Michael Kirby

The Chief Justice of New Zealand opened his recent judgment on the attempts to suppress the book Spycatcher by Peter Wright with the comment that it was ‘probably the most litigated book in all of history’. That may be correct; although I suspect that the Bible may yet have a slight edge. The Bible was probably the first book carried from the ships of the First Fleet when they anchored in Syd ... (read more)

This is not an easy book to read. It is crammed full of ideas, literary and musical allusions, and theories about law and justice. The author’s basic thesis – that law is a concept imperfectly realised, continuously reinterpreted, and always in flux – is not really controversial in legal circles in Australia today, let alone novel. The most influential legal scholar in Australia’s history, ... (read more)

In the days when every Australian law student studied legal history, one of the famous cases we were taught was about James Somerset. Taken from Africa, probably in his early teens, Somerset, in 1749, was by the laws of Virginia made a chattel of his master, Charles Steuart. Twenty years later, Steuart took Somerset to England, where he continued to serve as a slave for two years until, in October ... (read more)