The Business of Judging Selected Essays and Speeches

by Bingham, Tom

• ISBN13: 9780198299127
• ISBN10: 0198299125
• Format: Hardcover
• Copyright: 2000-10-05
• Publisher: Oxford University Press

Summary

This book contains a selection of the essays and addresses written or given by the Senior Law Lord (as a Queen's Bench judge, Lord Justice of Appeal, Master of the Rolls, and 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

The Business of Judging	1	(53)
The Judge as Juror: The Judicial Determination of Factual Issues	3	(22)
The Judge as Lawmaker: An English Perspective	25	(10)
The Discretion of the Judge	35	(18)
Judges in Society	53	(32)
Judicial Independence	55	(14)
Judicial Ethics	69	(16)
The Wider World	85	(44)
`There is a World Elsewhere': The Changing Perspectives of English Law	87	(16)
Law in a Pluralist Society	103	(14)
Speech on the Jubilee of the Supreme Court of India	117	(12)
Human Rights	129	(52)
The European Convention on Human Rights: Time to Incorporate	131	(10)
Opinion: Should There Be a Law to Protect Rights of Personal Privacy?	141	(14)
The Way We Live Now: Human Rights in the New Millennium	155	(14)
Tort and Human Rights	169	(12)
Public Law	181	(42)
Should Public Law Remedies be Discretionary?	183	(12)
The Old Despotism	195	(16)
Mr Perlzweig, Mr Liversidge, and Lord Atkin	211	(12)
The Constitution	223	(28)
The Courts and the Constitution	225	(14)
Anglo-American Reflections	239	(12)
English Criminal Trial	251	(48)
The English Criminal Trial: The Credits and the Debits	253	(16)
Justice and Injustice	269	(16)
Silence is Golden---or is it?	285	(10)
A Criminal Code: Must We Wait for Ever?	295	(4)
Crime and Punishment	299	(54)
The Sentence of the Court	301	(14)
Justice for the Young	315	(14)
The Mandatory Life Sentence for Murder	329	(16)
Speech on the Second Reading of the Crime (Sentences) Bill	345	(8)
Miscellaneous	353	(62)
Address to the Centenary Conference of the Bar	355	(8)
Who then in Law is my Neighbour?	363	(12)
The Future of the Common Law	375	(16)
Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre	391	(18)
Address at the Service of Thanksgiving for the Rt Hon Lord Denning, OM	409	(6)
Index	415