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The Business of Judging
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The Business of Judging: Selected Essays and Speeches

Tom Bingham

Abstract

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 Englan ... More

Keywords: judges, courtrooms, judgments, Senior Law Lord, Lord Justice of Appeal, Master of the Rolls, Lord Chief Justice

Bibliographic Information

Print publication date: 2000 Print ISBN-13: 9780198299127
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198299127.001.0001

Authors

Affiliations are at time of print publication.

Tom Bingham, Author

Contents

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Front Matter

Title Pages

Preface and Acknowledgements

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 Speech on the Jubilee of the Supreme Court of India*

Part IV Human Rights

1 The European Convention on Human Rights: Time to Incorporate*

2 Opinion: 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, Mr Liversidge, 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 Service of Thanksgiving for the Rt Hon Lord Denning, OM*

End Matter

Index