Advocacy and Judging Selecting Papers of Murray Gleeson

This volume of speeches by Murray Gleeson, who served as Chief Justice of New South Wales, then of Australia, for two decades, is, as James Spigelman has put it in his foreword, “a testament to judicial leadership”. While his judgments are his most enduring and primary contribution to the law, in hundreds of occasional speeches he explained the role and importance of the rule of law, and of the institutions through which it is maintained.Although Murray Gleeson is known as a judge, he is also one of our great legal writers. The selected papers are models of elegant expression, clarity of thought, deep contemplation and scholarship. They cover several broad themes: the rule of law, advocacy, judging, legal history, the judiciary as an arm of government, the application of legal principle, and international commercial arbitration.

1. A Core Value 2. Advocacy 3. A Judicial Perspective on Cross-Examination 4. Advocacy and Judging 5. Judging the Judges 6. Judicial Selection and Training: Two Sides of the One Coin 7. A Changing Judiciary 8. Out of Touch or Out of Reach? 9. The Judicial Method: Essentials and Inessentials 10. Who Do Judges Think They Are? 11. Judicial Legitimacy 12. Australia’s Contribution to the Common Law 13. The Constitutional Decisions of the Founding Fathers 14. The Centenary of the High Court: Lessons from History 15. The Privy Council – An Australian Perspective 16. The Birth, Life and Death of Section 74 17. Legality – Spirit and Principle 18. Legal Oil and Political Vinegar 19. Magna Carta – History and Myth 20. Courts and the Rule of Law 21. Individualised Justice – the Holy Grail 22. The Future of Civil Justice – Adjudication or Dispute Resolution? 23. The Purpose of Litigation 24. Legal Interpretation – The Bounds of Legitimacy 25. Donoghue v Stevenson 26. Presuming Innocence 27. The Objectivity of Contractual Interpretation 28. Finality 29. Suing Governments 30. Transnational Litigation – Forensic Pathologies 31. Evidence in International Commercial Arbitrations: Some Issues 32. Some Legal Scenery 33. Law and Contextual Change

Hugh Dillon is an Adjunct Professor at the UNSW Law School.