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namely, (i) The organisation o f the Legal
Profession, (2) Legal Education, and (3) Legal Aid.
It is to be hoped that the Department of
Justice and the Incorporated Law Society of Ireland
will take some immediate steps to bring about
some reforms o f the law in this State which are
certainly overdue from the point of view of the
public and our profession.
A number of reforms is suggested from time to
time but practically nothing is ever accomplished.
Yours faithfully,
28th June, 1951.
“ A Country Solicitor.”
BOOK REVIEW
T
he
R
eform
of
T
he
L
aw
by Glanville Williams,
London, Victor Gollancz, 1951, pp. 224. 18/-
We are indebted to Professor Glanville Williams
for editing a most interesting book on “ The
Reform of the Law.” The main suggestion which
the author and his collaborators have put forward
is the establishment o f a Ministry ol Justice on
the continental model tenable by experienced
lawyers whose sole function would be to consider
problems of law reform and to see that these reforms
would eventually be converted into statute law.
The author then discusses briefly under the following
chapter headings, various reforms in the law :—
The management of the Courts and their practice
and procedure—Constitutional and Administrative
law—Civil liberties—The law of Contract and Tort
■—Industrial law—The law of property—Leaseholds
—Family law—Criminal law—Revenue law, and
Legal Education.
It would be impossible to mention all the reforms
advocated;
a selection must then be made in
the hope of interesting members in this most
absorbing subject.
The author refers scathingly
to the obsolete doctrine o f common employment
(abolished in England in 1948) and strongly stresses
the advantages of codification. In considering the
law of evidence, the author stresses that the system
evolved was excellent in its day but its continued
use involves much unnecessary expense and delay,
particularly in England, where jury actions in
civil cases have been reduced to a minimum. The
rule excluding secondary evidence of documents
and the hearsay rule are particularly criticised.
A plea is made that the English Court of Appeal
should be the final Court of Appeal and that the
House o f Lords as a judicial tribunal should be
abolished.
The controversial suggestion is made that the
distinction between the two branches of the legal
profession should be abolished—solicitors being
given the right of audience in all courts and barristers
who are now in practice being allowed as in Australia
to join firms o f solicitors. The abolition of Senior-
Counsel is also urged. There are severe criticisms
about the heavy costs (in England) o f being admitted
as a solicitor. It is pointed out that the fact that
apprentices have to maintain themselves without
engaging in any other employment for three years,
causes hardship to those who have to live on a
modest income. It is urged that the payment of
premiums to solicitors by apprentices should
be abolished and the English Law Society is urged
to publish lists of solicitors who are willing to
accept articled clerks without a premium. State
maintenance grants should be awarded on a
competitive basis.
The most important functions of the suggested
Ministry of Justice would be to scrutinise carefully
all Statutory Instruments issued' by other Depart
ments. The establishment o f special administrative
tribunals is recommended, such as Special Rent
Tribunals or the Labour Court, because the Courts
are not well fitted to deal with cases involving
specialised knowledge.
Administrative tribunals
should always sit in public, with an
ipsofacto
right of
appeal and they must always state the grounds
for their decisions. The repeal o f the Public
Authorities Protection Act, 1893, is recommended.
In refusing certificates of naturalisation to aliens
the Minister should specifically state on what
grounds he does so.
In Common Law the contractual rules as to
consideration, innocent representation and mistake
require complete revision, and those relating to
contracts of infants, wagers and joint contracts
are in a most confused and unsatisfactory state.
In tort, the technical distinction between invitees,
licensees and trespassers should be abolished.
In criminal law the distinction between felonies
and misdemeanours should be removed.
The
McNaghten rules as to criminal insanity are severely
criticised; it is proposed that the illogical verdict
of “ guilty but insane ” should be abolished and
should be replaced by a verdict of “ not guilty
on the ground o f insanity,” with a right of appeal
against it. It is suggested that to constitute murder,
the act causing death must merely be done with
intent to kill.
The system of legal education in England is
severely criticised; no practical experience of the
law is involved in securing the barrister’s
qualification. Bar examinations are alleged to be
passed without any attempt at a profound study of
the subjects; the subjects seem narrowly conceived.
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