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ABSTRACT . This paper makes a critical assessment of some contributions of John Searle of direct relevance to social science—his theory of rationality and his theory of institutions. The former is criticized for being able to account for how people can act for "external reasons," as opposed to their desires, only in cases where an obligation derives from a promise; a rival account is much more general. The latter is criticized on three grounds: (1) his theory of institutions can only account for a narrow range of social reality, that deriving from some kind of "enactment"; (2) his notion of "collective intentionality" is unnecessary to explain institutions and is introduced only so that Searle can stay within an individualistic, Cartesian theory of the mind, something of no interest to social scientists; (3) his account implies that if an institution exists, "we collectively accept it," whereas it may in fact not be accepted, but merely tolerated or submitted to.

Half Title -- Law & Society Series -- Title Page -- Copyright Page -- Table of Contents -- Introduction to the Transaction Edition -- Preface -- 1. A Theory Of Crime -- Chpater 1. The Social Reality of Crime -- Assumptions: Explanation in the Study of Crime -- Assumptions: Man and Society in a Theory of Crime -- Theory: The Social Reality of Crime -- A Theoretical Perspective for Studying Crime -- 2. Formulation Of Criminal Definitions -- Chpater 2. Criminal Law in Politically Organized Society -- The Study of Criminal Law -- From Sociological Jurisprudence to Sociology of Criminal Law -- Law in Politically Organized Society -- The Interest Structure -- Formulation and Administration of Criminal Law -- Interests in Contemporary Society -- Chpater 3. Interests in the Formulation of Criminal Laws -- Emergence of Criminal Law -- Criminal Law in Colonies and Territories -- Protection of the Political Order -- Religious Foundations of Criminal Law -- Sunday Law -- The Law of Theft -- Antitrust Laws -- Pure Food and Drug Laws -- Sexual Psychopath Laws -- Protection of Morality and Public Order -- 3. Application Of Criminal Definitions -- Chpater 4. Enforcement of Criminal Law -- Police Discretion -- Legal Regulation of Law Enforcement -- Law Enforcement Systems -- Community Context of Law Enforcement -- Police Organization and Law Enforcement -- Police Ideology and Law Enforcement -- The Encounter Between Police and Citizens -- The Offense Situation and Selective Law Enforcement -- Chpater 5. Administration of Criminal Justice -- Politicality of Justice -- Discretion and Decision-Making in the Judicial Process -- Prosecution and Nontrial Adjudication -- The Criminal Lawyer in the Adversary System -- The Criminal Trial and the Jury -- Judicial Sentencing -- Chpater 6. Penal and Correctional Administration -- Organization and Supervision of Probation

Searle's theory of social reality is increasingly meeting with worldwide recognition, and is undoubtedly the most prominent theory of social ontology (at least in the post-analytical tradition), even if actual research in this domain is engaged in critical confrontation with it. Searle's approach continues to shape the debate, but his construction is more and more sharply dissected, both in its details and in its general assumptions. Furthermore, new perspectives, not rooted in the analytical

All of Freud's thinking hinges on a twofold dualism: the dualism of ego & id within the psyche, & the dualism of individual & society with the culture. The 2 dualisms are related. To E. Fromm, man is not divided against himself in the very structure of the psychol but is essentially unified, intact, perfect. The imperfections & distortions of human nature are traced to the corrupting effects of man's culture. Though both are rationalists & naturalists, Freud's view is Hobbesean both in its conception of man & in its notion of the function of society; Fromm is Rousseauean; man is born free & good, only to be enslaved by an evil society. Both men very largely misunderstand the interrelation of the self & society. Freud does not see what the Jewish-Christian tradition has always stressed & what modern existentialists are reemphasizing: that the human self emerges only in community & has no real existence apart from it. The self is not prior to society but coeval with it. Fromm, on the other hand, tends to lose the self in his preoccupation with the `right' social order. Out of the tension between his self-transcending freedom & the inherent limitations of his creatureliness are engendered the basic insecurity & anxiety which prompt man to `pride' (in the theological sense) & to self-aggrandizement. These enlist all suitable biological impulses & exploit all serviceable soc institutions, but they are not themselves the product of either. Freud, despite himself, was a witness to the God of Truth. J. A. Fishman.

A letter of advice & direction to the people of Eastern Europe concerning the place of a market economy in a democratic country. It has been historically true that countries with a capitalistic market economy have democratic governments while countries with a socialist command economy are usually burdened with authoritarian regimes, suggesting a basic incompatibility between state-owned, centrally directed economies & democracy. It is argued that, if Eastern Europe is to continue on its road to democracy, ties with a socialist command economy must be sacrificed for participation in a market economy. However, Eastern Europe should find a compromise between the economic system being rejected & a total reliance on a capitalistic market economy. R. Logsdon