I Like A Clamour

Judgment is a good word. We speak of people with too little judgment, but rarely of people with too much; we like that people are non-judgmental and do not like it when they are; as we know that we must come to judgment, so we practise by passing it on others. Judges are special creatures. Most of us judge something before coming to an assessment. A skilful and honest judge must take the other road, assessing circumstances before reaching judgment. John Walpole Willis had each of these four qualities; he had skill, he had an honesty, he had the ability to assess, and he certainly had the means to reach a conclusion. Yet he lacked utterly that magical ingredient, the virtue the Romans knew as pietas, not a formal piety but a propriety of form and of substance. Read full review… - David Ash, Francis Forbes Society Newsletter, 34, Autumn 2017 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 The historical content is detailed but not cumbersome.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