Title: Sir Owen Dixon, Strict Legalism and<i>Mcrae V Commonwealth Disposals Commission</i>
Abstract: One of the central debates in law concerns the nature of judging and, in particular, whether judicial reasoning is in any way bounded or whether it is essentially open-ended. In Australia, a particularly influential view for many years was that expressed by Sir Owen Dixon that judging should be in accord with a '...strict and complete legalism'. In more recent times this view has waned in influence and it has received much criticism from scholars within Australia and from other countries. In other places I have responded in general terms to this criticism, but in this paper I will take a different tack and consider in detail on of Sir Owen Dixon's most important contracts decisions to see if his reasoning is in line with his self-described judicial method.
Publication Year: 2009
Publication Date: 2009-12-01
Language: en
Type: article
Indexed In: ['crossref']
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Cited By Count: 2
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