Book Review: Textbook of Criminal Law
| Author | W B Fisse |
| DOI | 10.1177/000486588001300307 |
| Date | 01 September 1980 |
| Published date | 01 September 1980 |
| Subject Matter | Book Review |
BOOK
REVIEWS
217
substantive justice in
the
lower
criminal
courts and calls into question
the
concern
with high case loads
and
the
apparent decline in
the
adversary system. This is a
readable and important study of the lower criminal courts which blends theoretical and
methodological questions in an impressive mannerand, as such, is highly recommended.
RO\fAN
TO\IASIC
Madison
Textbook
of
Criminal
Law, Glanville Williams. Stevens &Sons (1978) pp xi, 973,
cloth $30.80; limp $19.30.
This is an imaginatively conceived textbook of top rank. Textbook is
not
intended
as a substitute for a
third
edition of Criminal Law: The General Part
nor
as a first
edition of Criminal Law; The Specific Part,
but
provides acomprehensive coverage
of
general principles
and
most specific offences
of
any importance.1Although aimed
primarily at
the
beginner, it none
the
less challenges old hands as well as new.
The
pedagogical contribution of
the
book is
that
it provides asuperbly
structured
account of English substantive law' in all its contemporary degeneration. Simplicity
and
clarity is achieved by extensive use of a socratic method as well as by clear
explanations in standard form. It is this socratic
method
which makes
the
text
outstanding, for it enables
even
complex material to be
presented
in a clear
but
critical, sound
but
stimulating, way. As outlined in
the
introduction,
the
method
is as
follows:
Since a beginner's threshold of boredom tends to be low, my efforts to enliven the discussion include the
interruption
of the text by questions and objections. Some of these are merely convenient sub-headings,
but
many represent the challenges that may be expected from a shrewd, critical and irreverent reader. My
interlocutor is allowed to talk naturally, and
indeed
racily (since even grave and experienced lawyers,
when
they
doff
their
gowns, do not always address each
other
in
the
language of a statute of judgment). I
have endeavoured to satisfy him that the law is mainly rational;
but
when it is not Ijoin in the effort to
expose its shortcomings. Iwould suggest to the student that he consider for himself whether an objection
put
into the mouth of my critic is valid, or
whether
aquestion raises a good point, before reading the
observations Ioffer in reply. 3
Possibly,
the
interlocutory style may grate alittle at times, yet it is no
bad
thing to
be made to wash one's preconceptions in conjectural acid.
As to substance, an initial feature to be noticed is that this is a textbook about
English criminal law. Little Australian material has
been
included, whereas in
Criminal Law: The General Part
the
bent
towards comparative law is much more
pronounced. As with Smith and Hogan's text, therefore,
the
Australian
buyer
also
needs
to have a local text.
Of
course
there
is much in common between English and
Australian criminal law but, as ever, the English go off on many frolics of their own. 4
So clear and merciless is
the
author's exposure of silly frolics it would be surprising if
the
book did not induce Australian law-makers to learn from English error. Textbook
of
Criminal
Law
may thus be a force conducive to
greater
disparity
between
English
and
Australian criminal law, whereas its title possibly evokes
the
value of
greater
similarity.
Australian preoccupations aside, what adelight
the
flesh of this book provides! A
very wide range of substantive matters is covered yet information, critical
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