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The literary desert in Australian law. (Law).(quoting from literature in judicial decisions)
QUOTING POPULAR literature in judicial utterances can be quite dangerous. It is much safer to stick to the classics, to Shakespeare, or other writers long since safely dead. Modern authors may be part of popular culture. They may be less respectable and less respectful of judicial gravitas. I therefore begin this tale with two instances in which a judge used a quotation from modern literature whose imagery upset the audience to whom it was addressed.
The famous wartime decision of the House of Lords in Liversidge v Anderson was delivered in late 1942. These were times dangerous for England's survival. Yet whilst the bombs were falling, Lord Atkin penned a ...
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