Andrew J M Steven, Ross G Anderson and John MacLeod (eds), Nothing so Practical as a Good Theory: Festschrift for George L Gretton

Pages427-431
Published date01 September 2018
Author
Date01 September 2018
DOI10.3366/elr.2018.0516

This is an extraordinary book in honour of an extraordinary academic. The former is spoken to by the range of chapters contributed by individuals from various walks of legal life and corners of the globe. The latter is also demonstrated by the spread of contributors, and is evidenced by the lengthy bibliography of work towards the end of the book. The affection and esteem held for Professor George Lidderdale Gretton was further corroborated by a well-attended conference (at which the book was launched). I was lucky enough to attend that conference and my attendance gives a certain insight into some of the papers which were spoken to on the day. However, the book stands alone for readers who were unable to be there.

As might be expected in a book with so many contributors, the chapters display differences in style and subject. Fortunately, and most importantly, none fall short in terms of substance. All make welcome contributions to the topics discussed. Some authors are a bit less Gretton-centric than others: for example, David Johnston and Lars van Vliet simply offer insightful essays on their respective subjects, namely the auctor in rem suam principle and the treatment of double sales in French law. Others use George's work as a springboard for further analysis. Some offer personal anecdotes: I enjoyed Jan Peter Schmidt's recollection of a game of chess he played against George. The text conveys a sense that many contributors enjoyed themselves: witness Laura Macgregor's adaptation of a Star Trek misquote when she describes how agency sits with Scottish partnerships: “It's agency, Jim, but not as we know it” (94). And there are tangents in the book that are a joy: Hector MacQueen brings the tale of an undelivered deed to life in a glorious historical footnote detailing that a failure to deliver was actually the result of patricide (103–104). Tempting as it is to recount more content in this review, it would be a disservice to paraphrase all that caught my eye. I will simply applaud the writers for their efforts and the editors for allowing the freedom for such flourishes.

As to the substantive content, part one is on “case law”. Other than George's own reflections towards the end of the book, this is the sole part that is not based on a traditional doctrinal category. Its sui generis chapter is an exhortation by John Blackie for Scots lawyers to read sixteenth and seventeenth century case law. That seems like an ambitious quest, but he makes a convincing case. His study around the remedy of division and sale in situations where a co-owner seeks to exit the ownership arrangement, and whether a co-owner can buy out the other co-owner(s), is one example of his ammunition. His observations on one of George's favourite words – “patrimony” – are enlightening.

Part two is on the law of evidence. This topic's inclusion in the book might be surprising to some, given the specialisms George went on to develop, but Gerry Maher expertly evaluates an old article by a young Gretton on burdens of proof and special defences. I found myself drawn into his fascinating chapter. I suspect the main danger Maher's essay faces is not being noticed by those who could be thought of as his target audience, namely specialists in criminal law and evidence, who may not expect to find such an essay in a collection celebrating a private lawyer. If this review plays a part in staving off that risk, it will have served a valuable function.

Part three begins with a chapter by Ross Anderson, which he describes as a “superficial dusting-down of a forgotten doctrine”. He is too modest. Anderson's contribution, entitled “A Whimsical Subject: Confusio”, is Grettonian: that neologism is MacQueen's, not mine. In an essay that uses copious authority from a variety of legal systems, Anderson explains why...

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