Reflections on DPP v Walters and Boutlon v The Queen

The Victorian cases of DPP v Walters[1] and Boulton v The Queen[2] demonstrate how textualist arguments can be used to sustain judgments that clearly do not accord with the legislative intent of Parliament. These cases involved courts engaged in supposedly textualist analysis that resulted in interpretations of statutes that were clearly and wholly inconsistent with … Continue reading Reflections on DPP v Walters and Boutlon v The Queen

Why study the humanities over the natural sciences

The science grad asks, “Why does it work?” The engineering grad asks, “How does it work?” The accounting grad asks, “How much will it cost?” The arts grad asks, "Do you want fries with that? Having completed a BA before commencing my JD, I'm no stranger to the all-too-common wisecrack that Arts graduates struggle to … Continue reading Why study the humanities over the natural sciences

Precatory words, Love and the law of equity

In Australia, it is well-established (see eg Paul v Constance) that the creation of a trust requires a sufficiently clear manifestation of intent on the part of the supposed settlor (the 'certainty of intention' requirement). Generally, the requisite intention is said to be evinced by the use of language bearing a sufficiently imperative character. The … Continue reading Precatory words, Love and the law of equity

Why justice matters

Lawyers, judges, politicians, academics and philosophers often appeal to notions of ‘justice’ in public debate and civic discourse. But what the term ‘justice’ actually means is often loosely defined and uncritically understood. Oxford defines justice in terms of ‘just behaviour or treatment’ and ‘the quality of being fair and reasonable’. Cambridge defines justice as ‘the … Continue reading Why justice matters