Contentious Questions with Lord Judge

Students in The Dickson Poon School of Law joined Lord Judge to debate “contentious questions” with the former Lord Chief Justice of England and Wales this week. Law students from all years of the King’s LLB programmes as well as postgraduates came together for a discussion of a provocative and difficult legal case.

In introducing the case, Lord Judge reminded students that as part of their training, they are asked to “face their own humanity".  Lord Judge introduced a scenario in which a heavily pregnant woman, who is advised that unless she undergoes a caesarean section, her baby may die, refuses for reasons of personal belief to have the procedure. Lord Judge asked students to consider the woman’s right to autonomy before the law. What is society’s interest in the birth of the unborn child? If society has a right – how does it enforce its own interests?  How do we decide if the woman is thinking rationally?

Encouraging students to take part, Lord Judge reassured them by saying “I still find myself getting nervous and I’ve done [public speaking] all my life”. The group of King’s students put forward their arguments and counter arguments, which included considerations surrounding the rights of the unborn child, the rights of the mother, how the father’s wishes might be considered and who ultimately decides whether a caesarean section should be performed.

Lord Judge congratulated students on being "most articulate" in their consideration of dilemmas that can happen in the real world.  Indeed, the former Lord Chief Justice noted that the students were not engaging in a purely academic exercise.  In fact, Lord Judge wrote the judgment of behalf of the Court of Appeal in a case concerning this very issue, namely the case of St Georges Healthcare NHS Trust v S; R v Collins and others, ex parte S [1998] 3 All ER 673; [1998] Fam Law 526 (CA).  In this case, Lord Justice Judge on behalf of the Court held that, “Even when his or her own life depends on receiving medical treatment, an adult of sound mind is entitled to refuse it. This reflects the autonomy of each individual and the right of self-determination”.

The “Contentious questions”  seminars followed Lord Judge’s seminar on “Why read law?” for King’s undergraduates in October, during which  Lord Judge explored challenges and choices that law students and new lawyers face as they begin their careers. "As a student of law you need a thinking mind, not a reactive mind, not a prejudiced mind" he said.

Lord Judge joined The Dickson Poon School of Law as Dickson Poon Distinguished Visitor in November 2013.

Further seminars for students will be held in the New Year including a lecture on the “Art of Advocacy” to be held 23 January 2013.

See forthcoming events from The Dickson Poon School of Law.