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eBook details

• Title: Judges and Academics in the United Kingdom
• Author : Alan Rodger
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 96 KB

Description

The editors' invitation to write on the subject of judges and academic lawyers has caused me to return to a subject on which I gave a lecture in 1994. (1) At the time I was the Lord Advocate, the senior Scottish law officer. So my reflections were essentially those of an outsider. Although I had once been an academic and still retained a lively interest in academic law, I was not a practising academic lawyer; equally, I was not yet a judge. Having once been an academic and having now been a judge for some fifteen years, I have found it interesting to reflect on how the situation has developed in the intervening years. Back in 1994 I was able to agree with Lord Goffs assessment from 1986 that 'It is difficult to overestimate the influence of the jurist in England today . . .' .(2) Indeed, I felt that events since then had only served to reinforce the impression that the views of academic lawyers were being given unprecedented weight in appellate courts in Britain--and I went on to cite a series of decisions of the House of Lords in restitution, constitutional and tort cases where the work of various academics could be seen to have featured prominently in the speeches of at least some of the Law Lords. (3) I pointed out that, in Scots Law too, the work of academic lawyers had recently proved influential in the development of the Scottish law of unjust enrichment in Morgan Guaranty Trust Company of New York v Lothian Regional Council. (4)

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