Law

What exactly is popular culture? Does Big Brother really pose an inherent challenge to law? And what connection does the regulation of cyberpornography have with the film Pretty Woman? These are some of the questions I was left with after reading Romancing the Tomes, a cross-disciplinary collection of conference papers exploring the ‘uneasy relationship’ between law and popular culture from a feminist perspective.

In 1968, Barry Jones edited, and contributed to, the first edition of The Penalty Is Death. The book was produced in the immediate aftermath of the execution of Ronald Ryan in Victoria in February 1967, and in the context of vigorous debates in Australia and other Western countries as to the retention of the death penalty. The second edition, published to commemorate the hundredth anniversary of the abolition of the death penalty in Queensland, arrives in a very different world. A majority of countries are now either abolitionist in law, or have in place an express or de facto moratorium against execution.

Nicholas Hasluck is that relatively rare combination of practising lawyer and accomplished writer. A former judge of the Supreme Court of Western Australia, he has also produced more than a dozen novels and as many works of non-fiction. This duality of roles is not unknown. Two contemporary examples that come to mind are Jonathan Sumption, who was on the UK Supreme Court and is a medieval historian, and Scott Turow, a Chicago attorney whose works include the trial novel Presumed Innocent (1988).

The title of this book, Guilty Pigs, is a reference to the medieval practice of bringing animals and insects to trial and/or punishing them for their conduct, such as killing humans, or destroying orchards, crops, and vineyards, or, in one case, chewing the records of ecclesiastical proceedings. The behaviour of the animal or insect determined whether proceedings were brought in secular or ecclesiastical jurisdictions. A charge of homicide would be initiated in secular tribunals, where domesticated animals such as pigs, cows, and horses were tried and punished, invariably by pronouncement of the death penalty. When animals and insects such as rats, mice, locusts, and weevils invaded houses, fields, or orchards, proceedings were brought in ecclesiastical courts, which eschewed the death penalty, instead excommunicating the hapless defendant.

Drew Rooke begins A Witness of Fact in the viewing gallery of Adelaide’s Forensic Science Centre, his eyes scanning the stainless steel benchtops, scissors, ladles, a pair of ‘large, heavy-duty shears used for cutting through ribs’, and an arsenal of knives of different styles and sizes – ‘what you would see in a commercial kitchen’. The atmosphere is cool, sterile, and menacing. This is where disgraced forensic pathologist Colin Manock worked for thirty years. Given that this book is about Manock, the opening could be confused with scene-setting. But there is a deeper significance to the author’s choice of words, one that goes to the heart of his book: what transforms knives in a commercial kitchen into specialist tools of medical forensics? 

When World War II began, a defence regulation was issued in Great Britain that enabled the home secretary to imprison anyone who they reasonably believed had hostile associations. One such interned individual, Robert Liversidge, objected to his detention and challenged the validity of the home secretary’s decision. In the subsequent case, Liversidge v Anderson, the House of Lords adopted a deferential approach, holding that in a time of war it was inappropriate for the courts to subject the home secretary’s decision making to much scrutiny. But in a thundering dissent, Brisbane-born Lord James ‘Dick’ Atkin disagreed. ‘In England, amid the clash of arms, the laws are not silent,’ he wrote. ‘They may be changed, but they speak the same language in war as in peace.’