Desmond Manderson

The current legal regime for the regulation – I use the term advisedly – of drugs has many unintended consequences. One of its minor tragedies is the number of thinkers and activists whose valuable energies are thus diverted to the Sisyphean labour of undoing it. So many words have now been written on the failure of prohibition that there is surely little more to be added. More than a decade ago, former Senator Peter Baume expressed it well: ‘Our strategies seek to prevent the production of certain designated illegal substances, and fail to do so; they seek to prevent the importation of substances, and fail to do so; they seek to prevent the distribution of substances, and fail to do so; they seek to prevent the sale and use of substances, and fail to do so.’ Instead, our laws and policies make all these activities that much more dangerous, more corrupt, more poisonous and more destructive.

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, Professor Julius Stone, taught that simple truth to generations of law students in Sydney between the 1940s and the 1980s. Now, Desmond Manderson is the first director of the Julius Stone Institute for Jurisprudence at Stone’s old law school at the University of Sydney. He has taken up Stone’s grand theme, adding some fresh insights of his own. He has done so in this handsome book, beautifully published by the University of California Press. And there is much that is good and useful in it. But his gems are sometimes maddeningly hidden in a torrent of words that succeed in obscuring the ideas the author wants to get over to the reader.