(2)
Scientists, for example, Lord Wilberforce and Lord Diplock in England,
and in Australia Sir Owen Dixon with his “complete legalism”.
297
(3)
Advocates. Chief Justice Barwick and Justice Murphy are Australian
examples. Lord Denning is a prime English example, being not just an
advocate but an evangelist being willing to change judge-made law when he felt
that justice required it.
298
___________________
297
Kirby (1990) p 696
298
Kirby (1990) p 704. Lord Denning’s views on law and law reform are found
in his many books, which include The Changing Law
(1953), The Road to Justice
(1955), The Discipline of Law (1979), The Due Process of Law (1980), What’s Next in the
Law (1982), Landmarks in the Law (1984). Cases where he made substantial changes
to the law include Young v Bristol Aeroplane Co [1944] 1 KB 718, Gallie v Lee [1968] 2
All ER 322, Davis v Johnson
[1979] AC 264, Spartan Steel v Martin
[1973] 1 QB 27,
Central London Property v High Trees House
[1947] KB 130, Thornton v Shoe Lane
Parking [1971] 1 All ER 686, George Mitchell v Finney Lock Seeds [1982] 3 WLR 1036.
However, his approach has its critics – see JAG Griffiths review of Lord Denning’s
book The Discipline of Law in (1979) 42 Mod L Rev 348, but see Kirby (1986).
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