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- THE LAW AND POLITICS BOOK REVIEW
- ISSN 1062-7421
-
- An Electronic Periodical
- Published by
- The Law and Courts Section
- The American Political Science Association
- Vol. 3 No. 6 (June, 1993) pp. 57-59
-
- Herbert Jacob, Editor
- Department of Political Science
- Northwestern University, Evanston, Il. 60208
- E-mail: mzltov@nwu.edu
-
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-
- DRUGS, LAW AND THE STATE by Harold H. Traver and Mark S. Gaylord
- (Editors). New Brunswick, N. J.: Transaction Press. 1992. 176
- pp. Cloth $32.95.
-
- Reviewed by Dean G. Rojek, Department of Sociology, University of
- Georgia.
-
- This slender work is comprised of nine essays on drug control
- policy from a cross- cultural perspective. These essays were
- originally prepared for a conference on crime, drugs and social
- control held at the University of Hong Kong in 1988. The nine
- essays presented in this volume are divided into three sections.
- Part I is entitled "Drug Control Policy and the State;" Part II is
- entitled "The Political Economy of Drugs;" and Part III is
- entitled "Future Directions." Collectively this book purports to
- represent an analysis of drug policy in the United States,
- Scandinavia, Spain, Finland, Hong Kong, Japan, and one essay
- focuses on the international character of drugs and organized
- crime. Because of the disparate nature of the topic and the
- unconnected nature of the individual essays, a summary review is
- difficult to formulate but an attempt will be made to assess the
- merits of the individual essays.
-
- In Part I, "Drug Control Policy and the State," four papers
- examine drug control policy in relation to the interests of the
- state. In the first essay by William J. Chambliss, entitled "The
- Consequences of Prohibition: Crime, Corruption, and International
- Narcotics Control," the argument is set forth that the failures of
- the prohibition era have become institutionalized in drug
- legislation enacted since the 1930s. International cartels have
- emerged and the economies of entire nation-states have become
- dependent on illicit drugs. Drug profits have risen to the point
- that the illicit drug enterprise has become on the most important
- industries in the world. Chambliss presents an intriguing argument
- that the U.S. Central Intelligence Agency has long been implicated
- in drug smuggling in order to finance the purchase of military
- weapons that have been clandestinely shipped to insurgent groups in
- Nicaragua and Iran. He suggests that the only way to attack the
- issue of corruption and the rampant use of drugs is to have some
- form of legalization. Chambliss acknowledges that this will not
- solve the problem but it will cut back on corruption and allow the
- medical community to become more involved in drug treatment.
-
- The next three essays in Part I are less stimulating than
- Chambliss' discussion but still provide an informative examination
- of the drug problem from a European perspective. The essay by
- Jergen Jepsen is entitled "Drugs and Social Control in Scandinavia:
- A Case Study in International Moral Entrepreneurship." Scandinavia
- is being subjected to significant international pressure to mount
- a "war on drugs" and see drug use as a social problem. In the
- 1960s the Scandinavian countries took a tolerant position regarding
- drug involvement but in 1968 legislation began to emerge and
- criminal penalties for the use of illicit drugs became
- progressively more severe. Concerted international pressure
- calling for a "drug-free Scandinavia" has led to a progressive
- increase in prison sentences for drug trafficking. Jepsen suggests
- a certain moral panic regarding the use of drugs and a growing
- sense of international solidarity. For countries that have a more
- liberal tradition in the area of drug control, an international
- moral imperialism is threatening the hegemony of those countries
- that do not share the tough-minded, "crime fighting" approach
- toward drug use. Jepsen concludes with admonition of the dangers
- of a "storm trooper" mentality that is becoming to be the hallmark
- of the international community in the area of drug control.
-
- Axel Reeg in his essay "Drugs and the Law in Post-Franco
- Spain" gives a glimpse of the extent of drug use in Spain. With
- strong ties to Latin America and its close proximity to North
- Africa, Spain has become a major market in drug trafficking.
- Stiffer penalties for drug trafficking have been added to the
- criminal code in response to the perception of a growing drug
- problem. Surprisingly, there is increasing discussion of
- legalization in Spain but Reeg does not give a clear indication
- where Spain is headed in the matter of drug control. Reeg's essay
- is far too
-
- Page 58 follows:
-
- cryptic and does not add any new insights to the overall theme of
- the book. Similarly, the fourth essay in Part I by Ahti Laitinen
- entitled "Finnish Drug Control: Change and Accommodation" is quite
- descriptive but does not add intellectual weight to the book.
- Finland does not seem to have a major problem with illicit drugs,
- and Laitinen states that the harm caused by drug use is relatively
- small. As with the previous essay, few new insights emerge other
- than descriptive information on drug legislation and drug use in
- Finland.
