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The Art and Craft of Judgment Writing - A Primer for Common Law Judges (Hardcover)
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The Art and Craft of Judgment Writing - A Primer for Common Law Judges (Hardcover)
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Judges are increasingly aware that the best way of enhancing public
confidence in court systems is not only by providing a quality
service but doing so compassionately and respectfully. The art and
craft of judgment-writing is a critical element of this process.
This book looks at the judgments of historically great
judgment-writers from the US, UK and wider common law world (in
particular Australia, Canada, India, Ireland, Israel and New
Zealand). It is written not from the perspective of what the author
can teach but with the aim of identifying essential elements of
good judgment-writing in great judgments and insightful commentary.
Written by Dr Max Barrett, a judge of the High Court of Ireland,
individual chapters focus on subjects such as judgment purpose,
length, style and structure, concurring and dissenting judgments,
judgment-writing for children and vulnerable parties, as well as
more general lessons in good writing offered by great authors from
Orwell to Twain. Among the lessons to be taken from great common
law judges are that: a good judgment possesses an ability to rise
above immediate facts and to see a problem in its wider
perspective; a sense of empathy/sympathy for those faring badly is
always important; and there is nothing wrong with language that is
occasionally flowery and ornate; however, the best judgments are
crisp and persuasive. A great author such as Mark Twain teaches,
for example, that: every element of a judgment should be necessary
to that judgment and any unnecessary element excised; any person or
event included in a judgment should be included for a reason; and a
judge should always use the right word for what she wants to state,
'not its second cousin'. This book is intended for novice superior
court judges, their more seasoned colleagues and all with an
interest in legal writing (including legal practitioners, law
teachers and law students). Lower-court judges required to write
judgments should find the book valuable; and judges at all levels
should find the additional chapter on ex tempore judgments of use.
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