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Advocacy and Judging: Selecting Papers of Murray Gleeson

Hugh Dillon (Editor)

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Federation Press
01 September 2017
Politics & government; International law; Family law
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 maintained.

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.

CONTENTS
Foreword by the Hon James Spigelman AC  
Preface

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 
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.    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 
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 Arbitration 
32.    Some Legal Scenery 
33.    Law and Contextual Change
Edited by:   Hugh Dillon (Editor)
Imprint:   Federation Press
Country of Publication:   Australia
Dimensions:   Height: 235mm,  Width: 159mm, 
Weight:   828g
ISBN:   9781760021474
ISBN 10:   1760021474
Pages:   540
Publication Date:   01 September 2017
Audience:   College/higher education ,  Professional and scholarly ,  Further / Higher Education ,  A / AS level
Format:   Hardback
Publisher's Status:   Active
Foreword by the Hon James Spigelman AC, QC Preface 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 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. 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 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 Arbitration 32. Some Legal Scenery 33. Law and Contextual Change

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