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The

CARIBBEAN JOURNAL Of

EGAL INFORMATIO

BULLETIN OF THE CARIBBEAN

VOLUME 4, NO.2

Editor: Leslie P. Fenty Librarian, Norman Manley Law School P.O. Box 231, Kingston 7, Jamaica, W.I.

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ASSOCIATION OF LAW LIBRARIANS

NOVEMBER 1987

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A Treatise in the Law and Practice of Injunctions, 6th edition, 1927. By John M. Paters on. Gaunt Reprint 1981. ISBN: ()"912004-16-9. LC 81-81500

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ISSN 0255 - 7118

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The

CARIBBEAN JOURNAL Of

.,.....EGAL INFORMATIO A PUBLICATION OF THE CARIBBEAN ASSOCIATION OF LAW LIBRARIES NOVEMBER 1987

VOLUME 4, NO.2

Contents Page Keynote Address to 3rd Annual Meeting of CAR ALL - Hon. Oswald Harding . . . . . . . . . 3 Presidential Address at CARALL Opening Ceremony - Yvonne Lawrence . . . . . . 5 Rationalizing Legal Literature: Possible Approaches and Techniques - D.S. Greer

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The Dilemma of the Legal Writer/Researcher in the Commonwealth Caribbean - C. Dennis Morrison . . . . . . 14 The Law Librarian as Catalyst in the Commonwealth Caribbean Legal System - Paula Jordon

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Duplicates Disposal Scheme

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Caribbean Legal Miscellanea

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The Caribbean Journal of Legal Information is published by the Caribbean Association of Law Libraries. Editor Mr Leslie P. Fenty Editorial Committee Mrs Yvonne Lawrence Miss Carol Ford Mr C. Dennis Morrison Miss Jean Slowe Production UWI Publishers' Association

Š Caribbean Association of Law Libraries 1987 Published twice per year in March and November. Subscription rates: US$15 per annum. Single issues: US$8. All correspondence concerning the publication should be addressed to: The Editor

Caribbean Journal of Legal Information clo Norman Manley Law School Mona Campus P.O. Box 231 Kingston 7 Jamaica, W.I. North American readers should obtain subscriptions from the sole North American agent: Wm. W. Gaunt & Sons, Inc. Law Book Dealers & Subscription Agents Gaunt Building 3011 Gulf Drive Holmes Beach, FL 34217-2199 U.S.A. ,.. , ,


Keynote Address to 3rd Annual Meeting of CARALL Han. Oswald Harding Minister of Justice and Attamey General, Jamaica

I would first of all like to thank the president of the Caribbean Association of Law Libraries for inviting me here this morning to address and open this conference. I understand that this is the first occasion your Association has met in Jamaica, and I am happy to be associated with the event. On behalf of the government of Jamaica I extend a warm welcome to the overseas delegates and a special welcome to those people who are visiting us for the first time. YO'lr visit coincides with the unique occasion of the twenty-fifth anniversary of our Independence. I hope your schedule will permit you to see some of the many cultural events taking place and that you will get a taste of our vibrant cultural heritage. Speaking to an audience slIch as this, I do not have to stress the important role law libraries play in the legal system of a country. The information stored in these libraries would be inaccessible unless organized for use. As custodians of these records of law you make a quiet but powerful contribution to the proper administration of justice. The fact that you have not only recognized the necessity of creating this capital Association but have organized its formation and development is testimony to your national and regional commitment to the principles and practice of law. This is indeed praiseworthy, and may you, through this capital Association, face your common problems and challenges in a spirit of optimism. I have looked at your constitution and noted the aims and objectives of your Association. Two are of interest to me this morning. The first is the fostering of a spirit of cooperation among members of the profession. I would like to extend this co-operation among libraries. Co-operation in all areas has become increasingly important as we need to share our scarce resources. In Jamaica, the need to co-ordinate our information resources led to the establishment of the National Council on Libraries, Archives and Documentation Services, or NACO LADS, in 1973.

