When Judges Change the Law - Speculations about Judicial Reasoning

When Judges Change the Law - Speculations about Judicial Reasoning

Presenter: The Hon. Justice Fran├žois Kunc
The Hon. Justice Fran├žois Kunc sits on the Supreme Court of NSW (Equity Division), is a Past President of the Law and Literature Association of Australia, and is General Editor of The Australian Law Journal. He is also deputy chair of the Faculty's Law Advisory Committee. 

Abstract: What can we learn about judicial reasoning when judges change the law completely, making something lawful that was not, or recognising some new right? This seminar will look at two famous cases which overturned longstanding authority and changed the legal and social landscape in fundamental ways: Brown v Board of Education in the US and Mabo No 2 in Australia. In considering what those cases tell us about how judges reason, the idea of legitimacy, the role of values and the importance of precedent will be discussed.

Recordinghttps://youtu.be/TFXcaG7E9Bw

Background materials for When Judges Change the Law

door frame and framed photo of island

Date and time

From: 12:00 PM Thursday, September 17, 2020 To: 01:00 PM Thursday, September 17, 2020

Location

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