The Business of Judging: Selected Essays and Speeches: 1985-1999 by Tom BinghamThe Business of Judging: Selected Essays and Speeches: 1985-1999 by Tom Bingham

The Business of Judging: Selected Essays and Speeches: 1985-1999

byTom Bingham

Paperback | September 26, 2011

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Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. The Business of Judging collects Bingham's most important writings during his period injudicial office before the House of Lords.The papers collected here offer Bingham's views on a wide range of issues, ranging from the ethics of judging to the role of law in a diverse society. They include his reflections on the main contours of English public and criminal law, and his early work on the incorporation of the EuropeanConvention on Human Rights and reforming the constitution.Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding the role of the law and courts in public life for the general reader.
The late Tom Bingham, who died in September 2010, was arguably the most notable English judge of the twentieth century. An outspoken supporter of the Human Rights Act 1998, he held many of the most senior roles in the judiciary, acting as Queen's Bench judge, Lord Justice of Appeal, Master of the Rolls, Lord Chief Justice of England an...
Title:The Business of Judging: Selected Essays and Speeches: 1985-1999Format:PaperbackDimensions:448 pagesPublished:September 26, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199693358

ISBN - 13:9780199693351

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Rated 5 out of 5 by from Bingham's Accessible Style... OF JUDGING SET IN PRINT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The late Tom Bingham has been described, rightly, as a towering figure in modern British public life as a judge who is “accessible” to our generation of lawyers and jurisprudents. “The Business of Judging” is an important step forward in breaking down the massive barriers which have existed in the past over what judges actually do, how they think and what views they have outside the confines of their delivered judgments. So, here we have a series of papers collected together spanning the years 1985 to 1999 which set out Bingham’s views on a wide range of matters. The book is of immense value to legal scholars because it gives us an insight for our diverse society with views on the ethics of judging to the rule of law (a favourite theme for him). Bingham also delivers reflections on the main contours of English public and criminal law which always remain highly debatable and controversial. No mention of Tom Bingham can be made with reference to his most important legal contribution to the incorporation of the European Convention on Human Rights into UK law and the big question of constitutional reform. This book sets out some of his fullest statements and early writings for this controversial subject, and his views on the role of the judiciary and the ethics of judging will be particularly relevant to jurisprudence and great help to exam students! We would mention other works from Bingham which relate to this excellent collection thoughts, namely, ‘The Rule of Law’ written just before he died and what can be called the sister volume to this book called ‘Lives of the Law’ which are his later selected essays and speeches since 2000. Its right to say that Bingham’s engaging writing and delivery styles will appeal to judges, barristers and solicitors, and any commentators and observers interested in constitutional, social and public affairs. He’s also an extremely helpful guide to the working of the law today and his thoughts give us a much better understanding of the role of law in contemporary society, and how the courts are now moving forward as modernization is well and truly underway. The last word goes to Tom Bingham from the Preface to this work written in 2000. He explains that judges are often invited to give lectures on subjects with a legal slant, or to contribute papers for legal conferences. He says, many have to be declined, but some are accepted possibly because the request comes from someone who is hard to refuse. We are very glad he has accepted the invitation to put his views forward as the requests from the public have been well answered here. Thank you!
Date published: 2011-10-09

Table of Contents

Part I: The Business of Judging1. The Judge as Juror: The Judicial Determination of Factual Issues2. The Judge as Lawmaker: An English Perspective3. The Discretion of the JudgePart II: Judges in Society1. Judicial Independence2. Judicial EthicsPart III: The Wider World1. `There is a World Elsewhere': The Changing Perspectives of English Law2. Law in a Pluralist Society3. Speech on the Jubilee of the Supreme Court of IndiaPart IV: Human Rights1. The European Convention on Human Rights: Time to Incorporate2. Opinion: Should there be a Law to Protect Rights of Personal Privacy?3. The Way We Live Now: Human Rights in the New Millennium4. Tort and Human RightsPart V: Public Law1. Should Public Law Remedies be Discretionary?2. The Old Despotism3. Mr Perlzweig, Mr Liversidge, and Lord AtkinPart VI: The Constitution1. The Courts and the Constitution2. Anglo-American ReflectionsPart VII: The English Criminal Trial1. The English Criminal Trial: The Credits and the Debits2. Justice and Injustice3. Silence is Golden - or is it?4. A Criminal Code: Must We Wait for Ever?Part VIII: Crime and Punishment1. The Sentence of the Court2. Justice for the Young3. The Mandatory Life Sentence for Murder4. Speech on the Second Reading of the Crime (Sentences) BillPart IX: Miscellaneous1. Address to the Centenary Conference of the Bar2. Who Then in Law is my Neighbour?3. The Future of the Common Law4. Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre5. Address at the Service of Thanksgiving for Rt Hon Lord Denning OM

Editorial Reviews

"exceptionally thoughtful and illuminating" --Marcel Berlins, The Guardian