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This beats me

Stephen Sedley: The Drafter’s Contract, 2 April 1998

Statutory Interpretation 
by Francis Bennion.
Butterworth, 1092 pp., £187, December 1997, 0 406 02126 0
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Law and Interpretation 
edited by Andrei Marmor.
Oxford, 463 pp., £18.99, October 1997, 0 19 826487 9
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Equality before the Law: Deaf People’s Access to Justice 
by Mary Brennan and Richard Brown.
Deaf Studies Research Unit, University of Durham, 189 pp., £17.50, October 1997, 0 9531779 0 4
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... So, then,’ says a founding father, quill poised, to the founding fathers around him in Gary Larson’s cartoon, ‘Would that be “Us the people” or “We the people”?’ If deciding what to write is tough, interpreting what gets written is tougher. Turgid texts need unravelling; obscure provisions need deciphering; occasional nonsense needs correcting; perfectly clear texts may be impossible to apply to novel situations ...

I have no books to consult

Stephen Sedley: Lord Mansfield, 22 January 2015

Lord Mansfield: Justice in the Age of Reason 
by Norman Poser.
McGill-Queen’s, 532 pp., £24.99, September 2013, 978 0 7735 4183 2
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... In March​ 1718, 13-year-old William Murray, the 11th of Viscount Stormont’s 14 children, set off from the family seat at Scone, near Perth, on a pony. The journey to London, which he made alone, took him almost two months, and it is probable that he never saw Scotland again. Although it was a bare three years since the first Jacobite Rising had attempted to place the Old Pretender, James Edward Stuart, on the throne, and although the Murrays were well-known Jacobites, the family was well enough connected to ensure that, when he reached London, William was able to enter Westminster School and then Christ Church, Oxford, at both of which he shone as a scholar ...

Whose Justice?

Stephen Sedley, 23 September 1993

The Report of the Royal Commission on Criminal Justice 
HMSO, 261 pp., £21.50, July 1993, 0 10 122632 2Show More
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... It used to be said in Whitehall that the first job of a royal commission was to lay down a decent cellar. Royal commissions were grand affairs, the Rolls Royces of public deliberation, with a pedigree almost a thousand years long. Some four hundred of them were set up during the 19th century, and almost a hundred and forty in the first three-quarters of this century ...

Doctor in the Dock

Stephen Sedley, 20 October 1994

Medical Negligence 
edited by Michael Powers and Nigel Harris.
Butterworth, 1188 pp., £155, July 1994, 0 406 00452 8
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... I used occasionally to lecture to doctors at the Institute of Orthopaedics on giving expert evidence. With a hierarchical propriety that would have done the legal profession credit, the audience would arrange itself in order of seniority, consultants in the front row, registrars behind and so on. The occasion I enjoyed most was when I stayed to listen to the next lecture, ‘On Alleged Medical Negligence’, delivered by George Bonney, a laconic orthopaedic surgeon with long experience on the governing body of the Medical Defence Union ...

Where will the judges sit?

Stephen Sedley: What will happen to the Law Lords?, 16 September 1999

The House of Lords: Its Parliamentary and Judicial Roles 
edited by Brice Dickson and Paul Carmichael.
Hart, 258 pp., £30, December 1998, 1 84113 020 6
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Constitutional Futures: A History of the Next Ten Years 
edited by Robert Hazell.
Oxford, 263 pp., £17.99, January 1999, 0 19 829801 3
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The Law and Parliament 
edited by Dawn Olivier and Gavin Drewry.
Butterworth, 219 pp., £15.95, September 1998, 0 406 98092 6
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Crown Powers: Subject and Citizens 
by Christopher Vincenzi.
Pinter, 343 pp., £47.50, April 1998, 1 85567 454 8
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... When, some years ago, the Bar’s dining room at the House of Lords was closed and barristers appearing before the Law Lords were given permission to use the Peers’ dining room, younger barristers became quite badly disoriented by seeing elder statesmen who they were confident had been dead for many years lunching at the next table. What they didn’t always appreciate was that it was thanks to a similar cryogenic process that the Law Lords themselves were hearing appeals – as they still are ...

Plimsoll’s Story

Stephen Sedley, 28 April 2011

The Oxford History of the Laws of England 1820-1914: Vol. XI, English Legal System; Vol. XII, Private Law; Vol. XIII, Fields of Development 
edited by William Cornish et al.
Oxford, 3571 pp., £495, February 2010, 978 0 19 925883 3
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... Defying the advice of the King of Hearts to the White Rabbit, the Oxford History of the Laws of England began in the middle, with the publication in 2003 of its magisterial sixth volume, written by the general editor, John Baker, and covering the years 1483-1558. It then went back to the beginning, with R.H. Helmholz’s opening volume on early canon law ...

