The Business of Judging

The Business of Judging : Selected Essays and Speeches

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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.

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Product details

  • Hardback | 452 pages
  • 160 x 238 x 34mm | 839.14g
  • Oxford University Press
  • Oxford, United Kingdom
  • English
  • New.
  • 0198299125
  • 9780198299127
  • 1,023,765

Review quote

... beautifully written: scholarly, cogently argued, humorous, and humane. Counsel, August 2001 exceptionally thoughtful and illuminating Marcel Berlins, The Guardian fine collection of essays and speeches Florence O'Donoghue, The Spectator

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About Tom Bingham

Tom Bingham is The Right Honourable Lord Bingham of Cornhill and Senior Law Lord

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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

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