The Gazette 1949-1952

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.” 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 BOOK REVIEW T he R eform of T he L aw by Glanville Williams,

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. 25