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Mansfield, Atkin, Weinstein: Three Responsive Judges at the Nexus of Law, Politics, and Economy

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Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice ((IUSGENT,volume 67))

Abstract

This chapter examines a judge’s role and function in responding to those unique, but not uncommon, cases which attract public attention to civil litigation normally considered to be of a “private” nature. It suggests that in such situations judges have an additional responsibility and opportunity to be responsive. The chapter surveys leading cases of responsive judging to draw out commonalities and lessons for the future. Three remarkable judges and their responsive decisions are discussed: Somerset’s Case (Somerset v Stewart) before Chief Justice Mansfield, Donoghue v Stevenson as considered by Lord Atkin, and the Agent Orange litigation dealt with by the American Judge Jack Weinstein. A theme is developed from these cases which may be stated as the judge’s overriding concern for doing justice in a way which will resonate with the public while at the same time respecting law and the legal system. Judges who navigate the nexus between law and justice while in the public eye use their legal skills, social knowledge, and human responsiveness to do justice to those who appear before them. Judges in an era of increasing openness of courts and pervasive social media may find valuable guidance in these iconic cases. By way of conclusion some thoughts are offered concerning responsive judging focusing on a judge’s responsibility to secure as substantively just a result as possible, within the limits of the law, which is not limited to providing the appearance of justice through procedural propriety.

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Notes

  1. 1.

    Responsive judges can partly be distinguished as those who perceive in some cases before them wider ramifications for society than the narrow legal and factual issues put in dispute by the parties. They thus approach some cases as if they were “public law litigation” although not actually involving public law. See Chayes (1976) and Fiss (1979).

  2. 2.

    The following portrait of Lord Mansfield is largely drawn from Oldham (1992) and Hutchinson (2012).

  3. 3.

    The description of the litigation in Donoghue v Stevenson which follows is largely drawn from Chapman (2010).

  4. 4.

    The following sketch of Lord Atkin is largely drawn from Lewis (1999) and Hutchinson (2012). See also Carney (2005), Applegarth (2015) and Luck (2015).

  5. 5.

    Harding (1964, 435) notes: “The primary impression that remains after reading a wide selection of his judgments is one of his profound and all-pervading common sense. It is not a spectacular quality, except when it is absent, but it would seem to be his most typical and valuable single virtue, a touchstone to warn him when legal jargon and analysis begin to impede a just determination.”

  6. 6.

    See, for instance, Paisley Snail (2017), Donoghue (2017) and Chapman (2010).

  7. 7.

    Biographical details and description of the professional life of Judge Weinstein are drawn from Morris (2011).

  8. 8.

    The following description of Judge Weinstein’s involvement in the case is largely drawn from Schuck (1987) and Sills (2014) which are the most detailed account of the litigation.

  9. 9.

    But see the refusal of the United State Supreme Court to hear a case it deemed moot after offer of full settlement: Genesis Healthcare Corp. v Symczyk (2013).

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Correspondence to Archie Zariski .

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Zariski, A. (2018). Mansfield, Atkin, Weinstein: Three Responsive Judges at the Nexus of Law, Politics, and Economy. In: Sourdin, T., Zariski, A. (eds) The Responsive Judge. Ius Gentium: Comparative Perspectives on Law and Justice, vol 67. Springer, Singapore. https://doi.org/10.1007/978-981-13-1023-2_12

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  • DOI: https://doi.org/10.1007/978-981-13-1023-2_12

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  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-13-1022-5

  • Online ISBN: 978-981-13-1023-2

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