The council subsequently produced a plan for a national information system, which currently operates through a number of networks. Each of these networks consists of a group of libraries which reflect areas of similar interest. One of these networks is the Legal Information Network, which encompasses libraries and other information units which provide legal information necessary to the administration of justice in the country. LINET, which is the acronym for this network, is still in its early stages of development, but already it has focused attention on the problems of providing legal information and, through its advisory policy-making body, has made pertinent changes. These include in-service training for network personnel, improved management of collections and services to users, and the preparation of abstracts and indexes and special bibliographies in the field. This network, through its committees, brings together librarians and other people responsible for legal collection and administrative personnel involved in policy and decision making. LINET is a practical demonstration of co-operation among libraries at a national level, and I hope it will grow in strength and increase in its effectiveness to the legal system of the country. Perhaps it may serve as an example or model at the regional level. The second objective of your Association that I would like to mention is the promotion of better administration of law libraries. Improvements in the administration of these libraries cannot be done in isolation from improvements and upgrading of the legal system as a whole. An exciting phase in our legal system is about to begin as the U.S. Agency for International Development'S (USAID) Caribbean Justice Improvement Project comes on stream to strengthen the legal infrastructure of the region. This conference is therefore taking place at an important time, when a concerted effort is being made on a regional basis to strengthen the legal system. The Jamaican component of this project will cost some .1$6.8 milCaribbean foumal of Legal Infonnation - 3


lion, with US$2.2 million coming from the US AID programme. This project, which is a joint venture between USArD and the government of Jamaica, aims at improving conditions within the' judicial system by refurbishing the facilities of the Supreme Court and the Resident Magistrates' Courts island-wide. In the Jamaican component of the project, there is specific funding for the Supreme Court Library - recognition of the pivotal role it plays in the efficient administration of justice. How many of us have consi路dered that the entire legal system can be subverted if information is not readily available? I would like to quote from the project document of the Caribbean Justice Improvement Project. The passage refers to Jamaica, but it is applicable to the other territories: Since Jamaica's justice system is based on English common law, access to current cases from Commonwealth countries is important as sources of persuasive precedent. Without such information readily available, the administration of justice is slowed significantly as judges repeatedly are forced to 're-invent the wheel' rather than merely referring to relevant precedent. Of even greater concern is the possibility of justice not being administered consistently. Cases may well be resolved contrary to relevant precedent, un-

Message to Delegates at 3rd Annual Meeting ofCARALL On behalf of the Carswell Company, we wish you great success in your forthcoming meeting in Kingston. I know the sharing of information from delegates is of great benefit and so important in bringing closer ties and understanding. Jim Lang and I did enjoy the opportunity of meeting many members of the association during business trips and the Commonwealth Law Conference. It is our hope that you will contact us when you require information on Canadian and Commonwealth materiaL We hope that your conference will be a time of rewarding exchange and social enjoyment. Your sincerely, Ken M. Bamett, International Sales Manager fames D. Lang, Marketing Manager

4 - Caribbean foumal of Legal Illfonnatioll

beknown to the judge. Indeed, an attorney with a private updated library inadvertently may advise the judge of some, but not all, of the relevant case law, selectively choosing only those cases which help his client's position. In order to prevent tbis happening, funds will be provided under the project to update the collection of the Supreme Court Library to make it as comprehensive as possible. Efforts will also be made to speed up the preparation of indexes to judgements and gazettes. It is a very time-consuming undertaking, but essential if legal information is to be readily accessible to users. The library will also receive equipment to enable it to be better equipped to carry out its function. It is hoped that this will include a word processor/computer to keep track of judgements and legislation on an ongoing basis. Through a network development programme being administered by NACO LADS, the International Development Research Centre of Canada (IDRC) has provided the Supreme Court Library with a microfiche reader/printer, which was installed last month. Modern technology will therefore be used to ensure that information essential to the legal system will be readily available when needed. A new day is dawning for librarians and other members of staff in law libraries. I wish to pay tribute to all those who have worked hard over the years - with inadequate budgets, in poor physical conditions, and with little assistance - to keep their information units functioning. The legal profession is greatly indebted to you, and we are grateful for all you have done. The upgrading project is long overdue and we are acknowledging our indebtedness to USAID's far-sighted realization that the strengthening of the administration of justice in the region is essential to the survival of the democratic system as we know it. On this depends our way of life anl j the growth and prosperity of our countries. Everything will not be accomplished by the project, and there is more that can be done that should he done. It is important that a beginning be made. I am certain that your Association will be a catalyst in determining needs and identifying areas for assistance. This is your challenge, and I am confident that you will meet it with cheerful optimism. May your discussions and deliberations be constructive and successful. I have great pleasure in declaring the conference open.


