Advocacy and judging : selected papers of Murray Gleeson / Hugh Dillon (editor).

Annandale, N.S.W. : The Federation Press, 2017

1st edition

87804

Judges -- Australia.

Speeches, addresses, etc.

Anthologies.

1. A core value

2. Advocacy

3. A judicial perspective on cross-examination

4. Advocacy and judging

5. Judging the judges

6. Judicial selection and training: two sides of the one coin

7. A changing judiciary

8. Out of touch or out of reach?

9. The judicial method: essentials and inessentials

10. Who do judges think they are?

11. Judicial legitimacy

12. Australia's contribution to the common law

13. The constitutional decisions of the founding fathers

14. The centenary of the High Court: lessons from history

15. The privy council: an Australian perspective

16. The birth, life and death of section 74

17. Legality: spirit and principle

18. Legal oil and political vinegar

19. Magna Carta: history and myth

20. Courts and the rule of law

21. Individualised justice: the holy grail

22. The future of civil justice: adjudication or dispute resolution?

23. The purpose of litigation

24. Legal interpretation: the bounds of legitimacy

25. Donoghue v Stevenson

26. Presuming innocence

27. The objectivity of contractual interpretation

28. Finality

29. Suing governments

30. Transnational litigation: forensic pathologies

31. Evidence in international commercial arbitrations: some issues

32. Some legal scenery

33. Law and contextual change.

This volume of speeches by Murray Gleeson, who served as Chief Justice of New South Wales, then of Australia, for two decades, is, as James Spigelman has put it in his foreword, "a testament to judicial leadership". While his judgments are his most enduring and primary contribution to the law, in hundreds of occasional speeches he explained the role and importance of the rule of law, and of the institutions through which it is maintainedition: Although Murray Gleeson is known as a judge, he is also one of our great legal writers. The selected papers are models of elegant expression, clarity of thought, deep contemplation and scholarship. They cover several broad themes: the rule of law, advocacy, judging, legal history, the judiciary as an arm of government, the application of legal principle, and international commercial arbitration. As James Spigelman acutely observes, Murray Gleeson's patient and seemingly tireless effort in explaining the significance of the rule of law and legal institutions is "a critical aspect of judicial leadership. That is particularly so in an era, such as the period covered herein, when institutions are being attacked and, even, subverted". These speeches are part of the legacy that Murray Gleeson has bequeathed to his successors in the law and to the Australian community. - Publisher's website.

Includes index.

9781760021474

xxii, 374 pages ; 25 cm