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Lord Denning - Friend or Foe?

  • 08-08-2008 6:06pm
    #1
    hada
    Registered Users, Registered Users 2 Posts: 699 ✭✭✭


    Probably the most controversial of all the english judges (well of the last century anyway) but at the same time, probably one of the most influential. All one has to do is look to his influence on the modern laws of equity and trusts to see exactly the impact and type of reforms (whether bad or not), i.e. remedial constructive trust, family assets doctrine, etc etc, that he pioneered (albeit sometimes borrowed from other common law jurisdictions).

    But at the same time, from an Irish perspective (especially throughout the troubles up north with the IRA), was there ever a judge who in a single paragraph could incite so much hatred among republicans?

    Anyway, thoughts/additions/opinions would be much appreciated!


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Is your question relating to Denning or Irish judges?


  • #3
    hada
    Registered Users, Registered Users 2 Posts: 699 ✭✭✭hada


    Tom Young wrote: »
    Is your question relating to Denning or Irish judges?

    well Denning's L. approach on law generally - of course this would have an effect on Irish jurisprudence/general attitudes.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Hmmm....http://www.boards.ie/vbulletin/showthread.php?t=2054912458&highlight=denning


  • #5
    hada
    Registered Users, Registered Users 2 Posts: 699 ✭✭✭hada


    johnnyskeleton wrote: »
    Hmmm....http://www.boards.ie/vbulletin/showthread.php?t=2054912458&highlight=denning

    thread from 2006... will remember to search before I post a new thread again :rolleyes:


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    hada wrote: »
    thread from 2006... will remember to search before I post a new thread again :rolleyes:

    In fairness it's such an esoteric title that I'm amazed that two different peoplecame up with the same idea.

    As for Denning, I think he is probably appreciated more as an academic than a pragmatic judge. He had a lot of radical ideas, but he probably intellectuallised cases so that he could write a clever judgement rather than simply find a correct and just result. And as for the High Trees, that is the prime example of the addage tough cases make bad law, but yet he tried to make it a landmark decision.


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  • #7
    Spike440
    Registered Users, Registered Users 2 Posts: 527 ✭✭✭Spike440


    You can't beat Miller v. Jackson for a good read though.


  • #8
    hada
    Registered Users, Registered Users 2 Posts: 699 ✭✭✭hada


    johnnyskeleton wrote: »
    In fairness it's such an esoteric title that I'm amazed that two different peoplecame up with the same idea.

    debate on one of the most eminent members of the Common Law World's judiciary in a legal discussion forum - esoteric?...hmm
    johnnyskeleton wrote: »
    As for Denning, I think he is probably appreciated more as an academic than a pragmatic judge. He had a lot of radical ideas, but he probably intellectuallised cases so that he could write a clever judgement rather than simply find a correct and just result. And as for the High Trees, that is the prime example of the addage tough cases make bad law, but yet he tried to make it a landmark decision.

    Denning did always try and push the envelope, so to speak with decisions (a la High trees) often times sacrificing common sense (to some people) for this whole and elusive ideas of "just and conscionable results". Personally I liked the man's thinking outside the box, a thing our judiciary could well do with a dose of.

    And I thought the adage was more like, simple law doesn't always make good law (to coin O'Dell).


  • #9
    hada
    Registered Users, Registered Users 2 Posts: 699 ✭✭✭hada


    Spike440 wrote: »
    You can't beat Miller v. Jackson for a good read though.

    Undoubtedly - somehow I definitely could not see our own judiciary basing a decision on the continued enjoyment of games of hurling/football in any substantive way! (and if they did, they would definitely get a thumbs up from me)

    You know Denning actually started out in the maths/physics area of study before moving onto the bar. Impressive imho.


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