-
- Part II of this volume in entitled "The Political Economy of
- Drugs" and contains four papers that examine the political-economic
- nexus of the drug trade industry. Mark S. Gaylord in his essay,
- The Chinese Laundry: International Drug Trafficking and Hong
- Kong's Banking Industry" asserts that Hong Kong is the source of
- much of the world's supply of heroin. Chinese triads or secret
- societies play a central role in narcotics trade as skilled
- chemists. Hong Kong's banking industry serves as a major conduit
- for drug money and according to Gaylord has become the "Switzerland
- of Asia." This financial industry is augmented by a vast army of
- attorneys who specialize in international business and finance.
- Hong Kong's banking laws ensure that records and accounts are
- confidential complicating any "paper trail" in switching funds from
- one account to another. Gaylord describes many ingenious aspects
- of money laundering in Hong Kong that gives drug traffickers almost
- complete safety. One wonders what will happen to this vast drug
- industry in 1997 when the Chinese take over control of Hong Kong,
- but Gaylord does not speculate on this point.
-
- Masayuki Tamura's essay on "The Yakuza and Amphetamine Abuse
- in Japan" is enlightening if for no other reason than so little is
- discussed about drug problems in Japan. The Yakuza is something of
- a nationwide crime syndicate. Japan's drug problem is primarily in
- the area of stimulant abuse and the Yakuza are at the center of a
- highly-organized stimulant distribution system. The second half of
- Tamura's discussion entails several interviews with dealers but
- little insight is gained from these interviews. In a concluding
- section, Tamura briefly discusses the low probability that drug
- abuse will be decriminalized. First, the Yakuza stand at the
- center of Japan's drug network and seem to effectively police the
- use and distribution of drugs. Secondly, the Japanese themselves
- do not see drug abuse as a major problem and are reasonably content
- to leave the law enforcement system alone. Finally, the average
- Japanese citizen fears and respects the power of the Yakuza and any
- police action against this entrenched crime syndicate is not
- likely.
-
- The third essay in this section by Ernesto Ugo Savona is
- entitled "The Organized Crime/Drug Connection: National and
- International Perspectives." The main thesis of this presentation
- is that drug trafficking operates on an international level and
- surpasses the policing capabilities of individuals countries.
- Traditional approaches to combat organized crime have not worked
- because of a lack of international cooperation. Savona's comments
- are hardly original and fail to add anything new to a complex
- phenomenon of global social control.
-
- The fourth and last essay in this section is by Harold Traver
- entitled "Colonial Relations and Opium Control Policy in Hong Kong,
- 1841-1945." The focus of this discussion is how the Hong Kong
- government initially developed a strong dependence on the sale of
- opium and then after 1945 suddenly developed a punitive stand on
- drug trafficking. Initially the sale and distribution of opium
- became a government monopoly after the Second Opium War (1856-58).
- However, an anti-opium movement began in the late nineteenth
- century and international pressure was brought to bear on the Hong
- Kong government. In 1943 the Hong Kong government re-classified
- opium as a dangerous drug and restricted its sales and
- distribution. Unfortunately Traver does not spell out in any great
- detail precisely how opium was transformed from a revenue-producing
- substance to a dangerous drug. The reader will hunger for more
- information than the glib response that "colonies are especially
- sensitive to outside
-
- Page 59 follows:
-
- pressures."
-
- The final section of the book is entitled "Future Directions"
- but contains only one brief essay. John Galliher in a concluding
- chapter "Illegal Drugs: Where We Stand and What We Can Do"
- proposes several practical and gradual steps that the U.S.
- government could take in addressing the drug problem. Alcohol and
- tobacco are serious drugs but yet are relatively immune from any
- concerted law enforcement policy. Similarly, powerful drug lobbies
- have protected amphetamines and barbiturates from effective legal
- control. Marijuana on the other hand has been traditionally a
- target for drug enforcement. Galliher asserts that continued
- prohibition of marijuana results in the loss of tax revenues and
- the potential use of this drug in medical research. Heroin use is
- decreasing possibly because of increased use of cocaine but
- Galliher does not elaborate to any great extent what implications
- are to be drawn from this. No sooner does Galliher wet the
- appetite of the reader but then he concludes. In his conclusion he
- argues that "many drug control policies have been irrational and
- counterproductive." He suggests that gradual decriminalization
- might be the only logical avenue, followed by gradual legalization.
-
- Overall the contribution of this volume to the understanding
- of the drug problem worldwide is mixed. Some of the essays are
- intellectually stimulating and present new and innovative
- approaches to the drug phenomenon. Other essays are far too
- underdeveloped or reiterate what is already known. The volume
- itself is far too brief to adequately address the drug problem but
- is further hindered by the uneven quality of the individual essays.
- This is not to infer that these essays are to be dismissed but
- rather that they do open some new areas in the general topic of
- drug control. However, the book barely dents where it should
- provide breakthroughs in addressing this topic.
-
-
-
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