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Judicial Review, Volume 11, Issue 3, September 2013

NCJ Number
Judicial Review Volume: 11 Issue: 3 Dated: September 2013 Pages: 245-347
Gerard Brennan; Sundaresh Menon; M.J. Beazley; Keith Mason; Sharon Roach Anlue; Kathy Mack
Date Published
September 2013
103 pages
The five articles in this issue of "The Judicial Review," published by the Judicial Commission of New South Wales (Australia), reflect upon the lessons learned by an Australian judge after a "life in the law;" discuss finance, property, and business litigation in a changing world; explore the distinction between questions of fact and law; address the human sides of the law; and consider the relationship between judicial authority and emotions.
"Lessons from a Life in the Law" discusses two lessons: that law and community moral standards must match; and the beliefs, customs, and practices of a multicultural society must be accommodated in a single legal system. The article on "Finance, Property, and Business Litigation in a Changing World" considers how the law should respond to the changing realities of the transnational business environment. It argues that the courts should, where possible, aim to achieve the harmonization of commercial law, while recognizing that this many not be possible where there are countervailing domestic imperatives and institutions other than the courts may be in a better position to balance the relevant considerations. "The Distinction between Questions of Fact and Law: A Question without Answer?" analyzes the issues that arise when a reviewing or appellate court is required to distinguish between a question of fact and a question of law. The author reviews the nature of the court's jurisdiction and explores the various stages of the decisionmaking process at which the issue arises. "The Human Sides of the Law" considers how judges inevitably and legitimately bring their personal values into their decisionmaking about the law. "Judicial Authority and Emotion Work" draws on empirical research to demonstrate judges' attitudes toward and experiences of emotion in their work. Notes accompany each article.


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