University Of Oxford Faculty

"The customer pays his money and gets a ticket. He cannot refuse it. He cannot get the money back. He may protest to the machine, even swear at it. But it will remain unmoved."

"Lord Denning was probably the greatest English judge of modern times. He combined a love of liberty with a passion for justice. His life and work will provide inspiration for generations to come."

"[Denning is] certainly the most interesting and possibly the most important English judge of the twentieth century."

"Our common law owes its strength to the creative genius of judges who, by obeying their own doctrines and principles, have generally proved more competent to untie the knots of human conflict than has Parliament. The greatest recent example of this creative genius – Lord Denning – did not read law at university, and displays in his judgments the broad education and culture which, by helping him to enter imaginatively into the conflict before him, have given substance and direction to his strikingly novel interpretations of the law."

"A St George of the law courts."

"Lord Denning was the best known and best loved judge of this, or perhaps any, generation. He was a legend in his own lifetime."

"At one time there was a black-out of any development of administrative law. The curtains were drawn across to prevent the light coming in. The remedy of certiorari was hedged about with all sorts of technical limitations. It did not give a remedy when inferior tribunals went wrong, but only when they went outside their jurisdiction altogether. The black-out started in 1841 with Reg. v. Bolton (1841) 1 Q.B. 66 and became darkest in 1922, Rex v. Nat Bell Liquors Ltd. [1922] 2 A.C. 128. It was not relieved until 1952, Rex v. Northumberland Compensation Appeal Tribunal, Ex parte Shaw [1952] 1 K.B. 338. Whilst the darkness still prevailed, we let in some light by means of a declaration. The most notable cases were Barnard v. National Dock Labour Board [1953] 2 Q.B. 18 and Anisminic Ltd. v. Foreign Compensation Commission [1969] 2 A.C. 147. I sat in the preliminary hearings of both of them. We allowed each of those cases to go forward. It was because otherwise persons would be without a remedy for an injustice: see Barnard v. National Dock Labour Board [1953] 2 Q.B. 18, 43 and the Anisminic case [1969] 2 A.C. 147, 231B-C In effect it was only by leave that the action for a declaration was allowed to proceed."

"In 1977 the black-out was lifted. It was done by R.S.C., Ord. 53. The curtains were drawn back. The light was let in. Our administrative law became well-organised and comprehensive. It enabled the High Court to review the decisions of all inferior courts and tribunals and to quash them when they went wrong. And what is more, it enabled the High Court to award damages and grant declarations. No longer is it necessary to bring an ordinary action to obtain damages or declarations. It can all be done by judicial review. This new remedy (by judicial review) has made the old remedy (by action at law) superfluous."

"The statute in section 3(1) contains a definition of a “racial group”. It means a “group of persons defined by reference to colour, race, nationality or ethnic or national origins.” That definition is very carefully framed. Most interesting is that it does not include religion or politics or culture. You can discriminate for or against Roman Catholics as much as you like without being in breach of the law. You can discriminate for or against Communists as much as you please, without being in breach of the law. You can discriminate for or against the “hippies” as much as you like, without being in breach of the law. But you must not discriminate against a man because of his colour or of his race or of his nationality, or of “his ethnic or national origins.” … You must remember that it is perfectly lawful to discriminate against groups of people to whom you object - so long as they are not a racial group. You can discriminate against the Moonies or the Skinheads or any other group which you dislike or to which you take objection. No matter whether your objection to them is reasonable or unreasonable, you can discriminate against them - without being in breach of the law.’}}"

"This is a case of a barmaid who was badly bitten by a big dog."

"In summertime village cricket is a delight to everyone. Nearly every village has its own cricket field where the young men play and the old men watch. In the village of Lintz in the County of Durham they have their own ground, where they have played these last 70 years. They tend it well. The wicket area is well rolled and mown. The outfield is kept short. It has a good clubhouse for the players and seats for the onlookers. The village team plays there on Saturdays and Sundays. They belong to a league, competing with the neighbouring villages. On other evenings they practice while the light lasts. Yet now after these 70 years a judge of the High Court has ordered that they must not play anymore. He has issued an injunction to stop them. He has done it at the instance of a newcomer who is no lover of cricket. This newcomer has built, or has had built for him, a house on the edge of the cricket ground which four years ago was a field where cattle grazed. The animals did not mind the cricket, but now this adjoining field has been turned into a housing estate. The newcomer bought one of the houses on the edge of the cricket field. No doubt the open space was a selling point. Now he complains that when a batsman hits a six the ball has been known to land in his garden or on or near his house. His wife has got so upset about it that they always go out at weekends. They do not go into the garden when cricket is being played. They say that this is intolerable. So they asked the judge to stop the cricket being played. And the judge, much against his will, has felt that he must order the cricket to be stopped: with the consequence, I suppose, that the Lintz Cricket Club will disappear. The cricket ground will be turned to some other use. I expect for houses or a factory. The young men will turn to other things instead of cricket. The whole village will be much poorer. And all this because of a newcomer who has just bought a house there next to the cricket ground."

