The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
The Forum - On Line Opinion's article discussion area



Syndicate
RSS/XML


RSS 2.0

Main Articles General

Sign In      Register

The Forum > Article Comments > Janet Albrechtsen's jurisprudence > Comments

Janet Albrechtsen's jurisprudence : Comments

By Max Atkinson, published 19/10/2011

Judges do not, nor should they, make law according to their philosophical predispositions, 'legal realism' to the contrary.

  1. Pages:
  2. 1
  3. All
Max,

Let it go. Albrechtsen isn't very good at law. She doesn't understand basic concepts and thats pretty evident in her writings. I think that most of us in the profession know that she wide of the mark in a lot of her criticisms of the judiciary. But honestly, it doesn't matter. She isn't taken seriously by government lawyers, commercial lawyers, barristers or judges. She's not going to change the law. She's just making a fool of herself.
Posted by David Jennings, Wednesday, 19 October 2011 3:48:17 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Whether or not Albrechtsen understands legal concepts is no more relevant than whether members of the legal profession take her criticisms of judges seriously. The essay is much less about Albrechtsen than a theory of law she holds which many lawyers and law teachers do take seriously, and which has serious consequences for law and law reform. The popularity of this theory, and the failure of the profession to question it, is arguably responsible for the present moribund state of the general debate on rights and the failure of the bill of rights in particular.
Posted by maxat, Wednesday, 19 October 2011 11:47:01 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
  1. Pages:
  2. 1
  3. All

About Us :: Search :: Discuss :: Feedback :: Legals :: Privacy