9
work that can most effectively, efficiently and productively be undertaken. I am
persuaded that we can do better and more effective work if, in the appointment of
Commissioners and in engaging research staff and consultants, we embrace people from
other disciplines. Wider perspectives can only be advantageous in assessing the present
and recommending productive change for the future.
The Mission of a Law Commission
The longer I am involved in the law (my interest and perspectives have been many and
varied over more than 4 decades) the more I am persuaded that the law in my country
(and I suspect in many parts of the world) has become too much of an end in itself. It
is too often inward looking and with norms, standards and approaches maintained for
the benefit of those who are already within the group or club and insufficiently directed
to the needs and rights of the general populace. By that I mean that, as an institution,
the Courts and Tribunals of our land, and the laws which are administered in them, are
not sufficiently accessible or available to the general community. There are barriers of
cost. There are barriers of time. There are barriers of ethos and language. Worldwide
there is a need for renewal and improvement on a continuous basis.
I reject the notion that the law is so complicated and complex that we who are its
operators at various levels and in sundry ways cannot express ourselves more directly
and more openly and that we cannot be more responsive to the needs of the community
which are to be served.
In the rhetoric of high days and holidays, we speak of the Courts as the third arm of
Government, but it is an arm which has insufficiently adapted to contemporary needs,
nor which in its approach adequately reflects the changes in technology especially in the
last part of the 20th Century. The law is heartily caught in a time-warp and appears over-
influenced by how things happened a century ago. I believe that the overwhelming
reason to have a Law Commission, and the hallmark against which we should determine
whether one is effective, is whether, in all areas of the law and its manifestations, the