Watching Out: reflections on justice and injustice

‘When put to the test, most people have difficulty identifying what justice is, especially when there is tension between proper process and a desired result. Due process is inherent in our conception of justice. But bad process can yield the right result, just as good process can produce the wrong result. The legal system is designed to produce justice. We call it the justice system — sometimes un-selfconsciously, sometimes with bitter irony. It is designed to produce justice according to law. Whether it achieves that goal is not the subject of general agreement.’

In Watching Out, a successor volume to his best-selling Watching Brief, noted barrister and human-rights advocate Julian Burnside explains the origins of our legal system, looks at the way it operates in practice, and points out ways in which it does and doesn’t run true to its ultimate purposes.

He examines fundamental legal principles, such as the presumption of innocence, explains why good barristers defend bad people, and sets out legal remedies for wrongs done to individuals and groups.

The law’s reach is immense, and so is the territory this book covers. Legal aid, class actions, assisted dying, counter-terrorism, unjust verdicts, and the treatment of asylum-seekers are some of the contentious subjects dealt with here. There is also a compelling chapter on the plight of people who are bereft of legal remedies, living on the margins of society, and shocking examples of hate mail that Burnside’s defence of refugees has provoked.

Rich with fascinating case studies, and eloquent in its defence of civil society, Watching Out is a beacon of legal liberalism in an intemperate age.

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Watching Out: reflections on justice and injustice

‘When put to the test, most people have difficulty identifying what justice is, especially when there is tension between proper process and a desired result. Due process is inherent in our conception of justice. But bad process can yield the right result, just as good process can produce the wrong result. The legal system is designed to produce justice. We call it the justice system — sometimes un-selfconsciously, sometimes with bitter irony. It is designed to produce justice according to law. Whether it achieves that goal is not the subject of general agreement.’

In Watching Out, a successor volume to his best-selling Watching Brief, noted barrister and human-rights advocate Julian Burnside explains the origins of our legal system, looks at the way it operates in practice, and points out ways in which it does and doesn’t run true to its ultimate purposes.

He examines fundamental legal principles, such as the presumption of innocence, explains why good barristers defend bad people, and sets out legal remedies for wrongs done to individuals and groups.

The law’s reach is immense, and so is the territory this book covers. Legal aid, class actions, assisted dying, counter-terrorism, unjust verdicts, and the treatment of asylum-seekers are some of the contentious subjects dealt with here. There is also a compelling chapter on the plight of people who are bereft of legal remedies, living on the margins of society, and shocking examples of hate mail that Burnside’s defence of refugees has provoked.

Rich with fascinating case studies, and eloquent in its defence of civil society, Watching Out is a beacon of legal liberalism in an intemperate age.

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Watching Out: reflections on justice and injustice

Watching Out: reflections on justice and injustice

by Julian Burnside
Watching Out: reflections on justice and injustice

Watching Out: reflections on justice and injustice

by Julian Burnside

eBook

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Overview

‘When put to the test, most people have difficulty identifying what justice is, especially when there is tension between proper process and a desired result. Due process is inherent in our conception of justice. But bad process can yield the right result, just as good process can produce the wrong result. The legal system is designed to produce justice. We call it the justice system — sometimes un-selfconsciously, sometimes with bitter irony. It is designed to produce justice according to law. Whether it achieves that goal is not the subject of general agreement.’

In Watching Out, a successor volume to his best-selling Watching Brief, noted barrister and human-rights advocate Julian Burnside explains the origins of our legal system, looks at the way it operates in practice, and points out ways in which it does and doesn’t run true to its ultimate purposes.

He examines fundamental legal principles, such as the presumption of innocence, explains why good barristers defend bad people, and sets out legal remedies for wrongs done to individuals and groups.

The law’s reach is immense, and so is the territory this book covers. Legal aid, class actions, assisted dying, counter-terrorism, unjust verdicts, and the treatment of asylum-seekers are some of the contentious subjects dealt with here. There is also a compelling chapter on the plight of people who are bereft of legal remedies, living on the margins of society, and shocking examples of hate mail that Burnside’s defence of refugees has provoked.

Rich with fascinating case studies, and eloquent in its defence of civil society, Watching Out is a beacon of legal liberalism in an intemperate age.


Product Details

ISBN-13: 9781925548501
Publisher: Scribe Publications Pty Ltd
Publication date: 07/31/2017
Sold by: Barnes & Noble
Format: eBook
Pages: 272
File size: 377 KB

About the Author

Julian Burnside, QC, is an Australian barrister who specialises in commercial litigation and is also deeply involved in human-rights work, in particular in relation to refugees. He is a former president of Liberty Victoria, and is also passionately involved in the arts: he is the chair of Melbourne arts venue fortyfivedownstairs, and regularly commissions music. He has published a children’s book, Matilda and the Dragon, as well as Wordwatching, a collection of essays on the uses and abuses of the English language, and Watching Brief: reflections on human rights, law, and justice.

Table of Contents

Introduction 1

1 Foundations 13

2 Some basic concepts 30

3 The justice system and the legal system 47

4 The cab-rank rule 68

5 The presumption of innocence 81

6 Remedies 93

7 A fair go 97

8 Legal Aid 115

9 David v Goliath 121

10 Petrol prices 129

11 Negligence 132

12 Class actions 137

13 The stolen generations 142

14 Not seeing the wood for the trees 150

15 A right to die? 154

16 Suspected terrorists 160

17 Hate mail 171

18 Human rights 175

19 Refugees 197

20 At the margins 212

21 What is to be done? 224

Appendices

A Crying out for help 229

B Codifying and protecting human rights 240

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