- Email: [email protected]
Is this relevant?
Book Reviews may evolve and be desirably accepted as a science'. They go some way to achieving this end. But, like the Curate's egg, I would have to describe this book as good in parts.
I found it quite a difficult book to read, whether that is because it is in a style that would be more usual to a North American reader rather than a British reader, or not, I cannot say. However, in places I found the style unnecessarily convoluted and I needed to re-read a number of passages several times before I felt I had understood what was being said. Nevertheless in many cases that rereading turned out to be worthwhile. The text is sometimes repetitive and a terser style could have produced a shorter book with no loss of information. A more rigorous separation of discussions relating to extended text from those relating to signatures would also have helped with the clarity. If the book has one great failing it is in the use, or more usually the absence, of illustrations. Good figures would have considerably enhanced many sections: for example, the description of the origin of writing and the alphabet in Chapter 2 would have been very much clearer if a one page illustration showing examples of the different writing systems discussed had been included. Even when figures are present the referencing to them is sometimes poor. On p.36 the reader is referred to Figure 9 but is not told that this figure is to be found on p.181. In the case of Figure 1 (p.88) the text referring to it is not consistent with what is actually illustrated and in Figure 6 (p.128) no explanation is given as to what was 'the unusual pen position' referred to in the caption. The book is well referenced. The manner of referencing, numbered references listed at the end of each chapter, is one that I do not personally favour although I know it seems now to be almost universal. This style of referencing is suitable for research papers published in journals, where it seems to have originated, but in a basic textbook such as this one it makes using the references as a gateway into the literature of the subject very much more difficult than the global reference list arranged alphabetically by author. The book falls in three main sections. Chapters 1-5 deal with some background issues relating to handwriting, Chapters 6-11 deal with the more detailed matters that are directly relevant to actual examinations of handwriting while Chapters 12-15 cover more general issues. Chapters 16 and 17 provide the glossary of terms and a summary. Within these divisions some areas are weaker than others. The discussion of the statistical basis of interpretation in Chapter 4 is an area I found particularly weak especially given the number of good books now available that are devoted solely to this subject. A number of issues, particularly those relating to qualifications and access to handwriting experts, are, perhaps not surprisingly, biased strongly towards the North American perspective. Although
described as a book on handwriting the bulk of the third main section, Chapters 12-14, strays into the area of general Questioned Documents examination in Chapters 12 and 13 and the philosophy of science in Chapter 14. In fact much of Chapters 12 and 13 could be deleted without any great detriment to the book as a book on handwriting; they are covered in other texts on questioned documents or more general forensic science. Chapter 14 considers the position of handwriting examinations, and to some extent other Questioned Documents examinations, as science and deals with an important issue. However, it seems to be predicated on the view that handwriting examination is not a science and simply from reading the approach and arguments presented I could have predicted that the authors would have a background based in the physical, rather than the biological, sciences. This chapter leaves unaddressed the question as to whether the argument about the scientific basis of handwriting examinations is merely a reflection of the lack of a general understanding among non-scientists, including lawyers and judges, as to what science truly is. Handwriting experts may have to depend on there being better, more general, education as to what constitutes science rather than trying to mould their work into a nonscientist's definition of what science is. However, this chapter certainly gives any practitioner of the subject cause for thought. Despite the criticisms I found this a useful book. It is a rare example, a book in English devoted to forensic handwriting examinations rather than general questioned documents work. Those chapters that deal with the core work of the handwriting expert, particularly Chapter 6, which describes the key discriminatory elements of handwriting, are very good. I didn't agree with everything that the authors say but at least they have made the effort to lay out their point of view and thus they do go some way to achieving their aim. I would recommend that anyone who claims expertise in forensic handwriting examinations should at least read this book and preferably have it on their bookshelf for future reference. I certainly shall.
