The Bond of Freedom
| Author | Richard O'Sullivan |
| DOI | http://doi.org/10.1111/j.1468-2230.1943.tb02877.x |
| Date | 01 December 1943 |
| Published date | 01 December 1943 |
THE
MODERN
LAW
REVIEW
VOl. VI
DECEMBER,
I943
No.
4
THE
BOND OF FREEDOM
N
the year
1935
a
London magistrate, who had in his time been
a
member of Parliament and
a
member
of
the Bar announced from the
Bench that he knew what law
is
and where to find the law; but that
he was entirely unaware of the meaning
of
justice.
In
the reconstruction
of
the world to which all men of goodwill are
called in anticipation of the ending of the war,
it
is
perhaps impottant that
as
many
as
possible (including members of Parliament and niembers
of
the
Bar) should
be
aware of the principles
of
law and of justice. Long ago,
Cicero and Augustine taught the world that justice
is
the binding principle
of
States. And Sir John Fortescue taught us that the
Common
Law
of
England consists
sf
certain rules of justice, and even
of
natural justice.’
Moreover, if,
‘as
some
of
our
political leaders say, the reconstruction
of
England and of Europe is designed to restore and reestablish the tradi-
tional principles of English and European civilisation,
a
special duty will
fall
upon those who inherit the principles and traditions of the Common
Law, which, one may remark,
is
the only great system
of
temporal law
that came to us out of the Christian centuries; and which extends, one
may add,
to
England (and Ireland) and Canada and Australia and New
Zealand and
in
large measure (by statutory enactment) to India’ and
to
’‘
Man’s laws are nothing else but certain rules whereby Justice is perfectly
taught.” The astonishing comment of Professor Winfield
on
the
de Natura
Legis
Naturae
of Fortescue that it deals with “a topic which has long ago had its
brains knocked out” has been sufficiently answered in the lectures
of
Professor
Lauterpacht. It is scarcely necessary to add that the rules of natural law and
justice are used as leading principles in the jurisprudence of the canon lawyers
who exercise jurisdiction in cases, e.g. of marriage and nullity, that presently
concern some
300,000,000
folk in all parts
of
the world.
*
In
all
the political unrest that has marked the recent history
of
India there
has been
(so
far as
I
am aware) little
or
no
complaint touching the administration
of justice in that country. Indeed, recent decisions
of
the Indian Bench seem to
show that in cases concerning the liberty
of
the subject the jud es in India are
no
less attached
to
the
traditional principles of the Common faw than were
(shall we say
?)
the
Law
Lords in
Pat
O’Bricn
and in
Liucrsidgc.
I
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