Overview
The controversial career of John Walpole Willis is re-evaluated in the first comprehensive study of his legal career. Willis, the fifth judge to be appointed to the Supreme Court of New South Wales, served in three colonies, and in each place he wrestled with the role of the law in a rapidly-changing society. In Upper Canada, he confronted the colony's transition from an oligarchy into a nascent democracy; in his next posting, in British Guyana, he was responsible for helping the colony implement, and absorb the consequences of, the abolition of slavery. New South Wales, his final posting, presented unique legal problems as it evolved from a penal colony into a free settlement, and the new settlement at Port Phillip began to grow. \nTo these troubled societies, Judge Willis brought an acute legal mind and a stormy personality – he was twice dismissed from his post by the local Governor. Earlier studies have tended to view him either as a wronged genius or a vain, deranged misfit. Max Bonnell, an experienced lawyer and Adjunct Professor of Law at Sydney University, has rediscovered Willis as a contradictory figure – Australia's first activist judge, who was nonetheless a stickler for the letter of the law; the author of several remarkably humane and enlightened judgments, who was capable of endorsing appalling cruelty; and a man who insisted upon decorum and propriety, yet was undone by his own conspicuous failures of self-control. \n“Willis’ story was ripe for the telling, its central protagonist is a character of colour and drama who attracted many a cause célèbre. As one journalist of the time recorded, “as there was no theatre in town, Judge Willis was reckoned to be ‘as good as a play’”. Max’s book is also peppered with amusing titbits from history, from the unlikely first train accident to Willis’ family connection to Queen Elizabeth II. While the facts alone paint a fascinating picture, this book is not just a recital of facts; it is accompanied by regular and incisive analysis, a credit to the author’s perceptiveness and ability.”
Full Product Details
Author: Max Bonnell
Publisher: Federation Press
Imprint: Federation Press
Weight: 0.550kg
ISBN: 9781760020866
ISBN 10: 1760020869
Pages: 304
Publication Date: 15 February 2017
Audience:
College/higher education
,
Professional and scholarly
,
Postgraduate, Research & Scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
Availability: Available To Order
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Reviews
This is a rather remarkable book about a rather remarkable judge. Walpole Willis was a judge in the colony of New South Wales in the first half of the 19th century. By all accounts he was a person of an irascible nature but with an acute legal mind. He appears to have had considerable legal ability, albeit, at times, applied to the extreme. That was especially evident in his penchant for declaring the invalidity of the actions of his brother judges. He was a person of great humanity which was unfashionable for the times, but also known to be capable of great cruelty. Some described him as a wronged genius, others as a vain, deranged misfit. Willis had an unusual legal career as a judge. He was appointed to three colonial courts, the last being in New South Wales. He was twice dismissed from office by the local Governor. In this work Max Bonnell has sought to unravel the mystery around this unusual and often contradictory judge. As Mr Bonnell identifies, Judge Willis' judicial career spanned many difficult geographical locations where the system of justice was often just embryonic and social and political climate was in a state of constant flux. Nevertheless, it was not surprising that a judge who reportedly engaged in haranguing counsel, other judges, politicians and the press from the Bench, soon came into conflict with almost everybody wherever he was posted. This an extremely well written book. It is well researched and carefully curated. The historical content is detailed but not cumbersome. Moreover, it is an important reminder of the human qualities of judges; that they possess the fragilities that we all do, to a greater or lesser degree, and they are often called upon to perform their duties in difficult political and social situations. This work is another excellent contribution to the chronicling of Australian Legal History, of which the Federation Press leads and champions. - Queensland Law Reporter - 24 February 2017 - [2017] 07 QLR
