Witness against the prosecution—Part II


28 Questions

II – Enlightened justice at the end of the tunnel? Or darkness?

In recalling the advice of Lord Mansfield (See Part I) Prof. Sen does not argue against giving reasons for official decisions; his book is an extended argument for full disclosure in the public interest and in the cause of justice.

He precedes his example from Lord Mansfield with this:

The avoidance of reasoned justification often comes not from indignant protesters but from placid guardians of order and justice. Reticence has appealed throughout history to those with a governing role, endowed with public authority, who are unsure of their grounds for action, or unwilling to scrutinize the basis of their policies.[Emphasis added.] 

And he follows it with this:

(Lord Mansfield’s pragmatic counsel) may be good advice for tactful governance, but it is surely no way of guaranteeing that the right things…

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