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33 - This beats me

Published online by Cambridge University Press:  05 June 2012

Stephen Sedley
Affiliation:
Judiciary of England and Wales
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Summary

In 1998 I reviewed for the London Review of Books three books concerned, from very different standpoints, with interpretation: a new edition of Francis Bennion's practice manual on statutory interpretation, a volume of academic essays on law and interpretation, and a book by Mary Brennan and Richard Brown, Equality Before the Law: Deaf People's Access to Justice.

Not long before, I had tried a group of profoundly deaf teenagers on a murder charge and had seen both the difficulties which lack of hearing created in court and the skills with which the defendants and their interpreters coped with these. It is possible that, in this light, the review displayed some tetchiness towards the etherialities of academic debate.

At the time this essay was written the drafter's explanatory memorandum, the notes on clauses, became public only when they were placed after a gap of 30 years in the Public Record Office. It has since become the practice to publish explanatory notes with every parliamentary bill.

‘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.

Type
Chapter
Information
Ashes and Sparks
Essays On Law and Justice
, pp. 325 - 334
Publisher: Cambridge University Press
Print publication year: 2011

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  • This beats me
  • Stephen Sedley
  • Book: Ashes and Sparks
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511733222.034
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  • This beats me
  • Stephen Sedley
  • Book: Ashes and Sparks
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511733222.034
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • This beats me
  • Stephen Sedley
  • Book: Ashes and Sparks
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511733222.034
Available formats
×