Christopher Davies IS THIS RELEVANT? Restrictive Covenants and Freehold Land Andrew Francis (Sweet and Maxwell, London, 1999, 616pp, index, ISBN 0 421 58950 7; £65.00) The ladies at Harrogate presumed that this book was sent to the Society by mistake. The Editor, however, declared that This Book Shall Be Reviewed. If reincarnated, this reviewer would like to come back as an Editor. English common law is one of the greatest triumphs of civilisation, has lasted for a thousand years, is used all over the world, and is still developing. Land law is the oldest child of the common law, for the practical reason that for Science & Justice 2000; 40(3): 219-224
Book Reviews centuries land was the principal form of wealth. Like all creatures designed by many hands (particularly when not working concurrently) land law came to look rather odd: compare the camel. Oliver Cromwell declared English land law to be an ungodly jumble, and may have been right. English land law was saved first by fiction, then by Equity, which complicated things (Jamdyce v Jamdyce), and lastly by legislation, which simplified things. England's greatest-ever common lawyer, Sir Edward Coke, is much misquoted, not least by some who should know better. What he actually said was 'The house of every one is to him as his castle and fortress': SemayneS Case (1604). Up to a point, Lord Co-Co-Coke, only up to a point, even in 1604. It was when Coke was Chief Justice, in 1615, that it was decided that when Equity conflicted with the common law Equity should prevail: The Earl of Oxford5 Case. As things transpired, a very wise decision, Jarndyce v Jarndyce notwithstanding. Although common law recognised some restrictions on the use and enjoyment of land, some restrictive covenants, Equity was needed to develop the modem law so necessary for modern life. Mr Francis approaches his subject from the viewpoint of the busy practitioner, not the academic or historian, and is much more concerned with the Lands Tribunal than would be the undergraduate or aspiring barrister, solicitor, or whatever. Of the 240 or so cases Mr Francis cites, most are post-World War 11, and only ten are nineteenth century, Tulk v Moxhay (1848) unsurprisingly being the oldest, by thirty-seven years. The useful appendices of statutes, rules, forms and precedents will be of considerable help to practitioners. A floppy disk inside the back cover reproduces the precedents on PCs. Coke would be troubled. Finch, surely, would approve.
Stanley Hooper THIS IS RELEVANT! Criminal Evidence Richard May (Sweet and Maxwell, London, 1999, 616pp, index, ISBN 0 421 58950 7; £65.00) Judge May has been assigned from the Circuit Bench of England and Wales to the International Criminal Tribunal for the Former Yugoslavia. As the first British Judge to take such a prestigious international post, his qualities as a lawyer must have come under very careful scrutiny. The powers that be would want to ensure that any appointment from this jurisdiction would uphold the high standing with which the rest of the world regards the legal profession of this country. The judgments handed down by the Trial Chambers of what is the first genuinely international criminal court ever to be established are analysed by lawyers throughout the world as they watch the Science & Justice 2000; 40(3): 219-224
development of an entirely new area of criminal law. The fourth edition of Judge May's textbook Criminal Evidence is evidence in support of his high qualities as a jurist. It is a welcome continuation of his earlier works, particularly as he might have been tempted to move on to new areas, following the change of direction in his career. I recommend this clearly written, well laid-out textbook, to all those who need a work that is superior to a basic book on evidence. It is accessible and comprehensible so that the reader is not lost in archaic expressions of legal theory. The reasoning behind the rules governing the use of evidence in our criminal courts is well explained for each subject as well as potential developments of the law as recommended by the Law Commission. There are frequent point by point summaries of how the Courts approach difficult areas, such as similar fact, which are vital to ensure the reader correctly follows the subject. Each topic is broken down into its component parts so that the overall workings are clearly understood. When looking for information upon a particular point, say the use of transcripts from a previous trial, you are easily able to identify the section you need within the main chapter on hearsay evidence. Throughout, there has been an incorporation of principles derived from the European Court of Human Rights. In reviewing within this journal another textbook on this subject not so long ago, I criticised that book's omission of references to European case law or the Convention itself. Not so here, we have a source full of cogent references, that will keep the reader assured they are in a one-stop shop. There is a section dealing with the Convention Rights that neatly summarises the European Court's approach to evidential issues. The book is detailed, running to over 600 pages, with comprehensive footnotes and cross-references. The Appendix has extracts of the primary sources of legislation upon criminal evidence, starting with the Criminal Procedure Act 1865 (character provisions) and moving on to the Human Rights Act 1998. All the usual core subjects for the rules of evidence are dealt with, as well as those subjects that have developed extensively over the last few years, notably Public Interest Immunity and Disclosure. These topics now merit separate chapters, whereas there was a time when they were only sections of a chapter. No book on evidence is viable these days without them.
Steven Kay GUN AND NOSES The Trojan Files Roger Gray (Virgin Publishing, 1999, ISBN 1 85227 823 4; f 16.99)
Armed crime is very much a regular feature in modem society, and incidents involving the deployment of armed police generate strong emotions.
