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Title: The influence of a British legal education and practice at the bar on the judges appointed to the Supreme Courts of Southern Africa 1827-1910
Author: Girvin, Stephen Darryl
ISNI:       0000 0001 3500 5678
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 1990
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This research has analyzed the influence of a British legal education and professional training on the judges who were appointed to the Supreme Courts of Southern Africa in the colonial period from 1827 to 1910. In Part I the history of legal education in England, Scotland and Ireland was discussed as the eighteen barristers and advocates who were studied in Part II were appointed from these three jurisdictions. Part II highlighted the early professional careers of these men following an excursus on the opportunities available at 'Home'. Part III examined and analyzed aspects of their judicial careers in Southern Africa in the light of the material discussed in Parts I and II. There was a considerable range of both experience and subsequent judicial ability among those judges appointed from the English Bar. Several were competent, with the exception of two judges, one apponted at the end of his career (Cole), and another whose appointment was brief owing to serious ill health (Ebden). The Irish judges were, on the whole, able, with the exception of FitzPatrick who was charged with incompetence, and though this was not adequately proved, detracts from his career. Of all the judges studied the Scot, Menzies, was the most outstanding, notable for his intelligent scrutiny of the authorities and his intellectual grasp of the law. This research has revealed that it is impossible to predict the subsequent colonial judicial performance of barristers and advocates appointed from England, Scotland and Ireland in the nineteenth century. Neither previous educational performance at a British university or professional competence at the English, Irish or Scots Bars proved to be an accurate barometer of judicial potential.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: History