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The Business of Judging


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Table of Contents

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 Rt Hon Lord Denning OM

About the Author

The late Tom Bingham, who died in September 2010, was arguably the most notable English judge of the twentieth century. An outspoken supporter of the Human Rights Act 1998, he held many of the most senior roles in the judiciary, acting as Queen's Bench judge, Lord Justice of Appeal, Master of the Rolls, Lord Chief Justice of England and Wales, and Senior Law Lord, before his retirement in 2008.


`Lord Bingham...considers some of the most contentious social issues of our day, and for that reason should be on the reading list of every civilised citizen, especially every politician and tabloid journalist' Law Quarterly Review `The current collection of lectures, speeches and essays makes full use of Lord Bingham's wide range of insights. ... the historical aspect of the book is one of its more captivating qualities ... a thoroughly enjoyable book ... ideally suited to the general reader, whether lay person or lawyer, who wants to know a little about a lot of subjects. The book is well written - always clear and concise, often insightful and amusing - and well researched ...' The Cambridge Law Journal, 2001 `The Judge as Lawmaker and The Discretion of the Judge, are elegantly and cogently written and will appeal to lay people, as well as to lawyers.' Martin Mears, New Law Journal `... beautifully written: scholarly, cogently argued, humorous, and humane' Counsel, August 2001 `exceptionally thoughtful and illuminating' Marcel Berlins, The Guardian

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