Fairness in the law

All three WPs were encouraged by Law Commissioner Professor Cooke, of Reading University, to consider the idea of ‘fairness’ in law. How can lawyers produce arguments for and against rival solutions to complex problems? WP members were asked not to decide which was the fairest, but to devise arguments for and against the fairness of each one. Examples included:

  • restrictions on wearing religious symbols in schools;
  • how to settle a divorce with children to look after;
  • whether to enforce a bargain not made in writing.

A fascinating and challenging insight into clear thinking, seeing both sides without jumping to a single answer, and the world of the law.

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