mercoledì 5 novembre 2008

Discussion Topic : Lord Denning

(
23 January 18995 March 1999)




Lord Denning was a
judge for over 30 years before retiring at the age of 83 in 1982. Lord Denning analyzed many important concepts that would become pillars of the common law and many more which would ultimately be rejected in the House of Lords (such as the doctrine of fundamental breach). He made some famous (and infamous) decisions in his court over his long career, and is considered as somewhat of a legend for his witty, no nonsense judgments.
Creatively using his flexible approach and eloquent prose he shaped appellate law whilst following his primary interest: justice.
He was awarded with the
Order of Merit in 1997 in recognition of his distinguished career.

Some interesting quotes:

"I have had to be a detective, inquisitor, advocate and judge and it has been difficult to combine them." On the Profumo scandal inquiry
"It's not the first time and probably won't be the last". On reversal of his decisions
"Parliament does it too late". On legislation.
"I was ambitious and saw it as the best way to advancement". On a career in law.
"Without religion, no morality; without morality, no law."
"Some persons, who would otherwise be good and worthy citizens, are deliberately breaking the law."
"I have all the Christian virtues - except resignation".
"You can do good work after 75. I think I gave some of my judgments of greatest value after 75."
"By eating plain English food. I don't want any of that French stuff." On how to live long.
"Remembrance of me in good works, that is how I should like to be remembered." His chosen epitaph.
Fourth Lesson 30th October 2008

The Italian legal system is a Parlamentarian Repubblic Based on a written constitution.


Based ON
Bound BY
Derived FROM
Developed THROUGH
Distinguished FROM
Settled By ( Sin. To Solve)

Trial = Process


Debating on the main differences between the Civil Law sytem and the Common Law system we concluded that :

Civil Law
+Certainty ( 1 written law to refer to)
+Accessibility ( 1 written law to refer to)
+Stability ( is not always changing)
+Judges have to be objective
= Faster to resolve problem
-Long process to change the law
-Inflexible, rigid
-Expensive
-Out of touch with the community


Common Law
+Respect of the traditions
+flexibility
+Less bureaucratic
+Cheaper
-Less democratic
-Less accessible