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The Art and Craft of Judgment-Writing: A Primer for Common Law Judges 2nd ed


ISBN13: 9781837230709
Previous Edition ISBN: 9781787428577
To be Published: May 2025
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £165.00



Reviews from the previous edition:

"This is a marvellous book, full of wisdom and literary references. It is written by a leading Irish judge and brings with it an international flavour, featuring judgments from common law jurisdictions across the world." - David Pickup, Law Society Gazette

"This is an enjoyable and instructive book for all who are interested in how law is made." - Joshua Rozenberg

"I very much enjoyed the opportunity this book gave me for dipping in and out of a wide range of judgments across a wide span of geography and time, absorbing their literary qualities and individual styles…I found myself turning down the corners of pages so I could better find again some little quote from a judgment that I rather liked, and which had current potency or particular relevance to my field of work or areas of interest… I thought this was an excellent book and recommend it to other legal professionals, not just judges." - Lucy Reed KC

In this second edition of The Art and Craft of Judgment WritingMax Barrett, an experienced and practising judge working in Ireland, will not only enhance your judgment writing skills but elevate them to a new level of clarity, precision and style. With the first edition already used by judges around the globe, this new edition goes beyond the fundamentals to dive into cutting-edge areas of interest that today’s judges need to navigate.

Subjects new to the second edition:

  • The use (and misuse) of artificial intelligence in judgment writing. Stay ahead of the curve as AI begins to influence legal writing
  • Visual aids in judgments. Learn how diagrams, graphs and infographics can make judgments more comprehensible and memorable
  • Effective use of Precedent. Read about the challenging balance between being thorough and overwhelming your readers
  • The power of storytelling. Discover how narrative techniques can make your judgments clearer and more powerful
  • Structured writing and editing. Develop a process that ensures your judgments are well-organised and polished
  • Proper use of footnotes and gender-inclusive language. Enhance the professionalism and inclusivity of your work
  • Collaborative judgment-writing. Understand better the dynamics of working on a judgment-writing team

With more real-world examples from case law, a 'key learnings and question' section with each chapter to help judges turn theory into practice and an entirely new exploration of what great fiction writers have taught about writing, The Art and Craft of Judgment Writing is not just a book: it's a roadmap to becoming a better writer and a more effective judge.

Subjects:
Drafting and Legal Writing, Judiciary
Contents:
Preface
Foreword

Part 1: General
1. On judgments
2. Judgments: purpose and audience
3. Judgment length
4. Judgment style
5. Judgment structure
6. Dissenting and concurring judgments
7. Children, families, and immigrants
8. Ex tempore judgments
9. The judgment as the art of truth

Part 2: Some specific aspects of judgment writing
10. Writing a judgment using AI
11. The ethics of using AI
12. AI and legal research
13. Visual aids
14. Storytelling
15. Structured writing
16. Using precedents
17. Sensitive information
18. Writing long judgments
19. Judgment summaries
20. Editing
21. Footnotes
22. Collaborative judgment writing
23. Media sensitivity
24. Gender-inclusive language
25. The future of judgment writing

Part 3: Some great judges and their writing
26. Three great women judges
27. Three great American judges
28. Three great British judges
29. Some great judges from the wider world

Part 4: Some lessons from great writers
30. Barbauld
31. Besant
32. Conrad
33. Crawford
34. De Maupassant
35. De Quincey
36. Forster
37. Hardy
38. The Hawthornes
39. Hazlitt
40. Howells
41. James
42. Johnson
43. Lawrence
44. Lewes
45. Lewis
46. Matthews
47. Maugham
48. Orwell
49. Pater
50. Poe
51. Raleigh
52. Saintsbury
53. Schopenhauer
54. Spencer
55. Stevenson
56. Thompson
57. Trollope
58. Twain
59. Wharton
60. Woolf

Part 5: A judgment writing code
61. A proposed code on judgment writing

Appendix A: A Handbook on Judgment Writing