Patrick Devlin, Baron Devlin
From Wikipedia, the free encyclopedia
Patrick Arthur Devlin, Baron Devlin, PC (25 November 1905 - 9 August 1992) was a British lawyer, judge, and jurist. He wrote a report on Britain's involvement in Nyasaland in 1959. In 1985 he became the first British judge to write a book about a case he had presided over - the 1957 trial of suspected serial killer John Bodkin Adams.[1]
Contents |
[edit] Biography
Patrick Devlin was born in Chislehurst, Kent. His father was a Roman Catholic architect, originally from County Tyrone, and his mother was a Protestant, originally from Aberdeen. In 1909, a few years after Devlin's birth, the family moved to his mother's birthplace. The children were raised as Catholics, two of Devlin's sisters became nuns, and a brother became a Jesuit priest (another brother was an actor). Patrick Devlin joined the Dominican order as a novice after leaving Stonyhurst College, but left after a year for Christ's College, Cambridge.
At Cambridge, Devlin read both history and law, and he graduated in 1927, joining Gray's Inn and passing the bar exam in 1929. He worked as junior barrister for William Jowitt while Jowitt was Attorney-General, and by the late 1930s he had become a successful commercial lawyer. During the Second World War he worked for various ministries of the UK Government, and in 1948 Jowitt (by then Lord Chancellor) made Devlin a High Court judge. He was 42, the second-youngest such appointment in the 20th century. Devlin was knighted later that year.
[edit] Celebrated cases
[edit] John Bodkin Adams
Amongst many commercial and criminal cases which Devlin tried, one of the most famous was the 1957 trial of John Bodkin Adams, an Eastbourne doctor indicted for murdering two of his patients - elderly widows Edith Alice Morrell and Gertrude Hullett. He was tried and controversially found not guilty on the former charge and even more controversially, the prosecutor - Attorney-General, Sir Reginald Manningham-Buller - entered a nolle prosequi regarding the latter charge. Devlin later termed this "an abuse of process".[2] Devlin also received a phone call from Lord Chief Justice Rayner Goddard while the jury was considering their verdict on the Morrell charge. In the event of Adams being acquitted, Goddard asked Devlin to consider releasing Adams on bail before the Hullett trial which was due to start afterwards.
Devlin was surprised because no one accused of murder had ever been granted bail in British legal history.[3] Sinisterly and unknown to Devlin, Goddard had had lunch with the defendant's lover Roland Gwynne at a hotel in Lewes before the trial had commenced.[4] Home Office pathologist Francis Camps suspected Adams of causing 163 deaths in total.[5] In 1985, two years after the death of Adams, Devlin wrote an account of the trial, Easing the Passing - the first such book by a judge in British history.
[edit] Reaction to Easing the Passing
Easing the Passing provoked a lot of controversy within the legal profession. Some disapproved a judge writing about a case he had presided over, while others disliked Devlin's dismissal of Manningham-Buller's approach to the case. Lord Hailsham told judge John Baker: "He ought never to have written it" before adding with a laugh, "But, it's a jolly good read". [6]
[edit] Wolfenden report
After the Wolfenden report in 1957, Devlin argued in support of James Fitzjames Stephen that popular morality should be allowed to influence lawmaking, and that even private acts should be subject to legal sanction if they were held to be morally unacceptable by the "reasonable man", in order to preserve the moral fabric of society (Devlin's "reasonable man" was one who held commonly accepted views, not necessarily derived from reason as such). H. L. A. Hart supported the report's opposing view (derived from John Stuart Mill) that the law had no business interfering with private acts that harmed nobody. Devlin's argument was expanded in his 1965 book The Enforcement of Morals. As a result of his famous debate with Devlin on the role of the criminal law in enforcing moral norms, Hart wrote Law, Liberty and Morality (1963) and The Morality of the Criminal Law (1965).
Devlin argued that a society's existence depends on the maintenance of shared political and moral values. Violation of the shared morality loosens one of the bonds that hold a society together, and thereby threatens it with disintegration. Devlin proposed a public morality that, in certain situations, would override matters of personal or private judgment.
He argued that because an attack on “society’s constitutive morality” would threaten society with disintegration, such acts could not be free from public scrutiny and sanction on the basis that they were purely private acts. In Devlin’s view, homosexual acts were a threat to society’s morality. In short, he maintained that legal intervention was essential to ensure both individual and collective survival, and to prevent social disintegration due to a loss of social cohesion.
Devlin believed that "the limits of tolerance" are reached when the feelings of the ordinary person towards a particular form of conduct reaches a certain intensity of "intolerance, indignation and disgust". If, for example, it is the genuine feeling of society that homosexuality is "a vice so abominable that its mere presence is an offence", then society may eradicate it.
[edit] Nyasaland
In 1959 Devlin was chosen by Prime Minister Harold Macmillan to compile a report into policing in Nyasaland (Malawi). It was however highly critical of British methods. Macmillan reacted by criticising Devlin for having "that Fenian blood that makes Irishmen anti-Government on principle" and for being "bitterly disappointed at my not having made him Lord Chief Justice". He also called him a "hunchback".[7] In response to the Devlin Report the government hurriedly commissioned the rival Armitage Report, which was delivered in July of that year and backed Britain's role there. Bernard Levin, among others, was of the opinion that "The Government refused to accept the Devlin Report because it told the truth".[8]
[edit] Later career
In 1960, Devlin was made Lord Justice of the Court of Appeal, and the following year he became a Law Lord and life peer as Baron Devlin, of West Wick in the County of Wiltshire. He retired in 1964, having completed the minimum 15 years then necessary to qualify for a full judicial pension. It is speculated that his retirement was due in part to his increasing deafness, and to his boredom with the large number of tax cases which came before the House of Lords.
After retirement, Devlin was a judge on the tribunal of the International Labour Organization until 1986. He was also chairman of the Press Council from 1964-69, and high steward of Cambridge University from 1966-91. He also spent time writing about law and history, especially the interaction of law with moral philosophy, and the importance of juries. He was active in the campaigns to reopen the Guildford Four and Maguire Seven cases.
[edit] Family
Devlin married Madeleine Oppenheimer in 1932; they had six children.
[edit] Books by Patrick Devlin
- Devlin, The Hon. Sir Patrick, Trial by Jury, London, Stevens & Sons Ltd, 1956.
- Devlin, Patrick, The Enforcement of Morals, Oxford, Oxford University Press, 1965, 1968.
- Devlin, Patrick, The Judge, Oxford, Oxford University Press, 1979, 1981.
- Devlin, Patrick, Easing the Passing, London, The Bodley Head, 1985.
[edit] References
[edit] Sources
- Cullen, Pamela V., A Stranger in Blood: The Case Files on Dr John Bodkin Adams, London, Elliott & Thompson, 2006, ISBN 1-904027-19-9
[edit] External links
|
|||||||||||||||||