"To some this may appear to be a small matter, but to Mr. Harry Hook, it is very important. He is a street trader in the Barnsley Market. He has been trading there for some six years without any complaint being made against him; but, nevertheless, he has now been banned from trading in the market for life. All because of a trifling incident. On Wednesday, October 16, 1974, the market was closed at 5:30. So were all the lavatories, or 'toilets' as they are now called. They were locked up. Three quarters of an hour later, at 6:20, Harry Hook had an urgent call of nature. He wanted to relieve himself. He went into a side street near the market and there made water, or 'urinated' as it is now said. No one was about except one or two employees of the council, who were cleaning up. They rebuked him. He said: 'I can do it here if I like'. They reported him to a security officer who came up. The security officer reprimanded Harry Hook. We are not told the words used by the security officer. I expect they were in language which street traders understand. Harry Hook made an appropriate reply. Again, we are not told the actual words, but it is not difficult to guess. I expect it was an emphatic version of 'You be off'. At any rate, the security officer described them as words of abuse. Touchstone would say that the security officer gave the 'reproof valiant' and Harry Hook gave the 'counter-check quarrelsome'; As You Like It, Act V, Scene IV. On Thursday morning the security officer reported the incident. The market manager thought it was a serious matter. So he saw Mr. Hook the next day, Friday, October 18. Mr. Hook admitted it and said he was sorry for what had happened. The market manager was not satisfied to leave it there. He reported the incident to the chairman of the amenity services committee of the Council. He says that the chairman agreed that 'staff should be protected from such abuse'. That very day the market manager wrote a letter to Mr. Hook, banning him from trading in the market."

"The violent have been victorious for most of history because they kindled the fear with which everyone is born."

"The temptation before 1933 was to believe in Hitler as a savior, to believe in a national rebirth. The path to National Socialism led through a wasteland of personal fears, collective anxiety, and resentments. The temptation was to surrender oneself to a dictator, to believe in a miracle. Hitler evoked human will and divine providence. The religious-mystical element in National Socialism was uncannily appealing to unpolitical people, to unrealistic people at odds with their world and accustomed perhaps to the dream of heroic irrationalism. The temptation was to abandon oneself to national delirium— despite (or even because of) the threat of violence."

"Even Gandhi, with all his charisma, did not "melt the hearts" of his oppressors, as he had hoped. After softening, hearts harden again. Asoka too was wrong to think that he was changing the course of history, and that his righteousness would last "as long as the sun and the moon.""

"It takes a long time for people to recognize their soul-mates when they have too limited an idea of who they are themselves."

"I invented something called The Oxford Muse. The Muses were women in mythology. They did not teach or require to be worshipped, but they were a source of inspiration. They taught you how to cultivate your emotions through the different arts in order to reach a higher plane. What is lacking now, I believe, is somewhere you can get that stimulation not information, but stimulation where you can meet just that person, or find just that situation, which will give you the idea of invention, of carrying out some project which interests you, and show how it can become a project of interest to other people."

"No history of the world can be complete which does not mention Mary Helen Keller... whose overcoming of her blindness and deafness were arguably victories more important than those of Alexander the Great, because they have implications still for every living person."

"The past is what provides us with the building blocks. Our job today is to create new buildings out of them."

"At all times sincere friends of freedom have been rare, and its triumphs have been due to minorities, that have prevailed by associating themselves with auxiliaries whose objects often differed from their own; and this association, which is always dangerous, has been sometimes disastrous, by giving to opponents just grounds of opposition, and by kindling dispute over the spoils in the hour of success."