22 1
I found it quite a difficult book to read, whether that is because it is in a style that would be more usual to a North American reader rather than a British reader, or not, I cannot say. However, in places I found the style unnecessarily convoluted and I needed to re-read a number of passages several times before I felt I had understood what was being said. Nevertheless in many cases that rereading turned out to be worthwhile. The text is sometimes repetitive and a terser style could have produced a shorter book with no loss of information. A more rigorous separation of discussions relating to extended text from those relating to signatures would also have helped with the clarity. If the book has one great failing it is in the use, or more usually the absence, of illustrations. Good figures would have considerably enhanced many sections: for example, the description of the origin of writing and the alphabet in Chapter 2 would have been very much clearer if a one page illustration showing examples of the different writing systems discussed had been included. Even when figures are present the referencing to them is sometimes poor. On p.36 the reader is referred to Figure 9 but is not told that this figure is to be found on p.181. In the case of Figure 1 (p.88) the text referring to it is not consistent with what is actually illustrated and in Figure 6 (p.128) no explanation is given as to what was 'the unusual pen position' referred to in the caption. The book is well referenced. The manner of referencing, numbered references listed at the end of each chapter, is one that I do not personally favour although I know it seems now to be almost universal. This style of referencing is suitable for research papers published in journals, where it seems to have originated, but in a basic textbook such as this one it makes using the references as a gateway into the literature of the subject very much more difficult than the global reference list arranged alphabetically by author. The book falls in three main sections. Chapters 1-5 deal with some background issues relating to handwriting, Chapters 6-11 deal with the more detailed matters that are directly relevant to actual examinations of handwriting while Chapters 12-15 cover more general issues. Chapters 16 and 17 provide the glossary of terms and a summary. Within these divisions some areas are weaker than others. The discussion of the statistical basis of interpretation in Chapter 4 is an area I found particularly weak especially given the number of good books now available that are devoted solely to this subject. A number of issues, particularly those relating to qualifications and access to handwriting experts, are, perhaps not surprisingly, biased strongly towards the North American perspective. Although
described as a book on handwriting the bulk of the third main section, Chapters 12-14, strays into the area of general Questioned Documents examination in Chapters 12 and 13 and the philosophy of science in Chapter 14. In fact much of Chapters 12 and 13 could be deleted without any great detriment to the book as a book on handwriting; they are covered in other texts on questioned documents or more general forensic science. Chapter 14 considers the position of handwriting examinations, and to some extent other Questioned Documents examinations, as science and deals with an important issue. However, it seems to be predicated on the view that handwriting examination is not a science and simply from reading the approach and arguments presented I could have predicted that the authors would have a background based in the physical, rather than the biological, sciences. This chapter leaves unaddressed the question as to whether the argument about the scientific basis of handwriting examinations is merely a reflection of the lack of a general understanding among non-scientists, including lawyers and judges, as to what science truly is. Handwriting experts may have to depend on there being better, more general, education as to what constitutes science rather than trying to mould their work into a nonscientist's definition of what science is. However, this chapter certainly gives any practitioner of the subject cause for thought. Despite the criticisms I found this a useful book. It is a rare example, a book in English devoted to forensic handwriting examinations rather than general questioned documents work. Those chapters that deal with the core work of the handwriting expert, particularly Chapter 6, which describes the key discriminatory elements of handwriting, are very good. I didn't agree with everything that the authors say but at least they have made the effort to lay out their point of view and thus they do go some way to achieving their aim. I would recommend that anyone who claims expertise in forensic handwriting examinations should at least read this book and preferably have it on their bookshelf for future reference. I certainly shall.
