The Art and Craft of Judgment Writing

A Primer for Common Law Judges

Max Barrett (Autor)

Buch | Hardcover

373 Seiten

2022
Globe Law and Business Ltd (Verlag)
978-1-78742-857-7 (ISBN)

Infos

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; and
there 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; and
a 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.

Inhalt

Preface 5
Sir Robin Jacob
University College London

Foreword 7
Mr Justice Max Barrett

Part I: The theory of the art and craft of judgment writing 13
1. On judgments 15
2. Judgments: purpose and audience 29
3. Judgment length 39
4. Judgment style 47
5. Judgment structure 79
6. Dissenting and concurring judgments 103
7. Children, families and immigrants 119
8. Authors and judges 135

Part II: The practice of the art and craft of judgment writing 151
9. Three great and pioneering women judges: Justices O’Connor, Ginsburg and Wilson 153
10. Three great American judges: Justices Holmes, Jackson and Scalia 187
11. Three great British judges: Lords Atkin, Denning and Bingham 219
12. Some great judges from the wider common law world 253

Part III: Ex tempore judgments 285
13. The art and craft of ex tempore judgments 287

Appendix: The judgment as the art of truth 303

Table of cases 309

Select bibliography 315

Index 353

About the author 371

About Globe Law and Business 373

Produkt-Details

• Erscheinungsdatum: 22.04.2022
• Verlagsort: London
• Sprache: englisch
• Maße: 160 x 240 mm
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Berufs-/Gebührenrecht
• ISBN-10: 1-78742-857-5 / 1787428575
• ISBN-13: 978-1-78742-857-7 / 9781787428577
• Zustand: Neuware