{"title":"欧文-伍德豪斯爵士与新西兰法律的制定","authors":"G. McLay","doi":"10.26686/vuwlr.v54i4.9369","DOIUrl":null,"url":null,"abstract":"In the 2022 Sir Owen Woodhouse Memorial Lecture, I considered what it means to make law in New Zealand. Using examples from Sir Owen Woodhouse's illustrious career as a judge and law reformer, I argued that there are important differences in judges' and law reformers' conceptions of \"making law\". The common law is best seen not as a collection of rules but as a custom as to how to go about recognising what the law is. As a result, it is better to think of what New Zealand judges do as making common law in New Zealand, rather than remaking a New Zealand common law outside pre-existing traditions. The lecture illustrates this point by analysing the Supreme Court's decision in Ellis v R (Continuance), which was decided between the lecture being given in Wellington and its being given in Auckland in October 2022.","PeriodicalId":426444,"journal":{"name":"Victoria University of Wellington law review","volume":" 14","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Sir Owen Woodhouse and the Making of New Zealand Law\",\"authors\":\"G. McLay\",\"doi\":\"10.26686/vuwlr.v54i4.9369\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In the 2022 Sir Owen Woodhouse Memorial Lecture, I considered what it means to make law in New Zealand. Using examples from Sir Owen Woodhouse's illustrious career as a judge and law reformer, I argued that there are important differences in judges' and law reformers' conceptions of \\\"making law\\\". The common law is best seen not as a collection of rules but as a custom as to how to go about recognising what the law is. As a result, it is better to think of what New Zealand judges do as making common law in New Zealand, rather than remaking a New Zealand common law outside pre-existing traditions. The lecture illustrates this point by analysing the Supreme Court's decision in Ellis v R (Continuance), which was decided between the lecture being given in Wellington and its being given in Auckland in October 2022.\",\"PeriodicalId\":426444,\"journal\":{\"name\":\"Victoria University of Wellington law review\",\"volume\":\" 14\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-03-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Victoria University of Wellington law review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.26686/vuwlr.v54i4.9369\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Victoria University of Wellington law review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26686/vuwlr.v54i4.9369","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Sir Owen Woodhouse and the Making of New Zealand Law
In the 2022 Sir Owen Woodhouse Memorial Lecture, I considered what it means to make law in New Zealand. Using examples from Sir Owen Woodhouse's illustrious career as a judge and law reformer, I argued that there are important differences in judges' and law reformers' conceptions of "making law". The common law is best seen not as a collection of rules but as a custom as to how to go about recognising what the law is. As a result, it is better to think of what New Zealand judges do as making common law in New Zealand, rather than remaking a New Zealand common law outside pre-existing traditions. The lecture illustrates this point by analysing the Supreme Court's decision in Ellis v R (Continuance), which was decided between the lecture being given in Wellington and its being given in Auckland in October 2022.