system, the party leads the state will continue to be modified. To demonstrate what he sees the future would hold for Taiwan, he offers what he calls “exercise alternative development models” using names of particular politicians, not to identify with them but to illustrate what their past opinions and positions would seem to indicate. One is Li Huan model-the most conservative model: KMT remains an elitist, centralized party ruling with the consent of the people. The second is Chao Shao-Kang model-similar to the above, but postulates a weak party center. The third model is Lin Yang-Kang model-the KMT acts as an umbrella organization for local political bosses and elected politicians. The final model is Li Teng-hui model-a strong presidency responsible directly to the Taiwan electorate. A combination of the Lin Yang-kang model and Li Teng-hui model, in his opinion is most likely to succeed, assuming that the KMT will remain in control of the state. Should it be thrown out by the electorate, Taiwan will face a test of the meaning of democratization. However, the author argues that the possibility the KMT will be defeated is remote, but a challenge to it might weaken its cohesion, making its defeat more likely in future elections. He concludes that as Taiwan becomes more democratic, there grows, if not contradiction, at least a tension between further democratization and the eventual reunification ofchina. The challenge is real. As he puts it, “The rationale for KMT rule has been ultimately, the unity of a democratic China. Without unity, the KMT period on Taiwan come to be seen as an interlude . if China is not reunited, the future of the KMT is problematic.” Moody has written a carefully researched, well-documented book, combining theory, facts, and analysis to show how the political system in Taiwan has functioned both before and since the political reform that began in 1986. His presentation is objective, clear, and full of valuable insights. He treats Taiwan as a case study of how an authoritarian regime may become democratic. It presents excellent food for thought about the causes and extent of the democratization process in Taiwan. Bibliographic notes after each section are particularly useful. This book is an important contribution to the literature on Taiwan. Students and general readers who are interested in Taiwan will find this book highly informative. SARAH NIU Robert E. Kennedy Library California Polytechnic State University San Luis Obispo, CA 93407 USA
A Comprehensive Bibliography of American Constitutional and Legal History. Supplement, 1987. By Kermit L. Hall. Two Volumes. Millwood, NY: Kraus International Publications, 956 p. ISBN O-527-37414-9. $155.00.
19801991.
The first five volumes of Kermit Hall’s legal history bibliography, published in 1984, were a significant contribution to the discipline. Not only had he compiled citations to an enormous range of valuable resources, but he also demonstrated the depth and complexity of a seemingly arcane field. His bib-
700
Reviews
liography spanned articles, books, and dissertations from the usual law and history sources, and from multitudes of scholarly and popular periodicals normally outside the legal historian’s domain. The weight of evidence was convincing. Legal history is not simply a narrow inquiry into the past; it instead relates the dynamics of social attitudes and social change to the manifestation of legal doctrine. The Supreme Court’s creation and rejection of the “separate but equal’” standard in race relations. for example, is not merely an analysis of constitutional law: it is a study of social tolerance and the ability of the law to characterize individual roles in an increasingly complex society. The best historical analysis of such issues must reach beyond law-related journals to explore an issue’s lessons from politics, sociology, economics, education, and a host of other disparate fields. These latest two volumes of Hall’s bibliography continue his effort to identify diverse sources for a fuller and more beneficial inquiry. Hall’s bibliography stands out as a testimony to the depth and complexity of legal history, but only by implication. The original five volumes and the two supplemental volumes are a treasure trove of sources arranged in subject groups, by the names of biographees, and by the chronological era and geographical area of study. Indices of author names and of detailed subjects greatly improve access to the literature. Other than a brief introduction summarizing format and use-virtually identical introductions appear in both the original set and in the supplement-Hall’s volumes do little substantive to inspire readers. Professor Hall is a prolific author in the field of legal history-his writings are amply listed in these tomes-and he energetically shares his research and ignites useful controversy at academic conferences. Yet his bibliographies lack an introduction that could have imparted his philosophy about the state of legal history as a discipline and the divisions within the field. True, an introduction to these volumes is not the ideal place to incite or resolve such theoretical controversies, but the present nature ofthe discipline is relevant to his bibliographies, and it could have provided a context for viewing his compilations as something more than superficial listings. They are more meaningful than he seems to realize. Hall’s work is not merely a tool, but rather a manifestation of a more expansive understanding of legal history. The first volumes appeared at a time when scholars were speaking ofthe “new legal history”-a break from merely tracking the origins of laws to better understanding the relationship between law and society. Scholars inevitably needed access to the wider range of sources as Hall provides, Hall alludes to the broader scope, but without discussing directly the changing perceptions of the legal history field. Hall’s work is also devoid of commentary. Surely by indulging in this wealth of material he must have made some observations about its utility. A helpful introduction could have commented on some general trends about the nature of the various sources; how to use them and what to watch for; and where are the strengths and where are the weaknesses. Again, no one would expect extensive detail. but any commentary would have added perspective to help the users. Users also need to know that the bibliographies are far from complete. They are labeled “comprehensive,” and their scope and size are impressive, but they cannot replace independent research. In a completely unscientific test, this reviewer selected a small sample of books in his oRice to fmd that the I980- 1987 supplement volumes do include: Lewis J. Paper, Brundeis ( 1983) and Lawrence M. Friedman. .4 Hislor]. ofAmericun Law ( 1985). But they do not include: Robert Stevens’s LUM.School: Lcpl Edlrcufion in .4merica,fkvn the 18.50s to the 1!#O.r ( 1983) and Peter H. Irons’s, The NM Deul La\vyw.s ( 1982). The original five volumes and these two supplement tomes are nevertheless a worthy addition to any academic law library. Just as they direct legal researchers to nonlaw sources, these books can help researchers from other fields find law-related materials. They are therefore valuable for most college and university libraries as well. But check their quality before putting these books on the shelf. The original five volumes proudly include detailed statements about the acid-free paper, high-quality binding, and adherence to the Council on Library Resources’s standards for “permanence and durability.” These latest supplement volumes, however, state only that the paper meets the “minimum requirements” of the American National Standard for Information Science. Perhaps the quality of production has declined: the supplement volumes reviewed here had a detached quire. Twenty-eight pages were loose inside the book. For a bibliography with an indefmite future of use, better quality control from the publisher is imperative. KENNETH D. CREWS Associate Professor of Business Law College of Business San Jose State University San Jose, CA 95 192-0070 USA