Judges are increasingly aware that the best way of enhancing public
confidence in court systems is not only by providing a quality service
but doing so compassionately and respectfully. The art and craft of
judgment-writing is a critical element of this process. This book
looks at the judgments of historically great judgment-writers from the
US, UK and wider common law world (in particular Australia, Canada,
India, Ireland, Israel and New Zealand). It is written not from the
perspective of what the author can teach but with the aim of
identifying essential elements of good judgment-writing in great
judgments and insightful commentary.Written by Dr Max Barrett, a judge
of the High Court of Ireland, individual chapters focus on subjects
such as judgment purpose, length, style and structure, concurring and
dissenting judgments, judgment-writing for children and vulnerable
parties, as well as more general lessons in good writing offered by
great authors from Orwell to Twain. Among the lessons to be taken from
great common law judges are that:a good judgment possesses an ability
to rise above immediate facts and to see a problem in its wider
perspective;a sense of empathy/sympathy for those faring badly is
always important; andthere is nothing wrong with language that is
occasionally flowery and ornate; however, the best judgments are crisp
and persuasive.A great author such as Mark Twain teaches, for example,
that:every element of a judgment should be necessary to that judgment
and any unnecessary element excised;any person or event included in a
judgment should be included for a reason; anda judge should always use
the right word for what she wants to state, ‘not its second
cousin’.This book is intended for novice superior court judges,
their more seasoned colleagues and all with an interest in legal
writing (including legal practitioners, law teachers and law
students). Lower-court judges required to write judgments should find
the book valuable; and judges at all levels should find the additional
chapter on ex tempore judgments of use.
Les mer
A Primer for Common Law Judges
Produktdetaljer
ISBN
9781787428591
Publisert
2022
Utgave
1. utgave
Utgiver
Ingram Publisher Services UK- Academic
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter