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Sir Owen Dixon’s Legacy

Sir Owen Dixon’s Legacy

Author: John Eldridge; Timothy Pilkington
Publisher: The Federation Press
ISBN: 9781760022082
Published In: July 2019
Format: Hardback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Sir Owen Dixon is the most renowned jurist Australia has ever produced. His lasting significance stems not only from a mastery of the technique of the common law, but from his involvement in many of the most important decisions in Australia’s legal history.

During the course of his long tenure on the High Court of Australia, Dixon oversaw the development of virtually every branch of the law. This volume contributes to the understanding of Dixon’s jurisprudence, his judicial method and present-day significance. It ranges widely over the various branches of the law which were enriched by his contributions. The contributors include leading scholars and jurists from across Australia.

The essays which comprise the volume are arranged in three sections. The first takes up a number of fundamental questions going to the character of Dixon’s judicial philosophy. Space is devoted to an assessment of the nature and merits of ‘legalism’, as well as a study of Dixon’s views of the Privy Council. The second section is concerned with his contributions to public law, including his decisions in respect of the criminal law. The third section is concerned with his judgments in private law, including his influence on real property, equity, contract and tort.

Foreword by the Hon Chief Justice Susan Kiefel AC

Acknowledgments

About the Authors

Table of Cases

Table of Statutes

Introduction

John Eldridge and Timothy Pilkington

PART I

1. Sir Owen Dixon and the Common Law Method

Ruth C A Higgins

2. Parker v The Queen and Dixon’s Diminishing Confidence in the Privy Council

Tanya Josev