Great Australian Dissents

Great Australian Dissents

by Andrew Lynch
Epub (Kobo), Epub (Adobe)
Publication Date: 08/09/2016

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When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and, sometimes, the subsequent recognition of a dissenting opinion's correctness and its ultimate vindication. On some occasions, all these features may be strongly present, on others only some. Through a diverse selection of memorable dissenting opinions, this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable, but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic, while so many lie forgotten.

ISBN:
9781108132084
9781108132084
Category:
Law
Format:
Epub (Kobo), Epub (Adobe)
Publication Date:
08-09-2016
Language:
English
Publisher:
Cambridge University Press
Andrew Lynch

Professor Andrew Lynch is Dean of Law at UNSW and in his almost 20 years at UNSW has shared in the appreciation of all that Hal achieved in his founding of the law school, as well as the remarkable example he continues to set for the University’s students of a life lived with commitment to both professional excellence and justice.

His experience as an editor of books includes Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 (Routledge 2010), Tomorrow’s Federation: Reforming Australian Government (Federation Press 2012), Great Australian Dissents (CUP 2016) and The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Judicial Dynamics in Australia (CUP 2021).

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