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Denning ... watch

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  • View Poll Results: Denning ...
    Socially conscious genius
    19
    65.52%
    Pain in the rear who added reems to contract syllabus
    10
    34.48%

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    How on earth have only 3 people voted for option 2?

    Sure - he was bright, but judges aren't kings - they dont dispense Palm tree justice on the basis of whatever they think right on their moral barometer at any particular time. Without decent precedent the Common Law system is worthless. Denning all too often sacrificed certainty on the alter of his conscience.
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    I'm certainly with Lawz on this one. Having said that, an unhealthy amount of people in my year love Denning. God only knows why!!
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    (Original post by Ethereal)
    I'm certainly with Lawz on this one. Having said that, an unhealthy amount of people in my year love Denning. God only knows why!!
    Becuase he has character, because he says interesting things, because he is in a large number of seminal cases and because he appeals to our moral intuition. However, there is more to good law than that.
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    Indeed, such as certainty
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    (Original post by Lawz-)
    How on earth have only 3 people voted for option 2?

    Sure - he was bright, but judges aren't kings - they dont dispense Palm tree justice on the basis of whatever they think right on their moral barometer at any particular time. Without decent precedent the Common Law system is worthless. Denning all too often sacrificed certainty on the alter of his conscience.
    Okay, agreed. But there has to be an element of uncertainty - change demands it.
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    However, the change must be premised on something that allows for precedents to be drawn - not "in this case I think the green one should win"
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    I understand your points, but good law must be just.
    Even in a common law system it is good to have judges who crusade for common justice.
    Constitutionally dangerous though.

    Actually. To be honest, I'd be prepared to have precedent which is a mess if every judge was as intelligent, witty and easy to read as Denning.
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    (Original post by Phonicsdude)
    I understand your points, but good law must be just.
    Even in a common law system it is good to have judges who crusade for common justice.
    Constitutionally dangerous though.

    Actually. To be honest, I'd be prepared to have precedent which is a mess if every judge was as intelligent, witty and easy to read as Denning.
    Precedent which is a mess would make advising a client somewhat difficult wouldn't it?
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    Well it would allow judges, an unelected body of supremos who are not responsible to the people, the power to choose whichever option they thought best.

    Id actually be willing to give it a go for a week or three. I am completely disillusioned with our politicians.

    (Yes, I do realise it is not a practical long-term solution)
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    Lord Denning was ahead of his time.

    It is only since the inception of the Human Rights Act that judges have been able to scrutinise statutory law and issue declarations of incompatibility. This effectively acts as a barometer of how legislation effects the individual.

    Lord Denning was doing this in the 70s.

    He is quoted as saying "Parliament does it too late...it may take years and years before a statute can be passed to amend a bad law. The judge ... should make the law correspond with the justice that the case requires."

    I submit to my noble and learned friends that Lord Denning was England's first human rights activist.
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    My vote would also go for the absent "both" option.

    Lawz makes some perfectly valid criticisms of him, he did largely ignore (or perhaps he simply creatively avoided) the system of precedent to reach morally 'just' judgements and he traded in certianty for fairness; it is undisputable that he did these things but the question that remains is was he right to do so, and that is largely a personal question on what you expect from the law, if you think the law should be about certainty and definitive rules at the expense of a few cases of unjust results, then Denning was going way beyond his powers in acting the way he did. Conversely, if you believe that law is about justice and to acheive such justice requires a degree of flexibility in the law, then Denning was a great revolutionary judge who brought justice to the law in many areas.
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    (Original post by pixikicks)
    Okay, agreed. But there has to be an element of uncertainty - change demands it.
    True - but its a matter of degree. Denning's approach was far too uncertain.
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    Denning - Legend end of of!

    He fought for what he believed in and did it well.
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    (Original post by Luke C)
    Denning - Legend end of of!

    He fought for what he believed in and did it well.

    So well, in fact, that he was in the minority or overturned on appeal!!
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    possibly, Lord Denning is the most famous English judge in China. there r lots of books about him. several of them are translated by my professor in my university.
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    (Original post by dongbei)
    possibly, Lord Denning is the most famous English judge in China. there r lots of books about him. several of them are translated by my professor in my university.
    In a loosely related point, I read a quite charming biography about Denning on an Indian site. My favourite line was "The title of Master of Rolls is a highly misleading one. As if Lord Denning was the Master of the Rolls-Royce company." Brilliant stuff.

    http://www.tribuneindia.com/2000/200...trum/main4.htm
 
 
 
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