"There were in him strains of many races. On his father's side he was an English country squire, but foreign residence and the Neapolitan Court had largely affected the family, in addition to that flavour of cosmopolitan culture which belongs to the more highly placed Englishmen of the Roman Communion. On his mother's side he was a member of one of the oldest and greatest families in Germany... The s... had intermarried with an Italian family, the Brignoli. Trained first at Oscott under Wiseman, and afterwards at Munich under Döllinger, in whose house he lived, Acton by education as well as birth was a cosmopolitan, while his marriage with the family of Arco-Valley introduced a further strain of Bavarian influence into his life. His mother's second marriage with Lord Granville brought him into connection with the dominant influences of the great Whig Houses."

"We may date the third period of Acton's life from the failure of Manning's attempt, or indeed a little earlier. He had now given up all attempt to contend against the dominant influence of the Court of Rome, though feeling that loyalty to the Church... as a living body was independent of the disastrous policy of its hierarchy. During this time he was occupied with the great unrealised project of the history of liberty or in movements of English politics... In the earlier part of this period are... some of the best things that Acton ever wrote, such as the lectures on Liberty... It is characterised by his discovery in the "eighties" that Döllinger and he were divided on the question of the severity of condemnation to be passed on persecutors and their approvers. ...Finding that he had misunderstood his master, Acton was for a time profoundly discouraged, declared himself isolated, and surrendered the outlook of literary work as vain. He found... that in ecclesiastical as in general politics he was alone, however much he might sympathise with others up to a certain point. On the other hand, these years witnessed a gradual mellowing of his judgment in regard to the prospects of the Church, and its capacity to absorb and interpret in a harmless sense the dogma against whose promulgation he had fought so eagerly. ...the English element in Acton came out most strongly in this period, closing as it did with the Cambridge Professorship, and including the development of the friendship between himself and Mr. Gladstone."

"Next came... the "fighting period," when he stood forth as the leader among laymen of the party opposed to that "insolent and aggressive faction" which achieved its imagined triumph at the Vatican Council. This period,... dated from the issue of the Syllabus by Pius IX. in 1864, may be considered to close with the reply to Mr. Gladstone's pamphlet on "The Vatican Decrees," and with the attempt of the famous Cardinal, in whose mind history was identified with heresy, to drive from the Roman communion its most illustrious English layman."

"During the first period—roughly to be dated from 1855 to 1863—he was hopefully striving, under the influence of Döllinger (his teacher from the age of seventeen) to educate his co-religionists in breadth and sympathy, and to place before his countrymen ideals of right in politics, which were to him bound up with the Catholic faith. The combination of scientific inquiry with true rules of political justice he claimed, in a letter to Döllinger, as the aim of the Home and Foreign Review. ...a quarterly ...far surpassing, alike in knowledge, range, and certainty, any of the other quarterlies, political, or ecclesiastical, or specialist, which the nineteenth century produced. ...superior, while it displayed a cosmopolitan interest foreign to most English journals."

"The longer essays republished in these volumes exhibit... a personality which even those who disagreed with his views must allow to have been one of the most remarkable products of European culture in the nineteenth century."

"Perhaps... the most characteristic of these forgotten judgments is the description of Lord Liverpool and the class which supported him. Not even Disraeli, painting the leader of that party which he was destined so strangely to "educate," could equal the austere and accurate irony with which Acton, writing as a student, not as a novelist, sums up the characteristics of the class of his birth."

"The ardour of his opinions, so different from those which have usually distorted history, gives an interest even to his grossest errors."

"We note the same value for great books as the source of wisdom, combined with the same enthusiasm for immediate justice which made Acton the despair of the mere academic student, an enigma among men of the world, and a stumbling block to the politician of the clubs. ...we find that certainty and decision of judgment, that crisp concentration of phrase, that grave and deliberate irony and that mastery of subtlety, allusion, and wit, which make his interpretation an adventure and his judgment a sword."

"[W]hat could never be reproduced is the general impression of Acton's many contributions to the Rambler, the Home and Foreign, and the '. ...Any one who wished to understand the personality of Acton could not do better than take the published Bibliography and read a few of the articles on "contemporary literature" furnished by him to the three Reviews. In no other way could the reader so clearly realise the complexity of his mind or the vast number of subjects which he could touch with the hand of a master. ...His writing before he was thirty years of age shows an intimate and detailed knowledge of documents and authorities which with most students is the "hard won and hardly won" achievement of a lifetime of labour. ...he treats of matters which range from the dawn of history through the ancient empires down to subjects ...essentially modern ...In all these writings of Acton those qualities manifest themselves, which... gave him a distinct and unique place among his contemporaries. Here is the same austere love of truth, the same resolve to dig to the bed-rock of fact, and to exhaust all sources of possible illumination, the same breadth of view and intensity of inquiring ardour, which stimulated his studies and limited his productive power. Above all, there is the same unwavering faith in principles, as affording the only criterion of judgment amid the ever-fluctuating welter of human passions, political manœuvring, and ecclesiastical intrigue."

