Michael Kirby
Michael Kirby, AC, CMG, (born 18 March 1939) is an Australian retired judge, jurist, and academic who is a former Justice of the High Court of Australia, serving from 1996 to 2009.
In life, timing is everything. Charles Darwin’s classifications of the species appeared in England at a moment when religious dogmatism was not powerful enough to suppress his notions about evolution. In the 1940s Alfred Kinsey turned his attention from gall wasps to the scrutiny of human sexual behaviour. He would not have got away with it in rural Indiana but for chance events, including a gre ... (read more)
The centenary of the first sitting of the High Court of Australia was celebrated in the same courtroom in Melbourne in October 2003. There followed a conference in Canberra reviewing the decisions of the Court over the course of a century. The papers of that conference will shortly be published for a legal audience.
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The huge changes that have occurred in Australia in the space of a century were reflected in the recent centenary of Federation celebrations in Melbourne. They were evident, for example, in the repeated acknowledgment of Aboriginal Australians and in the selection of a young female Asian-Australian to speak on behalf of the future.
The most significant absentee from the Melbourne ceremony was not ... (read more)
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)