​James Wilson
Author
Cases that Changed Our Lives
Published by LexisNexis, 2010
All lawyers have an in-built need to revisit the great cases of the past. After all, that is the basis upon which common law is founded. A retrospective look at the people and circumstances behind the results of these great cases gives tremendous insight and understanding, as well as revealing a human side to the events which is not always apparent from the law reports.
This collection of essays examines key cases (both UK and international) that have changed or created the rules and procedures which govern our lives and which we abide by - cases which have changed our lives. This book sets out the facts of each case and examines its impact, with emphasis on the human angle of the story, including: Who were the people involved? What was actually decided in the case? What happened later and how what was decided on the facts changed our lives? What were the later implications for that area of law and/or other areas of law? And what legacy has the case left?
The themes addressed by this book support the rule of law, demonstrating that using something as abstract as judicial reasoning, we create a set of rules and procedures which govern our lives. The rule of law involves the acceptance of this intellectual and abstract concept. With contributions from leading practitioners in their fields, this book gives an insight into the importance of case law and the impact it has on our lives.
I wrote the chapter introductions and some other material in the book, and commissioned some of the essays.
"a truly informative and accessible contribution"
- Lord Neuberger of Abbotsbury
"some extremely important conclusions which do reflect the orthodoxies of current judicial thinking"
- Phillip Taylor, barrister.
In 1979, The Advocates Society welcomed Lord Tom Denning to Toronto. He was on a tour publicizing his latest book. I was gifted The Discipline of Law as a call to the bar gift shortly after.
Forty-five years on—and a quarter century after the world-famous jurist’s death at 100—James Wilson’s new biography is an excellent and thorough review of the still relevant, and always controversial jurist. Wilson himself practices law in New Zealand and the U.K., and is an accomplished writer on legal topics, including exploring legal cases around the game of cricket. The result is not only a highly readable biography but an excellent reference source on the innumerable areas of the law that Denning contributed to developing.
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The book’s 23 chapters extensively cover Denning’s life and upbringing and every stage of his legal career. These are preceded by the book’s opening, which includes quotes about him and by him (never overly modest!) Among the mostly glowing accolades is a comment from Reuben Hassan, Professor Emeritus at Osgoode Hall Law School, who opines that Lord Denning “fell considerably short of the stature of a great judge (or jurist).” The late-Lord Brooke declares him as “rather a discredited figure.”
Through an examination of the man’s life and times, Wilson gives us insight into what drove both Denning’s innovation as well as his often moralistic, judgmental rigidness. His strengths and weakness in many ways reflected the changing society of England during his long life. The book is also meticulously footnoted with a select bibliography of over ten pages including reports or works authored by Denning.
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The last chapter, appropriately titled “A Final Judgement,” includes a critical analysis of Denning’s well known, catchy, succinct openings that he is so remembered for: “It all started in a public house,” or “ A man’s head got caught in a propeller.” While memorable, among other criticisms, the author suggests that putting the merits of the case up front with the facts was Denning’s way of getting the reader to agree with his decision.
In summary, Wilson has delivered a well-organized, readable, and interesting biography / legal-social history that should give a judicial reader both insight and knowledge of perhaps the most influential jurist of the modern era.