"He knew almost everybody worth knowing, and no one so fond of study was ever more sociable. But, as these letters show, the man whom above all others he esteemed and revered was Mr. Gladstone. Mr. Gladstone, with characteristic humility, always deferred to Lord Acton's judgment in matters historical. On the other hand, Lord Acton, the most hypercritical of men, and the precise opposite of a hero-worshipper, an iconoclast if ever there was one, regarded Mr. Gladstone as the first of English statesmen, living or dead."

"Passing on... to the dynastic change of 1688, he described the Whig settlement, not as a Venetian oligarchy, but as an aristocracy of freeholders, while from the American rebellion of the following century he drew the moral that a revolution with very little provocation may be just, and a democracy of very large dimensions may be safe. The defect in the principles of 1789 was that they exalted equality at the expense of liberty, and subjected the free will of the individual to the unbridled power of the State."

"Notwithstanding Lord Acton's minute and conscientious accuracy in points of detail, he is always best and most characteristic in broad, luminous inferences from large masses of history and long periods of time. ...He showed that for eleven hundred years, from the first Constantine to the last, the Christian Empire was as despotic as the pagan; that it was Gregory the Seventh who made the Papacy independent of the empire; that Luther bequeathed as his political testament the doctrines of Divine right and passive obedience; and that Spanish Jesuits, in arguing against the title of Henry the Fourth to the throne of France, had anticipated the doctrines of Milton, Locke, and Rousseau."

"Ever since his visit to America in the days of President Pierce, if not before, Acton had made a special study of the American Constitution in its strength and its weakness, in the amplitude of its safeguards, and in its fatal want of elasticity. A Monarchy cannot be too constitutional. But a too constitutional Republic is a difficult machine to work. England, said a French critic, is a Republic with an hereditary President: the United States are a Monarchy with an elected King."

"[I]t is indeed far removed from the sensual idolatry of mere size that vulgarises modern Imperialism. But it was with Lord Acton a fundamental principle and it is not the size of Periclean Athens, or of Elizabethan England, which made them imperishably great. ...We must look, Lord Acton warns us, to substance and essence, not to form and outward show. The martyrdom of Socrates was the act of a free Republic, and it was Caesar who liberated Rome from the tyranny of Republican institutions. The fault of the classical State was that it tried to be Church and State in one, and thus infringed upon individualism by regulating religion. The three things wanting in ancient liberty were representative government, emancipation of slaves, and freedom of conscience."

"His great work should have been, and was intended to be, a History of Liberty. For that purpose his library at Aldenham was collected, and to frame different definitions of liberty was one of his favourite pastimes. He loved liberty with all the ardour of Milton, and investigated it with all the science of Locke. ...This History was never written, nor even begun. All that there is of it, all that there ever was of it, except books and notes, materials for others to use, consists of two lectures delivered at Bridgnorth in the year 1877. One was called "The History of Freedom in Antiquity," and the other "The History of Freedom in Christianity." ...they are full of suggestion and insight. Their fault is that... they pour a quart of liquor into a pint pot. They are so much crowded with names and references, that to follow the chief thread of the argument is made needlessly hard. ...A geographer may have too many names in his map, and a learned man may condense his knowledge until it has no meaning for those who know less than himself. But, on the other hand, these lectures contain passages at once lucid and worth their weight in gold, which could only have come from a mind at once acute, meditative, and well stored."

"He was a good talker because he was a good listener, always interested in the subject, not seeking to exhaust it, rather putting in from time to time the exactly appropriate word."

"A merciless intellectual critic he could hardly help being. He had so trained and furnished his mind that it rejected instinctively a sophism or a false pretence."

"His general attitude was one of rigid adhesion to certain facts, and careful avoidance of hasty judgments. Few people had stronger opinions than he, and their foundation was so solid that it was almost impossible to displace them. But he liked to hear all sides of every question, and to make allowance for all errors which did not involve a violation of the moral law. Any apology or even excuse for departure from the highway of the Decalogue he regarded as in itself a crime."

