The Jurisprudence of Lord Denning

Description: BOOK REVIEW

THE JURISPRUDENCE OF LORD DENNING: A STUDY IN LEGAL HISTORY, VOLUMES I-III

By Charles Stephens

Cambridge Scholars Publishing, Newcastle upon Tyne ISBN: 1-4438-1252-8

www.c.s.p.org

DENNING DEFINED IN HIS HISTORIC JUDICIAL PLACE

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

As one of the most influential judges of the 20th century, this three volume work is a fine tribute to the memory of Lord Denning. He has been described as ‘possibly the most interesting judge of 20th century’ and this three volume work, compiled by Dr Charles Stephens restates his judicial place as only an historian and lawyer can adequately do.

‘I always felt reassured by Lord Denning’s presence in our national life,’ writes Stephens. ‘At the back of my mind, I felt that we were all safe as long as he was Master of the Rolls,’ and he adds that the origins of this project lie with those memories.

Stephens is primarily an historian and writes of Denning from an historian’s, rather than necessarily, a lawyer’s point of view. This is no bad thing when you consider the avowedly circular argument that the decisions of judges have shaped history, and conversely tides and trends in history which shape, or least wield, considerable influence in shaping the decisions of judges depending on the orthodoxy of the age.

Viewing Denning from an historian’s eye view offers academic and general readers alike a useful perspective on the influence judicial decisions are likely to have on the body politic, which in turn influences everyday life – the ‘quotidian world’ as Stephens puts it.

Examples abound of how his background, education and family life informed and influenced Denning’s attitudes and judgments, some of which remain controversial and topical to this day: single mums…the family…domestic violence…identity and nationality… and notably, corruption in the City of London, so how topical can you get when one reviews Denning decisions? So, those who follow the machinations of City folk (good, bad, or ugly) will be positively inspired by one of Lord Denning’s memorable utterances on hearing an appeal in the celebrated case of a Mr. Moir v. a Dr. Wallerstein in the mid 70s in which Lord Denning opined that

“Some say we should be neutral in the face of public scandal. I say not so….The principle duty of a judge is to suppress force and fraud… (and) to denounce wrongdoing…. His words uphold the opinion of the good and shake the confidence of the wicked”.

A succinct and robust summation of the duty and ethos of a judge, if we ever heard one, which all judges the world over would do well to emulate.

Provided Stephens keeps Denning in the limelight of his 650 pages of narrative, the book exerts a continuing fascination and charm in the 3 volumes. However, Stephens does write like an historian which explains why we got a bit confused when perusing, for example, the second volume in which the first two chapters on English Identity - 80 pages at least 23 of them replete with footnotes and bibliographical references (no shortage of ibids there) make no mention of Denning at all -- (hmmn -- at least we don’t think he’s mentioned). Only when we get to Chapter Three did we see Tom Denning once again taking centre stage, appropriately enough, in this trilogy on ‘the jurisprudence of Lord Denning.’

We assume that the justification for this oddity lies in the author’s explanation that this formidable work proceeds from the fruits of his detailed historical research, and the argument works to a point when viewing Denning legal philosophy during his life and times.