141 / 432
GAZETTE
APRIL 1994
Doctor Hall's ability cuts the judgment
on freedom of expression through to the
expressions of opinion which he
judiciously selects from the apparent
legal reasoning. These are shown to
underlie a court's decision and to be
far more important than the strength
of the logic that might construct an
argument.
Of all the cases that a person might take
to law a libel action is, on experience,
by far the easiest to lose. The defence
inherent in it of "fair comment" on a
matter of public interest means merely
that the statement is a comment that
relates to an issue of public interest. If
the public suddenly becomes interested
in us then people are free to give
whatever opinion about us they may.
We again have Doctor Cruise O'Brien
to thank for the Broadcasting
Complaints Commission. Its powers and
functions are explained here and the
leading cases give a guide to possible
reactions to their censure. Nonetheless,
RTE continues to be proud of
tendentious broadcasts on the Tallaght
Two and the neurosurgery unit in
Beaumont Hospital.
More firmly attached than ever to the
European land mass, Ireland is now
substantially regulated from without.
Eamonn Hall explains the historical
context and the tensions inherent in a
conservative country being pulled by a
continental legal system more used both
to the idea of leaving the individual
alone and to the notion that laws should
only be passed or remain in force when
someone has an idea of enforcing them.
So a television monopoly is justified
under the Treaty of Rome as a
legitimate expression of national interest
provided it does not infringe freedom of
movement for goods and services and
does not amount to unfair competition.
Of more relevance, those goods and
services can include the advertising of
legal services available in other
Community States, but illegal here, such
as euthanasia in Holland. The notion
that freedom of expression cannot be a
contempt of court on an issue of public
importance allowed, according to
O'Hanlon J,
a swingeing attack on a
litigant for merely commencing judicial
review proceedings on the question of
the Telecom Eireann site in Ballsbridge.
Some people know how to communicate
and also have an instinct for
j
communicating lawfully.
|
The final sections of this book deal with
freedoms of expression and the freedom
to communicate without being intercept-
ed. RTE is under a duty of objectivity
and impartiality and advertisements must
"respect human dignity". Manufacturers
of fashion knitwear are immune from the I
! same stricture.
This superb book is the product of a
mind that has widely ranged through
literature, history and law and which has
brought them all together in a synthesis j
that sets a new standard for legal
discussion in this country. It is hard to
see that any Irish lawyer reading this
book would be content in the future to
write merely on a legal subject without
setting it within the context of the
technological developments that make
i law necessary and the fears and hopes
that move people to believe that a new
tool can be used to good effect. This is a
work full of information presented with
a rare combination of wisdom and
objectivity. One might hope for more
from Doctor Hall but lawyers,
politicians, historians and those who in
Aristotle's words "love the truth" will
already thank him.
Peter Charleton
The Rathmines Style Book
By David Rice, Folens, Dublin 1993,
90pp., £5.95 paperback.
j
Reading maketh a full man;
conference a ready man; and writing
an exact man. (Francis
Bacon)
What is style? The gift of writing
elegant and engaging prose is given to
I only a few; most of us who have to
communicate in writing aspire merely
to be understood.
English is a different language; its
rules of grammar are peppered with
inexplicable exceptions and the scope I
for ambiguity and imprecision is vast.
Yet for lawyers, the ability to use
.
language with clarity and precision -
if not stylishly - is essential.
The title of the Rathmines Style Book
is, in my opinion, misleading, because
I do not believe that style can be
learned. It might more properly be
called the "Rathmines Guide to
Correct Usage" since it sets out in its
90 pages guidelines outlining the
correct forms of English usage and
|
highlighting the most common
!
grammatical errors and misuse of
words that occur.
The author,
David Rice,
lectures in the
Rathmines School of Journalism
which, over the years, was the training
ground for some of the more respected
journalists in the country. Though the
style book is intended principally for
students of journalism, to inculcate
good habits before they commence
their careers in the media newsrooms,
it would be of practical benefit to any
person who has to communicate in
writing. One of the merits of the book
is that it takes less than one hour to
read in full. Having obtained an
overview of its entire content, the
reader can refer to the style book
again and again to check up on
specific points of usage.
Ambiguity and sloppy drafting are the
enemies of lawyers. Therefore, it is
understandable that frequently the
general correspondence and writings
of lawyers tend to mirror the style and
j
verbiage of an affidavit. However, a
client who receives a letter full of
'legalese' such as "aforementioned",
"herewith", "undersigned", is likely to
raise his eyes to heaven and ask "why
can't they write in English?". Another
frequent trait in lawyers' writing is the
tendency to give ordinary nouns a
capital letter (such as lease, court,
case, plaintiff, defendant) when there
is no reason for doing so - another
hangover from affidavits. In a simple
and concise manner, David Rice's
book explains the correct rules of
usage in relation to these matters and
other frequent errors - by no means
exclusive to lawyers - for example,
the failure to distinguish between it's
(the abbreviation for it is) and its (the
possessive pronoun).
A great merit of the book is that David
j
Rice avoids pedantry. Language is
changing all the time. It is arguable,
for example, that nowadays, following
117