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The Business of Judging: Selected Essays and Speeches

The Business of Judging: Selected Essays and Speeches


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About the Book

Judges spend their public lives in courtrooms. They speak to the public through their judgments. But senior judges are frequently invited to contribute to professional, judicial, or academic conferences or publications, on whatever topic engages the attention of the audience at the time. This book contains a selection of the essays and addresses written or given by the present Senior Law Lord (as a Queen's Bench judge, Lord Justice of Appeal, Master of the Rolls, and the Lord Chief Justice of England and Wales) over the last 15 years or so, touching on a wide range of legally related topics.

Table of Contents:
Part I: The Business of Judging 1: The Judge as Juror: The Judicial Determination of Factual Issues 2: The Judge as Lawmaker: An English Perspective 3: The Discretion of the Judge Part II: Judges in Society 1: Judicial Independence 2: Judicial Ethics Part III: The Wider World 1: `There is a World Elsewhere': The Changing Perspectives of English Law 2: Law in a Pluralist Society 3: The Supreme Court of India Part IV: Human Rights 1: The European Convention on Human Rights: Time to Incorporate 2: Should there be a Law to Protect Rights of Personal Privacy? 3: The Way we Live Now: Human Rights in the New Millennium 4: Tort and Human Rights Part V: Public Law 1: Should Public Law Remedies be Discretionary? 2: The Old Despotism 3: Mr Perlzweig, Sir John Anderson, and Lord Atkin Part VI: The Constitution 1: The Courts and the Constitution 2: Anglo-American Reflections Part VII: The English Criminal Trial 1: The English Criminal Trial: The Credits and the Debits 2: Justice and Injustice 3: Silence is Golden - or is it? 4: A Criminal Code: Must we Wait for Ever? Part VIII: Crime and Punishment 1: The Sentence of the Court 2: Justice for the Young 3: The Mandatory Life Sentence for Murder 4: Speech on the Second Reading of the Crime (Sentences) Bill Part IX: Miscellaneous 1: Address to the Centenary Conference of the Bar 2: Who Then in Law is my Neighbour? 3: The Future of the Common law 4: Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre 5: Address at the Thanksgiving Service for Lord Denning OM

About the Author :
Tom Bingham is The Right Honourable Lord Bingham of Cornhill and Senior Law Lord

Review :
`In selecting his topics, Bingham does not avoid the controversial - for instance legal aid, the right to silence, miscarriages of justice and a civil remedy for infringement of privacy. Yet the book also discusses more mundane issues relating to the daily practice of a senior judge. ... commendable and thoroughly enjoyable book ...' Modern Law Review, 1 Nov 2001 `There is much more to read in this important collection. Part III on "The Wider World" touches on some of the most sensitive issues in modern society. "Law in a Pluralist Society" is a particularly timely essay' Law Quarterly Review `Not only does this collection of essays stir some of the great issues which confront our soceity, but its elegant, often pungent, prose...and dry, often self-effacing humorous asides...makes it a pleasure to read' Law Quarterly Review `Lord Bingham...considers some of the most contentious social issues of our day, and for that reason should be on the reading list of every civilised citizen, especially every politician and tabloid journalist' Law Quarterly Review `His conclusions are always challenging, never complacent' Law Quarterly Review `The current collection of lectures, speeches and essays makes full use of Lord Bingham's wide range of insights. ... the historical aspect of the book is one of its more captivating qualities ... a thoroughly enjoyable book ... ideally suited to the general reader, whether lay person or lawyer, who wants to know a little about a lot of subjects. The book is well written - always clear and concise, often insightful and amusing - and well researched ...' The Cambridge Law Journal, 2001 `Lord Bingham ... considers some of the most contentious social issues of our day, and for that reason should be on the reading list of every civilised citizen, especially every politician and tabloid journalist ... His conclusions are always challenging, never complacent ... Part III on "The Wider World" touches on some of the most sensitive issues in modern society. "Law in a Pluralist Society" is a particularly timely essay ... Not only does this collection of essays stir some of the great issues which confront our society, but its elegant, often pungent, prose ... and dry, often self-effacing humorous asides ... makes it a pleasure to read. Literary, philosophical and historical allusions enliven the text ..' Law Quarterly Review 1 July 2001 `The Judge as Lawmaker and The Discretion of the Judge, are elegantly and cogently written and will appeal to lay people, as well as to lawyers.' Martin Mears, New Law Journal `The book provides the rare opportunity to gain insight into the courtroom from the perspective of a senior judge.' Claire Simpson, Books in the Media, 4/11/00, Main Edit.


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Product Details
  • ISBN-13: 9780198299127
  • Publisher: Oxford University Press
  • Publisher Imprint: Oxford University Press
  • Height: 242 mm
  • No of Pages: 452
  • Spine Width: 28 mm
  • Weight: 847 gr
  • ISBN-10: 0198299125
  • Publisher Date: 03 Aug 2000
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Sub Title: Selected Essays and Speeches
  • Width: 163 mm


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