Roger Scruton: With Common Law the Remedy Comes Before The Principle

This week, exclusively for barristerblogger I am delighted to bring you the  controversial philosopher, composer, novelist, samizdat distributor, oenophile, polemicist and barrister of the Inner Temple.Professor Roger Scruton.  The famous polymath is best known for his philosophical and political writing but he is also a weighty legal thinker.

A tireless champion of the English Common Law Scruton explains exclusively  here for barristerblogger how English judges should develop the law by finding remedies to real disputes rather than by the application of abstract legal theories.

One note of caution though:  Scruton writes without comment about Blackburn J, a famous judge indeed.  But to many of his contemporaries, including most of his judicial brethren , Mr Justice Blackburn was not a popular figure.  And for good reason: he it was that presided over the monstrous judicial lynching of Samuel Wright in 1863.  Whether he was a good judge or not, in the view of Barristerblogger Blackburn J was a bad man.

Author: Matthew

I have been a barrister for over 25 years, specialising in crime. You may also have come across some of my articles I have written on legal issues for The Times, Standpoint, Daily Telegraph or Criminal Law & Justice Weekly View all posts by Matthew