July 22, 2010

Tablets of stone, mediaeval chains

Filed under: Uncategorized — ruleswatch @ 10:55 pm

• The issues herein are challenging, stimulating and provocative. It has been said that the law is ‘a mirror of progressing life and not an unchanging panel of words graven on tablets of stone. The law must be a living science instead of a set of archaic dogmas and doctrines’: per the late Holmes C.J. of the United States.
• “Lord Atkin, in United Australia Ltd. v. Barclays Bank Ltd., [1941] A.C. 1 at 29, [1940] 4 All E.R. 20 (H.L.), told us what to do:
• “‘When these ghosts of the past stand in the path of justice, clanking their mediaeval chains, the proper course for the Judge is to pass through them undeterred.’
• “‘Some care too much for the Law and too little for Justice. They have become technicians spelling out the meaning of words, instead of being, as they should be, men of spirit and vision, leading the people in the way they should go, making the Law fit for the times in which we live.'”


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