65
271. The Law Commission has done some work that has utilised other disciplines.
The accident compensation work involved public policy, economic and actuarial
analysis. The work on the format of legislation involved experts on English,
type and publishing. Most notably the empirical research done into The
Operations of the New Zealand Jury in Criminal Cases by Professor Warren
Young, Neil Cameron and Yvette Tinsley is a landmark in legal research.56
More of this work needs to be done. It is expensive to undertake, but without it
New Zealand will never be at the cutting edge.
272. It is interesting to note that the President of the Law Commission of Canada,
Roderick A McDonald, has pointed out in a recent article in the Canadian Bar
Review that the approach of the Law Commission of Canada is
multidisciplinary with the law being investigated as part of the broader social
and economic environment. The Commission understands multidisciplinary to
mean that issues should not only be examined, but also defined as much by
disciplines other than law as by the law itself.57
273. The time has come to take that on board in New Zealand and there is nothing in
the Law Commission Act that prevents interdisciplinary research. People
learned in disciplines other than the law can be appointed Commissioners
and probably one Commissioner should come from a discipline outside the
law. A person with expertise in law and economics would be an obvious choice.
The analytical insights of this new discipline are of particular importance to law
reform projects.
274. But it is not merely the Commissioners who need to come from other
disciplines, it is also the researchers. The Law Commission employs primarily
lawyers as its researchers, and a leavening of other disciplines would be of
assistance there. There are also occasions for particular projects where experts in
particular fields should be brought in to assist the Law Commission.
275. For example, the absence of specific social science expertise on the Law
Commission may have at least in part been responsible for the internal
55
O W Holmes, The Path of the Law (1897) 10 Harvard Law Review 457.
56
Juries in Criminal Trials: Part Two A Summary of the Research Findings, NZLC PP 37,
Volume 2 (November 1999).
57
R A Macdonald, Law Reform and its Agencies (2000) 79 Canadian Bar Review 99, 104.