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"Denning retired in 1982 aged 83 when Lord Hailsham, the Lord Chancellor, said of him that it was given to few to be a legend in their own lifetime. He said that Denning's strength lay in his rugged independence and unwillingness to tolerate injustice or pettifogging technicalities in any form. The Times wrote that he had legal genius and a laudable mission to make the law accord with justice. This great judge had a passion for justice and was a doughty defender of the individual and the unprivileged. He sought to protect the common man against abuse of power, whether by the State, the Trade Unions, or the great corporations. He did what he could to help deserted wives. In 1963 the Public Orator at Cambridge said "This man considers that the rigours of laws and precedent should be tempered by human feeling for 'He who clings to the letter is clinging to a cork.' " He was sensitive to what ordinary people thought and had the common touch."
Written in Lord Denning's familiar vivid, staccato style, Landmarks in the Law discusses cases and characters whose names will be known to all readers, grouped together under headings such as High Treason, Freedom of the Press, and Murder. Thus, for example, the chapter on High Treason tells the stories of Sir Walter Raleigh, Sir Roger Casement, and William Joyce - three very different cases, the first occurring nearly 350 years before the last, but each one raising constitutional issues of the greatest importance.
The underlying theme of this book is 'that the principles of law laid down by the Judges in the 19th century - however suited to social conditions of the time - are not suited to the social necessities and social opinion of the 20th century. They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.
Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.
Lord Denning was the most famous English judge of the twentieth century. Arguably, he was the most famous of any century. His judgments were legendary for both their style and substance. The style was instantly recognisable, with his short sentences and unique method of storytelling. The substance was always less about law and more about justice, as Denning looked for the fairest outcome to every case before him. Over time, Denning's views on justice and his manipulation of precedent became increasingly controversial. As society changed around him, he adhered rigidly to the Edwardian morality of his childhood. His report on the Profumo Affair - the most sensational political scandal of post-...
Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.
Lord Denning draws from a wide range of sources to support his arguments and incorporates coverage of many different cases, including that of the Russell baby, the Granada 'mole' and the case of Harriet Harman, all of which are selected on the grounds that 'the experience of the past points the way to the future'. The book also discusses the proposals for law reform which have come from numerous Royal Commissions, Departmental Committees and Blue Books and which were all rejected by successive governments at the time of publication.
When Lord Denning died in 1999, the leader writer of the Daily Telegraph wrote of â ~a deep and almost tangible â ~Englishnessâ (TM) which â ~shone through many of Lord Denningâ (TM)s celebrated judgments. He was patriotic, sceptical and humane; intelligent without being intellectualâ (TM). Since 1999, the nature of English identity has become the subject of debate and contention, not only within the academy, but also in politics and the media. In some respects, it could be argued that the debate about English identity is one of the most important in contemporary Britain. The Last of England considers the role of Englishness in the jurisprudence of Lord Denning, setting his conception of the role of the judiciary in the constitution, his views about the nature of history, the land and war, his understanding of equity, in particular the way in which he developed the doctrine of estoppel, his attitudes towards immigration and race and his approach to the law of the European Community in the context of the developing debate about the nature of English identity.
Although he retired over a decade ago, Lord Denning remains Britain's best known and, to many, most controversial judge. As Master of the Rolls, a position he occupied for 20 years, he saw his job as the making of law, not merely the interpretation of it, and he gave judgments which placed the judiciary at the centre of political and social change.