Christopher Davies IS THIS RELEVANT? Restrictive Covenants and Freehold Land Andrew Francis (Sweet and Maxwell, London, 1999, 616pp, index, ISBN 0 421 58950 7; £65.00) The ladies at Harrogate presumed that this book was sent to the Society by mistake. The Editor, however, declared that This Book Shall Be Reviewed. If reincarnated, this reviewer would like to come back as an Editor. English common law is one of the greatest triumphs of civilisation, has lasted for a thousand years, is used all over the world, and is still developing. Land law is the oldest child of the common law, for the practical reason that for Science & Justice 2000; 40(3): 219-224
Book Reviews centuries land was the principal form of wealth. Like all creatures designed by many hands (particularly when not working concurrently) land law came to look rather odd: compare the camel. Oliver Cromwell declared English land law to be an ungodly jumble, and may have been right. English land law was saved first by fiction, then by Equity, which complicated things (Jamdyce v Jamdyce), and lastly by legislation, which simplified things. England's greatest-ever common lawyer, Sir Edward Coke, is much misquoted, not least by some who should know better. What he actually said was 'The house of every one is to him as his castle and fortress': SemayneS Case (1604). Up to a point, Lord Co-Co-Coke, only up to a point, even in 1604. It was when Coke was Chief Justice, in 1615, that it was decided that when Equity conflicted with the common law Equity should prevail: The Earl of Oxford5 Case. As things transpired, a very wise decision, Jarndyce v Jarndyce notwithstanding. Although common law recognised some restrictions on the use and enjoyment of land, some restrictive covenants, Equity was needed to develop the modem law so necessary for modern life. Mr Francis approaches his subject from the viewpoint of the busy practitioner, not the academic or historian, and is much more concerned with the Lands Tribunal than would be the undergraduate or aspiring barrister, solicitor, or whatever. Of the 240 or so cases Mr Francis cites, most are post-World War 11, and only ten are nineteenth century, Tulk v Moxhay (1848) unsurprisingly being the oldest, by thirty-seven years. The useful appendices of statutes, rules, forms and precedents will be of considerable help to practitioners. A floppy disk inside the back cover reproduces the precedents on PCs. Coke would be troubled. Finch, surely, would approve.
Stanley Hooper THIS IS RELEVANT! Criminal Evidence Richard May (Sweet and Maxwell, London, 1999, 616pp, index, ISBN 0 421 58950 7; £65.00) Judge May has been assigned from the Circuit Bench of England and Wales to the International Criminal Tribunal for the Former Yugoslavia. As the first British Judge to take such a prestigious international post, his qualities as a lawyer must have come under very careful scrutiny. The powers that be would want to ensure that any appointment from this jurisdiction would uphold the high standing with which the rest of the world regards the legal profession of this country. The judgments handed down by the Trial Chambers of what is the first genuinely international criminal court ever to be established are analysed by lawyers throughout the world as they watch the Science & Justice 2000; 40(3): 219-224
development of an entirely new area of criminal law. The fourth edition of Judge May's textbook Criminal Evidence is evidence in support of his high qualities as a jurist. It is a welcome continuation of his earlier works, particularly as he might have been tempted to move on to new areas, following the change of direction in his career. I recommend this clearly written, well laid-out textbook, to all those who need a work that is superior to a basic book on evidence. It is accessible and comprehensible so that the reader is not lost in archaic expressions of legal theory. The reasoning behind the rules governing the use of evidence in our criminal courts is well explained for each subject as well as potential developments of the law as recommended by the Law Commission. There are frequent point by point summaries of how the Courts approach difficult areas, such as similar fact, which are vital to ensure the reader correctly follows the subject. Each topic is broken down into its component parts so that the overall workings are clearly understood. When looking for information upon a particular point, say the use of transcripts from a previous trial, you are easily able to identify the section you need within the main chapter on hearsay evidence. Throughout, there has been an incorporation of principles derived from the European Court of Human Rights. In reviewing within this journal another textbook on this subject not so long ago, I criticised that book's omission of references to European case law or the Convention itself. Not so here, we have a source full of cogent references, that will keep the reader assured they are in a one-stop shop. There is a section dealing with the Convention Rights that neatly summarises the European Court's approach to evidential issues. The book is detailed, running to over 600 pages, with comprehensive footnotes and cross-references. The Appendix has extracts of the primary sources of legislation upon criminal evidence, starting with the Criminal Procedure Act 1865 (character provisions) and moving on to the Human Rights Act 1998. All the usual core subjects for the rules of evidence are dealt with, as well as those subjects that have developed extensively over the last few years, notably Public Interest Immunity and Disclosure. These topics now merit separate chapters, whereas there was a time when they were only sections of a chapter. No book on evidence is viable these days without them.
Steven Kay GUN AND NOSES The Trojan Files Roger Gray (Virgin Publishing, 1999, ISBN 1 85227 823 4; f 16.99)
Armed crime is very much a regular feature in modem society, and incidents involving the deployment of armed police generate strong emotions.
22 1