Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- PART I History
- PART II Law
- PART III Justice
- 24 The right to know
- 25 The moral economy of judicial review
- 26 Policy and law
- 27 Responsibility and the law
- 28 The Crown in its own courts
- 29 Human rights – who needs them?
- 30 Fundamental values – but which?
- 31 Overcoming pragmatism
- 32 Sex, libels and video-surveillance
- 33 This beats me
- 34 Public inquiries: a cure or a disease?
- 35 Human rights: a twenty-first century agenda
- 36 Are human rights universal, and does it matter?
- 37 Bringing rights home: time to start a family?
- 38 The four wise monkeys visit the marketplace of ideas
- Index
33 - This beats me
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Acknowledgements
- PART I History
- PART II Law
- PART III Justice
- 24 The right to know
- 25 The moral economy of judicial review
- 26 Policy and law
- 27 Responsibility and the law
- 28 The Crown in its own courts
- 29 Human rights – who needs them?
- 30 Fundamental values – but which?
- 31 Overcoming pragmatism
- 32 Sex, libels and video-surveillance
- 33 This beats me
- 34 Public inquiries: a cure or a disease?
- 35 Human rights: a twenty-first century agenda
- 36 Are human rights universal, and does it matter?
- 37 Bringing rights home: time to start a family?
- 38 The four wise monkeys visit the marketplace of ideas
- Index
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 SparksEssays On Law and Justice, pp. 325 - 334Publisher: Cambridge University PressPrint publication year: 2011