Hutchinson, Allan C.

English

York University, Osgoode Hall Law School

Osgoode Hall Law School of York UniversityOsgoode Digital CommonsArticles & Book Chapters Faculty Scholarship1980Book Review: Learning the Law, Tenth Edition, byGlanville Williams; Introduction to the Study ofLaw, by S. M. WaddamsAllan C. HutchinsonOsgoode Hall Law School of York University, ahutchinson@osgoode.yorku.caFollow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_worksThis Book Review is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted forinclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons.Recommended CitationHutchinson, Allan C. "Book Review: Learning the Law, Tenth Edition, by Glanville Williams; Introduction to the Study of Law, by S.M. Waddams." Canadian Bar Review 58.1 (1980): 246-248.246	LA REVUE DU BARREAU CANADIEN [VOL . LVIIIwealth or Empire, had the right to immigrate into the UnitedKingdom. By virtue of a series of restrictive statutes, and asillustrated by Lord Denning's judgment in Ex p . Thakur, 4° this is farfrom being the case any longer . Anyone possessing formal Britishnationality must now pay particular attention to the latest manifesta-tions of English immigration law, while anyone residing in themember countries of the European Community may find his freedomof movement radically affected by the provisions of the Treaty ofRome and particularly by the public policy reservation governed byVan Duyn . Such persons and their legal advisers will be grateful toProfessor Evans of Osgoode Hall Law School for the very short andcomparatively uncomplicated account he has provided of Immigra-tion Law in Britain and Europe . Perhaps some time he may do thesame for Canada, for what he describes as the basis of immigrationcontrol applies equally here as to the areas of his examination: "Aswith other restrictions imposed by the state upon personal freedom,legal powers that interfere with an individual's freedom to enter orremain in the country raise two issues . First, justification must befound for the substance of the power by striking an acceptablebalance between the pursuit of a legitimate state interest and theinterest of the individual in his freedom. Secondly, the form of thepower should limit the exercise of the protection of legitimate stateinterests and provide as clear an indication of the scope aspracticable ; this latter point is closely connected with the questionsof procedure and the appropriate means of reviewing itsexercise""-a matter which constantly arises in applying orappealing against the application of Canadian immigration law. Bethat as it may, this comment with but little amendment could easilyhave been embodied by Sir Zelman Cowen in his Tagore Lectures onIndividual Liberty and the Law .L. C . GREEN*Learning the Law . Tenth Edition . By GLANVILLE WILLIAMS .London : Stevens & Sons . 1978 . Pp . 209. ($10.60)Introduction to the Study of Law . By S.M. WADDAMS. Toronto.Carswell Co . Ltd. 1979 . Pp . 270 . ($7 .95)Many books aimed at the beginning law student come and go, butProfessor Williams' slim volume has remained a creditable andconstant feature of legal publishers' lists for over a quarter of acentury. Distilled from over forty years of experience as a teacher40 [19741 2 W.L.R . 593 ." P . 11 .* L . C . Green, University Professor, University of Alberta, Edmonton .19801	Revue des livres 247and writer,' it provides the fresher with a treasure-trove of adviceand wisdom which will stand him'in good stead throughout his legalcareer . ®f more immediate interest, it provides a discrete andeminently readable source of information and answers to all thosenagging questions which the student does not feel sufficientlyconfident to ask for fear of being prematurely labelled a dull student .Being the tenth edition in thirty-three years, the law teacher can restassured that in recommending this publication, the material has beenselected and written by a proven master of his craft.Yet, aside from this deserved praise, there lingers a feeling thatif this book is to retain its pre-eminent position as a model ofrelevance and readability, it will have to try just that little bit harderto maintain the high standards it has set for itself . Although theauthor has been well advised to delete the short section on"Women" which struck an unduly dated note, the up-dating islargely restricted to a few footnotes and points of substantive law inthe text . Basically, the alterations are of an entirely cosmetic nature .Based, as it is, on a very traditional process of legal education, thereis a real danger, therefore, that, if some sensitive attempt is not madeto amend its overall style and approach to meet and