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• Published on: 2013-08-16
• Binding: Hardcover

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Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry
By Saamir Nizam
This collection of 47 essays in memory of Lord (Alan) Rodger of Earlsferry cover almost every facet of the life of a remarkable man. He was born in Glasgow in 1944 and educated at the Kelvinside Academy before attending the University of Glasgow, where he first earned a degree in modern languages and then his LL.B. After graduating, he pursued his D.Phil. in Roman Law at Oxford. While there, he met his lifelong mentor, David Daube, the Regius Professor of Civil Law, and undertook fellowships at Balliol and New College, Oxford. Personal matters brought Rodger back to Scotland, where he trained at an Edinburgh firm before becoming an advocate (a Scottish barrister) in 1974 and a Queen's Counsel ("taking silk") in 1985. In that year, he began his public service, first as an Advocate-Depute (prosecutor), Solicitor-General, and finally Lord Advocate in 1992. In 1995, Rodger was appointed to the judiciary, first as a judge of the Outer House of the Court of Session, and the following year, as Lord Justice General and Lord President of the Court of Session. After almost 30 years in Scotland, Lord Rodger was appointed to the House of Lords as a Lord of Appeal in Ordinary and in 2001 moved to London, where in 2009 he became a Justice of the Supreme Court when that institution came into existence. That is the position he held when he was diagnosed with a brain tumour and died following a short illness. In the course of his altogether short life, Lord Rodger was a leading authority on Roman law, statute law, and Scots law and legal history. Rodger taught law at Oxford and Glasgow and was appointed a Fellow of the British Academy and the Royal Society of Edinburgh for his many achievements.The recitation above obviously captures little of substance about a man of great substance. In Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry, editors Andrew Burrows, David Johnston and Reinhard Zimmermann have collected 47 essays by lawyers, judges, academics, and others who knew the man well. These essays reveal Rodger's intellect and his manner, his philosophy, and his work in a careful, probing, and detailed way.Space restrictions do not permit a comment on all the essays, but some stand out to this reviewer. Colin MacKay, a lifelong friend, starts the essays with a personal childhood recollection. While at Glasgow, returning after vacation, MacKay asked Rodger what he did over the summer. "Learning Russian" came the answer. When asked why, Rodger showed perplexity, as if to ask, `Why not?' Andrew Burrows, an editor of the title and law professor at Oxford, reveals that Rodger "had an almost Calvinstic zeal for work" but also a sense of humour and enjoyed "teasing and gossip". He had a great fondness for his assistants, Burrows informs us, and was instrumental in breaking the all-male clerking system at the Faculty of Advocates by advancing a former female colleague into the position of first woman advocate's clerk.Lord Brown, former Justice of the Supreme Court, recounts how uncertain he felt at disagreeing with Rodger, confessing in a case that having read the latter's draft opinion, "I confess to having found it sufficiently persuasive to cause me to doubt the correctness of my own conclusion . . . ." Judges don't normally say such things. Judge David Edward reveals that Rodger went to Oxford: "He went to Oxford to solve a problem - as he said, `the puzzle of Roman servitudes and a classic of Roman law'. Having solved it, the rest of an academic career, however distinguished, would be a bit of an anticlimax."Lord Reed, until recently also a Supreme Court Justice, writes about Lord Rodger's style of legal opinions which are "heard across the centuries": they are "well written pieces of English prose, . . . [t]heir language is vigorous and arresting. They hold the reader's attention. They are persuasive, skillfully deploying humour and rhetoric to make a point. They are lucid and scholarly. They also reflect the personality of the man who wrote them . . . ." To this reviewer, Lord Walker provides a valuable insight on Lord Rodgers' "interest and expertise in statute law", especially "the structure and draftsmanship of the Human Rights Act 1998 and the Scotland Act 1998". He referred to the former as "beautifully drafted . . . tight and elegant . . .". Lord Rodger had a strong "duty to statute law" and "felt strongly about this aspect of his work. He was for some years a devoted President of the Statute Law Society."It is also gratifying that this great Scotsman is remembered so fondly by his Scottish colleagues, themselves luminaries in law and history, such as Lord Hope, Lord Reed, John W. Cairns, Kenneth G.C. Reid, Aidan O'Neill, and, of course, Hector L. MacQueen (to mention a few). But perhaps the most touching remembrance is by the Scottish judge and jurist David Edward, who ends by saying, "So I would like to say farewell to Alan, companion of many a night's talk and laughter with the words of th[is] Greek epigram . . .: They told me, Heraclitus, they told me you were dead. They brought me bitter news to hear and bitter tears to shed. I wept as I remembered how often you and I Had tired the sun with talking and sent him down the sky. And now that thou art lying, my dear old Carian guest, A handful of grey ashes, long, long ago at rest, Still are thy pleasant voices, thy nightingales, awake, For Death, he taketh all away, but them he cannot take.There is so much excellent material here, parts riveting depending on the interests of the reader, other parts merely interesting. The individual essays are relatively short but meaningful. They reveal a facet of Lord Rodger, be it kind or coarse, and then his humanity. All the writers reflect on how much he meant to them, his kindness and humour, despite his sometimes prickly side. The authors also provide a rich source of other materials to pursue, opinions, articles, and letters, which can add even more texture to our understanding of Lord Rodger. With 47 separate essays, every reader with an interest in law will find some aspects of this book hard to put down. Oxford University Press and the authors are to be commended at this superlative effort.Saamir K. NizamScottish Parliamentary Review18 January 2014

0 of 0 people found the following review helpful.
Brilliant
By TW
A marvellous tribute to an extraordinarily distinguished judge and jurist. His loss will be felt for many, many years. This book is a fine memorial.

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