No Ordinary Law

Stephen Sedley: Constitution-Makers, 5 June 2008

... If you had asked an 18th or 19th-century Englishman about his country’s constitution, you would not have got the baffled look you get today. The belief that a constitution is a document and that we do not have one is a comparatively recent phenomenon. Mr Podsnap was in no doubt whatever about the reality of a constitution that nobody could actually see: ‘And Do You Find, Sir,’ pursued Mr Podsnap, with dignity, ‘Many Evidences that Strike You, of our British Constitution in the Streets of the World’s Metropolis, London, Londres, London?’ The foreign gentleman begged to be pardoned, but did not altogether understand ...

Persons Aggrieved

Stephen Sedley, 22 May 1997

... not being a person, could not be a fit person of full age. One of the judges, Sir James Fitz-james Stephen, applied the same reasoning that had been used in relation to the franchise: because women had never been able to hold public office, clearer language than this would be needed to change things. (It was the same judge who not long afterwards and without a ...

Above it all

Stephen Sedley, 7 April 1994

Suing Judges: A Study of Judicial Immunity 
by Abimbola Olowofoyeku.
Oxford, 234 pp., £27.50, December 1993, 0 19 825793 7
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The Independence of the Judiciary: The View from the Lord Chancellor’s Office 
by Robert Stevens.
Oxford, 221 pp., £25, November 1993, 0 19 825815 1
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... For some reason the Mansion House was not struck by a thunderbolt on the night in 1936 when the Chief Justice, Lord Hewart, told the guests at the Lord Mayor’s Dinner: ‘His Majesty’s Judges are satisfied with the almost universal admiration in which they are held.’ Or, for that matter, on the same occasion in 1953 when the Lord Mayor told the diners: ‘Her Majesty’s judges have a greater understanding of human nature than any other body of men in the world ...

What Bill and What Rights?

Stephen Sedley, 5 June 1997

... There is no reason in theory why the current relationships between legislature, courts and executive government should not continue indefinitely. The tensions between the component elements of the state have never in three centuries reached the point of fracture; indeed, because each element depends on the others, there is a governing incentive not to let this happen ...

How Laws Discriminate

Stephen Sedley: The Law’s Inequalities, 29 April 1999

... One law for the Lion & Ox,’ wrote Blake, ‘is oppression.’ He was describing in his oblique way what Anatole France a century later described more brutally as ‘the majestic even-handedness of the law, which forbids rich and poor alike to sleep under bridges, to beg in the streets and to steal bread.’ France’s English contemporary Lord Justice Mathew made the point in more genteel terms: ‘In England,’ he said, ‘justice is open to all, like the Ritz ...

Howzat?

Stephen Sedley: Adversarial or Inquisitorial?, 25 September 2003

The Origins of Adversary Criminal Trial 
by John Langbein.
Oxford, 376 pp., £30, February 2003, 0 19 925888 0
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Archbold: International Criminal Courts 
edited by Rodney Dixon, Richard May and Karim Khan.
Sweet and Maxwell, 1000 pp., £125, December 2002, 0 421 77270 0
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... Three hundred years ago an Englishman charged with, say, robbery could expect to be interrogated by a local magistrate, held in jail until the King’s justices next rode in on circuit, arraigned before a jury of local property-owners on an indictment he had never seen, and tried in less than an hour. He would not be allowed legal representation even if he could afford it ...

No More Victors’ Justice?

Stephen Sedley: On Trying War Crimes, 2 January 2003

... On 11 August 1942 Joseph Bursztyn, a doctor in the French Resistance, was executed as a hostage in reprisal for Resistance attacks on German troops occupying Paris. The previous month his wife had been arrested by the Vichy police and deported to the German death camps. Their small daughter, Claire, who was saved by neighbours, this summer saw Maurice Papon, who was responsible for her mother’s deportation, released after less than three years in prison ...

Towards a Right to Privacy

Stephen Sedley: What to do with a prurient press?, 8 June 2006

... There are some who will have taken a sadistic pleasure in the failure of the recent attempt by the News of the World’s undercover reporter Mazher Mahmood, the ‘fake sheikh’, to prevent George Galloway from publishing photographs of him on the internet. But those who are keen to see privacy protected by law were making a mistake if they cheered or jeered at the court’s refusal to protect Mahmood from the kind of exposure to which his paper regularly subjects others ...

When should a judge not be a judge?

Stephen Sedley: Recuse yourself!, 6 January 2011

... Few people in this country, I would guess, reading this headnote to the official report of a recent decision of the US Supreme Court, would regard it as a difficult case: After a West Virginia jury found respondents, a coal company and its affiliates (hereinafter Massey), liable for fraudulent misrepresentation, concealment, and tortious interference with existing contractual relations and awarded petitioners (hereinafter Caperton) $50 million in damages, West Virginia held its 2004 judicial elections ...

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