reflect thechanging face and structure of modern legal education, its sterlingqualities of universal appeal and reliability will be seriouslyundermined . Fortunately, these incipient signs of weakness areunlikely to have as serious consequences as might first be predictedfor the potential readership for Professor Waddams has published âmonograph that makes good any signs of out-datedness in GlanvilleWilliams' book and stands as a genuine contender, certainly inCanadian terms, to Glanville Williams' previously unchallenged andleading position in the market .Professor Waddams has put together a book that is thoroughlycontemporary in scope and content. Writing in an uncluttered andincisive style that befits his chosen topic, he presents variousfoundational issues in a balanced and stimulating manner . Always atpains to illustrate and explain concepts, like judicial precedent, byreference to extracts from modern cases, he manages to be decisivewithout appearing partisan :2Judicial reasoning is always result orientated . . . . Some law students aredistressed to find that judicial reasons generally conceal conclusions . It seemsperhaps that the judges are guilty ofsome kind of fraud. In my ownview, resultorientated reasoning is inevitable, and indeed desirable. Judges cannot becomemere automata drawing in facts and dispensing inevitable conclusions. For thesame reason they cannot be replaced by computers. The settlement of human' See Reshaping the Criminal Law: Essays in Honour of Glanville Williams(1978) .' Introduction to the Study of Law (1979), pp . 107-108.248	THE CANADIAN BAR REVIEW [VOL . LVIIIdisputes is a human process, and it is fortunate that it cannot be automated . Thefact that the reasoning ofjudges is open to critical analysis does not imply thattheir decisions are perverse or arbitrary . It is no easy task to explain a decision,as anyone knows who has tried to do it . Moreover, critical analysis of pastdecisions is as often a technique of arguing for future development of the law asa genuine assessment of the decision . Criticism of former decisions is essentialto the flexibility of the common law .Furthermore, his treatment of many fundamental, yet poten-tially volatile matters, such as the role of the judges and publicpolicy, is carried out with confidence and delicacy .In his introduction to Canadian legal education, he sketches itshistory and present structure so as to enable the reader to get a feelfor the contextual framework in which lawyers are moulded andconditioned . Similarly, in his account of the modern legal profes-sion, he draws a basic picture, while, at the same time, pinpointingthose matters that are of a more topical and controversial concern .Also, Professor Waddams has exceeded his modest aim of writingfor students beginning or seriously contemplating the study of lawand offers sound advice in the chapter on "Analyzing LegalProblems" that bears repeating to those who have long sincecompleted their education . With a sure touch, he takes the readerthrough the basic analytical skills and techniques that any goodlawyer should possess in abundance . Finally, the book contains anumber of useful appendices on common latin phrases, abbreviationsand law reports .The legal community has good reason to be grateful toProfessors Williams and Waddams for finding the time and energy topublish their monographs . It provides further evidence that GlanvilleWilliams and Stephen Waddams are not only great lawyers but alsogreat men. It is only rarely that figures of their reputation and statureremain so sincerely mindful of the needs and wants of the youngstudent and are willing to make an active contribution to easing andovercoming those harrowing first few months . 3 Although bothpublications would repay the close attention of any fledgling lawstudent, Professor Waddams' "little book" seems destined, byvirtue of its contemporaneity and Canadian flavour, to take over asthe recommended text for Canadian students .ALLAN C. HUTCHINSON*a Further evidence of such concern is found in the recent publication ofProfessor Williams' book on criminal law which is specifically aimed at anddesigned for the first-year law student ; see Textbook of Criminal Law (1978) .Allan C . Hutchinson, of Osgoode Hall Law School, York University,Toronto.

Book Review: Learning the Law, Tenth Edition, by Glanville Williams; Introduction to the Study of Law, by S. M. Waddams

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Book Review: Learning the Law, Tenth Edition, by Glanville Williams; Introduction to the Study of Law, by S. M. Waddams

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York University, Osgoode Hall Law School