Law

Recently, New South Wales had its fifth election since 1988 in which shrill law and order promises – tougher sentencing, more police, and the like – constituted the most prominent feature of the major parties’ campaigns. During those fifteen years, NSW witnessed its biggest prison-building programme in more than a century and a rise of more than fifty per cent in its prison population. An obvious lesson is that prison-building programmes and rising criminal justice expenditures do not reduce crime or enhance feelings of public safety and confidence in legal institutions, and that those who argue otherwise are chasing phantoms. Yet the terms of political discourse around law and order seem to be impervious to the facts. What would commonly be taken as incontrovertible evidence of the failure or limits of a policy in other areas yields more of the same in relation to crime control, such is the treadmill of penal populism.

On the afternoon of Tuesday 23 December 1958, all work in the remote South Australian coastal towns of Thevenard and Ceduna came to a halt for the funeral of nine-year-old Mary Olive Hattam, who on the previous Saturday afternoon had been violently raped and then bashed to death in a little cave on the beach between the two towns. On the morning of her funeral, a 27-year-old Arrernte man called Rupert Max Stuart had been formally charged with her murder: he had arrived in Ceduna with a small travelling funfair on the night before her death. He spent Christmas Day in Adelaide Gaol, penniless, illiterate and terrified. How the Hattam family spent Christmas Day can scarcely be imagined.

This is not an easy book to read. It is crammed full of ideas, literary and musical allusions, and theories about law and justice. The author’s basic thesis – that law is a concept imperfectly realised, continuously reinterpreted, and always in flux – is not really controversial in legal circles in Australia today, let alone novel. The most influential legal scholar in Australia’s history, Professor Julius Stone, taught that simple truth to generations of law students in Sydney between the 1940s and the 1980s. Now, Desmond Manderson is the first director of the Julius Stone Institute for Jurisprudence at Stone’s old law school at the University of Sydney. He has taken up Stone’s grand theme, adding some fresh insights of his own. He has done so in this handsome book, beautifully published by the University of California Press. And there is much that is good and useful in it. But his gems are sometimes maddeningly hidden in a torrent of words that succeed in obscuring the ideas the author wants to get over to the reader.

The memoirs of any barrister still in harness are, by definition, advertising. The mystery of The Justice Game is what on earth Geoffrey Robertson needs to sell. He is much too busy already. A queue of life’s victims wanting his help in court would stretch twice round the Temple. But drumming up business is not what the book is about. Its real purpose, I suspect, is to show that, despite a certain radical reputation, Robertson is a sound man.

The intellectual and other cultural divides between New South Wales and Victoria that emerged in the second half of the nineteenth century are among the most intriguing features of Australian history. Evidence of their continuing influence on law and politics in more recent times provide the most significant aspect of this autobiography by Sir Garfield Barwick.

The approach taken by the South Australian Royal Commission into the Non-Medical Use of Drugs is to be highly commended. This commission was appointed in January 1977, under the chairmanship of Professor Ronald Sackville, Professor of Law in the University of New South Wales, nearly nine months ahead of the Federal Commission chaired by Mr. Justice Williams and the New South Wales Commission, chaired by Mr Justice Woodward. The South Australian Commission includes Earle Hackett, Deputy Director of Adelaide’s Institute of Medical and Veterinary Science, and Richard Nies, Head of the School of Social Studies at the South Australian Institute of Technology.