The Cloistered Virtue: Freedom of Speech and the Administration of Justice in the Western World

By Barend Van Niekerk | Go to book overview

NOTE

INTRODUCTION
1
See note 55 (Ch. 1) and the text.
2
Thomas I. Emerson, The System of Freedom of Expression ( 1970) 12.
3
Legislatively, no action has in fact been taken, but there have been recommendations by the Committee on Contempt of Court ( Phillimore Committee) for changes -- see note 66 (Ch. 2) -- and as will be documented in various parts of the work, there have been considerable relaxations in the law of contempt in Britain. See Colin Munro, Contempt Becomes Less Strict, in ( 1977) 40 Modern Law Review343.
4
Unless otherwise indicated, reference to Germany means the Federal Republic of Germany ( West Germany).
5
Gordon J. Borrie in a preface to Shimon Shetreet Judges on Trial. A Study of the Appointment and Accountability of the English Judiciary ( 1976) xvii.
6
See Jac van Veen, De Rechten van de Mens. De Mensen van het Recht. Opstellen over de Praktijk van de Nederlandse Rechtspraak ( 1971). See on this work, Marijke Reinsma, "Heilige Koeie in Toga" in ( 1972) 13 Codicillus 41.
7
This idea has been well developed in an essay by that rugged nonconformist Justice William O. Douglas, "The Bill of Rights is not enough", in The Great Rights (ed. Edmond Cahn) 117 ff ( 1963).
8
Reference may be made here to a protest of Spanish lawyers in 1972 when about 1,500 Madrid lawyers declared a state of permanent protest over certain acts of governmental interference and the entire college of advocates resigned. See International Herald Tribune ( Paris) December 18 and 19, 1972.
9
See the Times of London of June 27, 1977. For more details of this incident see note 59 (Ch. 3).
10
Douglas op. cit., pp. 127-28 is not so sanguine as regards the American lawyers: "In American history lawyers have often rallied opinion outside of courtrooms in support of the despised minorities. . . . A few lawyers still speak in that tradition. But most lawyers have remained silent."

CHAPTER 1
1
From an address to the University of the State of New York in 1952, reprinted in Irving Dilliard (ed.), The Spirit of Liberty. Papers and Addresses of Learned Hand ( 1959) 216.

-225-

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