THE JURISPRUDENCE OF LORD
DENNING:
A STUDY IN LEGAL HISTORY,
VOLUMES I-III by Charles Stephens
Cambridge Scholars
Publishing, Newcastle upon Tyne
ISBN: 1-4438-1252-8
www.c.s.p.org
________________________________________________________
An appreciation by Phillip Taylor MBE, Barrister Desk
editor , ‘The Malet Street Gazette’
As one of the most influential judges
of the 20th century, this three volume work is a fine tribute
to the memory of Lord Denning. He has been described as ‘possibly the
most interesting judge of 20th century’ and this three volume work,
compiled by Dr Charles Stephens restates his judicial place as only an
historian and lawyer can adequately do.
‘I always felt reassured by Lord
Denning’s presence in our national life,’ writes Stephens. ‘At the back
of my mind, I felt that we were all safe as long as he was Master of the
Rolls,’ and he adds that the origins of this project lie with those
memories.
Stephens is primarily an historian and
writes of Denning from an historian’s, rather than necessarily, a
lawyer’s point of view. This is no bad thing when you consider the
avowedly circular argument that the decisions of judges have shaped
history, and conversely tides and trends in history which shape, or
least wield, considerable influence in shaping the decisions of judges
depending on the orthodoxy of the age.
Viewing Denning from an historian’s
eye view offers academic and general readers alike a useful perspective
on the influence judicial decisions are likely to have on the body
politic, which in turn influences everyday life – the ‘quotidian world’
as Stephens puts it.
Examples abound of how his background,
education and family life informed and influenced Denning’s attitudes
and judgments, some of which remain controversial and topical to this
day: single mums…the family…domestic violence…identity and nationality…
and notably, corruption in the City of London, so how topical can you
get when one reviews Denning decisions? So, those who follow the
machinations of City folk (good, bad, or ugly) will be positively
inspired by one of Lord Denning’s memorable utterances on hearing an
appeal in the celebrated case of a Mr. Moir v. a Dr. Wallerstein in the
mid 70s in which Lord Denning opined that
“Some say we should be neutral in
the face of public scandal. I say not so….The principle duty of a judge
is to suppress force and fraud… (and) to denounce wrongdoing…. His words
uphold the opinion of the good and shake the confidence of the wicked”.
A succinct and robust summation of the
duty and ethos of a judge, if we ever heard one, which all judges the
world over would do well to emulate.
Provided Stephens keeps Denning in the
limelight of his 650 pages of narrative, the book exerts a continuing
fascination and charm in the 3 volumes. However, Stephens does write
like an historian which explains why we got a bit confused when
perusing, for example, the second volume in which the first two chapters
on English Identity - 80 pages at least 23 of them replete with
footnotes and bibliographical references (no shortage of ibids
there) make no mention of Denning at all -- (hmmn -- at least we don’t
think he’s mentioned). Only when we get to Chapter Three did we see Tom
Denning once again taking centre stage, appropriately enough, in this
trilogy on ‘the jurisprudence of Lord Denning.’
We assume that the justification for
this oddity lies in the author’s explanation that this formidable work
proceeds from the fruits of his detailed historical research, and the
argument works to a point when viewing Denning legal philosophy during
his life and times. The cases are cited at the end of each volume rather
than the beginning which may be confusing to lawyers. However, the
bibliography is an excellent indexing of what we would describe as the
special orthodoxy of Denning’s time. This was a time we lived through
where his decisions, hated by some contemporaries and many academics,
still stand the modern test of time for practitioners. The volumes
illustrate ‘justice’ and ‘fairness’ in the matter of fact way Denning
delivered many of his judgments… with that splendid west country bur and
regularly with the twinkle in his eye which anyone who met him would
always remember!
This work in our view, tilts in the
direction of social history and commentary (and does so very
interestingly) rather than specifically to jurisprudence/ legal history
per se. But we would say that wouldn’t we as lawyers, and perhaps
infuriatingly disputatious ourselves!
Yet, what is indisputable about this
book is the author’s fondness for, and overwhelming respect for Lord
Denning and his legal and intellectual legacy.
The world a safer place with Lord
Denning- we can only wholeheartedly agree – the work defines Tom Denning
in his historic judicial place as we return to a form of new Supreme
Court orthodoxy for 21st century… at least, for the time
being until we encounter Denning’s successor and it will be a long wait!
