refer readers to specific parts of other texts that deal with the point in a way
that is satisfactory to you.
There are also some specific suggestions for reducing the length of
judgments
186
and other texts by avoiding “diffuseness”
187:
(1)
Do not discuss a long line of cases in detail when their
effect can be
simply stated, especially where it is stated in an authoritative decision.
188
(2)
Quote from a case only when the quotation is necessary or extremely
helpful. Instead just cite authorities.
189
(3)
In recounting facts eliminate useless detail by cutting to the essential
ones.
190
(4)
Disregard weak arguments because “meritless points merit no time”.
191
Arguments that “are plainly unworthy of attention” should not receive any.
192
(5)
Note the sagacious advice of Justice Dennis Mahoney: An “elaborate
argument does not [necessarily] require an elaborate answer”.
193
Justice Bryan Beaumont proposed an approach based on “the proportionality
principle,” which Sir Nigel Bowen called “judgment” and Karl Llewellyn, the
brilliant Unites States legal theorist, called “horse sense”.
194
Just as the
punishment should fit the crime, the length and content of a judgment should
be appropriate to the circumstances. A major manifestation of this approach is
that “extended treatment” of an issue in a judgment should be reserved for
cases where there was a novel question of law. While this is not a precise
concept, Justice Beaumont suggested several categories of decisions that lie
within the term:
195
(1)
A decision on the interpretation of statute or common law where there is
no binding precedent from the home jurisdiction, or a decision on the
application of a precedent to novel facts.
(2)
A decision that is needed to clarify the law because it is obscure, or to
show where the law now is in an area that is changing.
(3)
A decision on whether an old or much criticised decision is still good
law.
___________________
186
Gibbs (1993) p 499, Sheller (1996) p 4, Kirby (1990) p 706
187
Gibbs (1993) p 499
188
(1983) 22 Judges Journal 7, Gibbs (1993) p 499
189
Sheller (1996) p 4
190
Sheller (1996) p 4
191
Sheller (1996) p 4
192
Gibbs (1993) p 498
193
Mahoney (2003) in Sheard 2003 p 111
194
Beaumont (1999) p 746
195
Beaumont (1999) pp 746-747
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