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22 November 2024 / John Gould
Issue: 8095 / Categories: Opinion , Rule of law , Profession
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A legal path to injustice?

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In a system ruled by immoral leaders, it may be fanciful to believe that lawyers can or will make a difference: John Gould considers a chilling lesson from history

As lawyers, we pride ourselves that we are independent, act with integrity and uphold the rule of law. However, history suggests that when the law itself is captured by immoral or illiberal forces, lawyers and judges may become more or less reluctant servants of the new order.

Dictatorship is not necessarily the product of violence or revolution; sometimes it grows out of democratic constitutions in states which espouse the rule of law and have embedded within them independent lawyers and judges. Although the decline into autocracy may be incremental, that does not mean it is inevitably slow. A handful of years can be enough for even the most civilised of societies to be subverted.

Law is a system of governance by which politics is played out. A legalist philosopher might have said that law and morality should be completely separate because

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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