Posts tagged ‘law’

October 17, 2018

Eve was Shamed – How British Justice is Failing Women by Helena Kennedy

by Team Riverside

Hardback, Chatto & Windus, £20, published 11 October 2018

Eve was Shamed is a timely and comprehensive update on women as they engage with Helena Kennedy EVE WAS SHAMEDthe UK’s criminal justice system, from a legendary feminist human rights lawyer.  The depth of her experience over years of legal practice and activism makes this a must-read. You don’t have to agree with everything she says to benefit from her thoughtful and erudite commentary.

17 years after I first read her classic book on women and the law Eve was Framed, Eve was Shamed shows where we have made progress and where so much remains to be done.  Her account includes experiences of women lawyers, survivors of domestic or sexual violence, prisoners, judges, and others.  She finds that “despite the dramatic changes which have taken place in women’s lives over the last four decades, women are still facing iniquitous judgements and injustice within the legal system.  All the legal reforms have produced only marginal advances”.  (p. 317)

Kennedy’s dual commitment to feminism and to human rights is particularly interesting.  Her values inform her approach to her work, including her analysis of difficult or controversial situations in public life.  She recounts occasions when this has led to conflict with people she has been allies with, and it is evident that she values the process of discussion and exchange that leads to resolution, even where this is uncomfortable or challenging.  She notes: “feminism is about justice if it is about anything, and that means for men as well as women.  Justice for women is not secured by reducing justice for men.” (p. 324)

She has lost none of her passion or commitment on the things that matter to her, making her a useful model for how to survive and remain effective during bleak times.  Her considered solutions to problems are offered throughout, and this means that despite the subject matter you feel that real change is possible.  Jacky Fleming’s inspirational cartoon remains helpful (see https://www.jackyfleming.co.uk/product/never-give-up/).

Review by Bethan

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September 7, 2016

His Bloody Project, by Graeme Macrae Burnet

by Team Riverside

Paperback, Contraband, £8.99, out nowgraeme-macrae-burnet-his-bloody-project

This Booker-longlisted novel is the story of a 17 year old boy facing the death penalty for a triple murder committed in a remote village in the Scottish highlands.  It is 1869, and Roderick Macrae is the son of a crofter who is living in a feudal society.  His Bloody Project is presented like a true crime story, with an account by the killer of what happened and documents from other parties involved.  The novel is introduced by the author, in his own name, suggesting that Roderick Macrae was a relative of his.  You have to bring your brain to this collection of purported primary sources, and the main question you have to answer is not whether Macrae committed the crime, which he admits, but whether he was mad at the time.  If it could be proved that he was insane, he might avoid the otherwise inevitable death penalty.

What has happened to Macrae that may have led to this point?  Through his partial account we hear of brutality, unfairness, bereavement and extreme poverty.  As a study in the abuse of power, and the impunity that goes with it, the book is excellent (to be more specific would be to risk spoilers).  The language used by every character in the documents is evocative and convincing – for example, Macrae calls winter in the village the ‘black months’ and summer the ‘yellow months’.

His Bloody Project grips tighter and tighter as the pages run out.  As we find out more about the murders and the killer, we inevitably think more about how we test whether a defendant was insane or not, an issue as present today as in 1869.  Equally relevant now, is the question – when you are subject to the law but the law does not protect you when you need it, can the society you live in really be said to be based on the rule of law?

Review by Bethan

October 19, 2015

Jeremy Hutchinson’s Case Histories, by Thomas Grant

by Team Riverside

John Murray, out now, £25

A child of the Bloomsbury group, Jeremy Hutchinson became a leading QC at the criminal bar in postwar Britain. Fellow lawyer Thomas Grant has written Hutchinson’s life in an unusual style – a shortish biographical sketch, followed by in depth accounts of Hutchinson’s most famous cases. This approach successfully illuminates not only a well-spent life, but alsThomas Grant JEREMY HUTCHINSON'S CASE HISTORIESo the contribution of an exceptional advocate at pivotal moments of change in British social and cultural history.

As a lawyer who often defended the unpopular or those in conflict with the establishment, much of his work concerned freedom of expression. Obscenity trials feature – he represented Penguin Books in the Lady Chatterley’s Lover trial as well as the National Theatre concerning their production of The Romans in Britain. He also defended the rights of journalists Duncan Campbell and Jonathan Aitken when they were prosecuted under the Official Secrets Act, and also represented the notorious cold war spy George Blake. The movement towards a more open and freer society is traced through Grant’s well drawn studies.

Hutchinson emerges not only as a great advocate, but as a genial and thoughtful man. Now 100, his postscript to the book shows him to be as committed to the principle of access to justice as ever: “When at long last in 1950 the Legal Aid Act was passed, the idea was that everyone should be able to obtain legal advice if unable to pay for it because, after health, the most important element in a civilised society is the ability of every citizen to assert and protect these rights: in other words a ‘national legal service’.” He notes that “real prison reform calls for imagination, courage and determination; the dismantling of legal aid a mere stroke of the pen”. Recommended.

Review by Bethan