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- Title
UNCONVINCING AND PERPLEXING: HUTCHINSON AND STAPLETON ON JUDGING.
- Authors
Gava, John
- Abstract
The article comments on articles by jurists Allan Hutchinson and Jane Stapleton, which illustrate the emerging orthodoxy in Australian legal thought that judging is politics in another form. An openly instrumentalist role for the High Court as a way of alleviating Aboriginal disadvantage in Australia has been advocated by Stapleton. The problems associated with the views of Hutchinson and Stapleton on common law judging and legalism are discussed. The author also comments on Stapleton's instrumentalist goal of using the courts to bring about changes in society.
- Subjects
AUSTRALIA; LEGAL judgments; COMMON law; LAWYERS; STAPLETON, Jane; HUTCHINSON, Allan; JUSTICE administration; LEGAL status of Aboriginal Australians
- Publication
University of Queensland Law Journal, 2007, Vol 26, Issue 1, p67
- ISSN
0083-4041
- Publication type
Article