Book Review: Jesting Pilate and other papers and addresses

DOI10.1177/0067205X6600200114
AuthorP. D. Phillips
Date01 March 1966
Published date01 March 1966
Subject MatterBook Reviews
JUNE
1966] Book Reviews
153
exercise their powers to send people to gaol for 'immoral 'conduct they
will
at
least be aware
of
the issues involved.
27
If
they do read more
widely they are unlikely to come across many books in which so many
objectionable ideas are presented with so much confusion as in Lord
Devlin's lectures.
D.
J.
ROSE*
Jesting Pilate and other papers and addresses, by the
RIGHT
HONOUR-
ABLE
SIR
OWEN
DIXON,
O.M.,
G.C.M.G.,
D.C.L.,
(Hon.) Oxon., LL.D.
(Hon.) Harv.,
LL.D.
(Hon.) Melb.,
LL.D.
(Hon.)
A.N.U.
AJustice
of
the High Court
of
Australia 1929-1952 and Chief Justice
1952-
1963,
collected by
JUDGE
WOINARSKI,
M.A.,
LL.D.
(Melb.). (The
Law Book Company
of
Australasia Pty Ltd, 1965), pp.
1-250.
There are seventy
five
prepared papers and addresses
'off
the bench '
and four addresses
'in
court'
in this volume.
It
is
difficult to believe
that any lawyer interested in the processes
of
the legal mind will not
find the whole utterly fascinating.
It
is,
if
Imay coin aphrase for the
occasion, abook
'you
cannot put
down'.
Whether you experience
violent disagreement
or
humiliating inability to comprehend, the
attraction accumulates. You experience the unwavering
if
ignoble
concentration
of
the rabbit caught in the glare. You are surprised
to
find it
is
amore pleasurable intoxication than that resulting from
alcohol or (I suppose) opium. And perhaps,
if
reviews are intended as
aguide for other readers, this
is
as much as needs be said.
It
is
comforting to think that the rabbit,
if
he escapes from the glare,
feels
some interest in analysing his experience, albeit with adeal
of
self-
centred head shaking and occasionally an all over reconstruction from
nose to tail. But it must be confessed that an accurate estimation
of
the glare
is
not the easiest task for arabbit.
In this particular case my chief impression
is
of
the intense concen-
tration
of
the writing. This also was frequently true
of
the judgments
of
Dixon J. and Dixon
e.J.
It
is
rather surprising to find the same
character repeated in papers designed for oral exposition to laymen.
No doubt some general impact was felt by those listeners who could
concentrate for the whole period. But many must have consoled them-
selves with the reflection that they would understand much more when
they saw it all in print. Ican recall amild personal complaint
of
27
It
is interesting to note that
s.
81A
of
the Crimes Act, 1900 (N.S.W.) was enacted
as recently as
1955.
The Attorney-General stated
that
it had been approved by the
District Court judges, the Commissioner
of
Police and the Bar Council (N.S. W.)
Parliamentary Debates (Third Series) Session 1954-5, 3230) and it was enacted with
scarcely any debate except some vigorous dissent from Dr. L. J. A. Parr, M.L.A.
This new section was designed inter alia to make N.S.W. law coincide fully with
s.
11
of
the Criminal Law Amendment
Act
1885
in England where, in 1957, the Wolfenden
Committee recommended the substantial abolition
of
that very offence.
*B.A.(Oxon.), LL.B. (Tas.), Practitioner
of
the Supreme
Court
of
Tasmania, Senior
Lecturer in Law, School
of
General Studies, Australian National University.

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