358 / 432
GAZETTE
L A W B R I E F
AUGUST/SEPTEMBER
1994
I H g l l W f !
by Dr Eamonn G Hall, Solicitor
Judge Brian Walsh - The Re-
dedication of the School of Law of
St. John's University, New York.
The Hon Mr Justice
Brian Walsh,
judge of the European Court of Human
Rights and former judge of the
Supreme Court received the degree of
LL.D (h.c.) from St. John's University,
New York on October 2, 1994 on the
occasion of the re-dedication of the
School of Law. Judge Walsh also
delivered the re-dedication speech. In
his re-dedication address Judge Walsh
dealt with many significant issues
concerning the law and lawyers. The
full text of the address will be
published by St. John's University.
In his address Judge Walsh stated that
if one asks what is the justification in
having law at all, the answer must be
that the good of law is the common
good. If the end of the law ceases the
law itself must cease. Thus, stated
Judge Walsh, if a law is not directed
to a good end it will have no true
justification and therefore cannot be
deemed to be a law. If a law is not
directed to some good it cannot be the
norm of good conduct and no good
will come of observing it. It might
indeed be harmful. The common good
is the very object of society. The
Judge noted that the common good
was also the basis of all the authority
of the State.
In the field of human virtue, the Judge
stated that justice is the highest. The
object of justice is the right of
another, that is something that a
person has a right to. Judge Walsh
quoted St. Thomas Aquinas speaking
of justice as "a habit according to
which, with a constant and
unchanging will one gives to another
what is his due".
The Judge noted that the law cannot be
regarded as "ethically neutral anymore
than one can regard economics or
334
history or international relations as
ethically neutral". He continued:
"Unfortunately, in many law
schools students seldom have that
necessary preliminary training in the
analysis of ethical concepts which is
essential if the facts of government
organisation are to be effectively
correlated. The relation between
actual law and the theory of justice
is one that has to be critically
examined. No student should be left
under the impression that talk of
justice is mere rationalisation."
Judge Brian Walsh
The Judge was happy to record that
the fundamental rights section of the
Constitution of Ireland anticipated
both the Universal Declaration of
Human Rights and the European
Convention for the Protection of
Human Rights and Fundamental
Freedoms by more than a decade.
Judge Walsh noted that the main
function of lawyers is to serve the
cause of justice and the main function
of the law is to uphold the cause of
justice. "This is equally applicable to
lawyers who enter the public service
as well as those who can enjoy a
private practice. But whether in the
public service or in private practice
the obligation remains the same."
Recalling his visits to law schools in
the United States he observed that
while some graduates of the law
schools quenched their passions in
municipal bonds others passionately
committed themselves to the defence
of the right. "But in whatever field a
law graduate finds himself, the doing
of justice remains the prime purpose
of his professional existence."
In words that have the quality of
immortality, Judge Walsh reminded
his audience that
"all lawyers have a prior and
perpetual retainer on behalf of truth
and justice. This applies not only to
the professional advocate and to the
Judges but equally to members of
the administration. A professional
advocate was not simply the
mouthpiece of his client or, to put it
more vulgarly, a 'hired gun'. His
role is to give to the client the
benefit of his learning, his talent and
his judgment but all through he
must never forget what he owes to
himself and to others."
In a magnificent finale, the Judge
concluded that "all persons
participating in the administration of
justice must be regarded equally to be
ministers in the temple of justice".
The address is that of a philosopher
judge and should be recorded for
posterity.
Taoiseach Opens New Law
Library Building
Several hundred barristers, members
of the judiciary and invited overseas
Bar representatives attended the
official opening of the new Law
Library Building at Church Street,
Dublin, by An Taoiseach, Mr.
Albert
Reynolds,
T.D., on the evening of
October 7, 1994.