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Book review: Law in a time of crisis

14 May 2021 / Alec Samuels
Issue: 7932 / Categories: Features , Profession
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48984
  • Author: Jonathan Sumption
  • Publisher: Profile Books Ltd
  • ISBN: 9781788167116
  • Price: £16.99

Released from the restraints of judicial office, Lord Sumption is once again a free spirit, crisply, elegantly, logically and challengingly examining our cherished legal institutions and theories and practices. It is a pity that Lord Sumption is not a real lord anymore, not eligible as a retired law lord to sit in the legislature.

As good old Lord Denning used to say, a good judge has to be more than a mere lawyer—he must be a man of science or maths or history or literature or philosophy or whatever. Sumption was eminently well qualified—a scholarly historian, especially in mediaeval history, of real repute. Aristotle, Coke, Dicey, Marx, Hemingway, all are quoted, among others. He found the old law reports and the Oxford Dictionary of National Biography very useful in his cases. As a distinguished historian, he did not approve of statue wreckers; rage against the past is pointless.

Diversity in the judiciary has become

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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