"Lord Acton was a thorough man of the world. An insatiable, systematic, and effective reader, he was anything but a recluse. No man had a keener zest for the society of his intellectual equals. ...His learning, though vast and genuine, was never obtruded. Always ready to impart information, he shrank from the semblance of volunteering it. ...he would let people without a tithe of his knowledge lay down the law as if they knew everything, and would betray no other sign of amusement than an enigmatical smile. He had something of Addison's tendency... to draw out rather than to repress the sallies of conceited ignorance. But for any one who wished to learn, his resources were in their fullest extent available. To be in his company was like being in the best of historical libraries with the best of historical catalogues."

"Lord Acton... [is] the nearest approach to omniscience I have ever seen, with the possible exception of Theodore Parker."

"Dons of all subjects crowded to his oracular lectures, which were sometimes puzzling but always impressive. He had the brow of Plato, and the bearing of a sage who was also a man of the great world... What he said was always interesting, but sometimes strange. I remember, for instance, his saying to me that States based on the unity of a single race, like modern Italy and Germany, would prove a danger to liberty; I did not see what he meant at the time, but I do now!"

"Lord Acton, one of the greatest minds among modern Western historians, in whose career the sterilizing influence of Industrialism upon historical thought is tragically apparent."

"Lord Acton had great personal charm and delighted all with whom he came in contract by his amiability and exquisite courtesy. A decided indolence of disposition, a certain mental timidity, a distinct want of national fibre, were his main imperfections. With greater moral courage and a more sturdy literary conscience Lord Acton would undoubtedly have made a more striking mark in letters and in public affairs; but his life, as it was, remains a splendid example of devotion to study, to historical research, and to the cause of truth."

"Lord Acton is probably the greatest historian whose books were never written."

"Lord Acton, a historian to whom learning and judgment had not been granted in equal proportions, and who, after years of incredible and indeed well-nigh mythical research, had come to the conclusion that the Pope could err."

"I went down into Shropshire to look at that famous library before it was removed to Cambridge. There were shelves on shelves of books on every conceivable subject—Renaissance Sorcery, the Fueros of Aragon, Scholastic Philosophy, the Growth of the French Navy, American Exploration, Church Councils. The owner had read them all, and many of them were full in their margins with cross-references in pencil. There were pigeon-holed desks and cabinets with literally thousands of compartments, into each of which were sorted little white slips with references to some particular topic, so drawn up (so far as I could see) that no one but the compiler could easily make out the drift of the section... I never saw a sight that more impressed on me the vanity of human life and learning. A quarter of the time that had been spent on making those marginal annotations, and filling those pigeon-holes might have produced a dozen volumes of sound and valuable history—perhaps an epoch-making book that might have lived for centuries. But all the accumulated knowledge had vanished... And I said to myself—intensive research, even by the most competent researcher, is wasted, unless the results are put together and printed."

"If the gods granted me the privilege of recalling to life for half an hour's conversation some of the great men of the past I have had the good fortune to know, I should say Acton."

"He was not without some intellectual difficulties for us to reconcile. The union of devoted faith in liberty with devoted adherence to the Church of authority was a standing riddle. His conception of history as a business of wide general forces did not easily fit in with his untiring hunt for incidents on the political backstairs, as the historian's most precious and decisive prizes. He was sometimes fatally addicted to the oblique and the allusive, as if he might enjoy playing hide-and-seek with the well-meaning reader. He winds up his weighty—almost too weighty—introduction to Machiavelli's Prince with the remark that the nineteenth century had seen the course of its history twenty-five times diverted by actual or attempted crime. I often challenged him for the precise list of this tremendous Newgate Calendar; I could never induce him to disclose more than a dozen."

"Friendship is a relation that has many types. On none did I presume to set a more special value than on my intercourse with this observant, powerful, reflective, marvellously full mind. He saw both past history as a whole and modern politics as a whole. He was a profound master of all the lights and shades of ecclesiastical system; a passionately interested master of the bonds between moral truth and the action of political system; an eager explorer of the ideas that help to govern the rise and fall of States; and a scrupulous student of the march of fact, circumstance, and personality in which such ideas worked themselves through. He was comprehensive as an encyclopaedia, but profound and rich, not tabulated and dry."

"In truth, the main characteristic of these men was vanity—intellectual and literary. They had the inflation of German professors, and the ruthless talk of undergraduates."