Presidential j\ddress at Cft.RALL Opening Ceremony Mrs. Yvonne Lawrence President, CARALL

I would like to extend to you all a hearty welcome, especially to our overseas visitors, namely from Antigua, Barbados, Guyana, Trinidad and Tobago, the United Kingdom, and the United States. It is my pleasure to address you and to inform you about the function and business of the Caribbean Association of Law Libraries, also known as CARALL. Our presence here today signifies an interest OIl our part in the progressive de.elopment of the Caribbean legal system through provision of its literature, and it also signifies on your part a recognition that CAR ALL does have a role to play in terms of its contribution to the Caribbean legal system. The rationale for this Association is founded upon the recognition of the need for greater co-operation amongst law librarians in this process oflegal development. Hence at a sub-committee meeting of the Council of Legal Education in Jamaica in 1982, the proposal was formulated that various ways and means be looked at ill order to facilitate this working together. Our Association was launched in 1984 after an initial meeting of a number of Caribbean law librarians and after having the benefit of the studied comments of a working party of seven persons who were mandated to draft a constitution for the proposed Association. Since then we h;J\'e met on a rcgular basis; our previous Annwl1 General lvleetings wen: held in Trinidad and Tobago and St Vin, cent. Generally, the objectives of our Association can be seen as: (1) developing and increasing the use of law lib, raries and (2) promoting the profession of law librarianship. Since our inauguration we have made some significant steps towards meeting these objectives. We have launched a scheme for the distribution of judgements among Caribbean territories. This scheme operates through clearing houses established in each territory for

the purposes of acquisition and distribution of this mat, erial. Another project launched was the duplicates disposal scheme whereby surplus or duplicated materials could be circulated and distributed to territories that have a need for them. Last, but by no means least, was the publication of Tlle Cmibbean Law Librmiall, the bulletin of the Association, the first issue of which was published in 1984. There are at the moment several other specific activities with which we are involved, namely a compilation of a directory of Caribbean law libraries and the drafting of standards for these libraries which will, among other things, focus upon a desirable standard of minimum holdings for such libraries. We are also involved with law library development for the region, which falls under the USAID project, the purpose of which is 'to strengthen legal systems in the region by providing services necessary for fostering maintenance and performance of national justice systems'. The territories we expect to benefit from this scheme are: Antigua, Belize, Dominica, Grenada, Ja, maica, St Kitts, St Lucia and St Vincent. In actual terms our achievements have been modest, since we have still not managed to actively involve all of the territories we would have liked; but in view of the fact that we are a new organization and our present membership comprises all full-time librarians, this limitation can perhaps be viewed with some tolerance, until such time as we can move the respective authorities to fully support us, financially and otherwise, so that a wider representation from the territories can be made possible. This, in fact, would be in keeping with the mandate given the Association by the executive committee of the Council of Legal Education from which the concept of the Association originally emanated. Our theme for this meeting is Towards a Rationalization of tile Commonwealth Caribbean Legal Literature. In choosing this theme, we hope to pay particular attention to the relationship between the lawyer and the librarian,

Caribbean ]ollmal of Legal Infol771atioll - 5


and the contribution each may be able to make in terms of organizing and producing a legal literature. During these two days our discllssi.ons will centre arollnd the following subjects: Rationalizing the legal literature of the Commonwealth Caribbean legal system: approaches and techniques; • The librarian as a catalyst in the Commonwealth Car'I>

In!o:miJ(ioli

ibbean legal system; and • The dilemma of the legal writer/researcher in the Commonwealth Caribbean. We hope you will find these discussions informative and constructive and that we can depend not only upon the participation of law librarians but also that of lawyers, for in the context of the Caribbean, each is dependent upon the other .


Rationalizing Legal Literature: Possible Approaches and Techniques Professor D. S. Greer Queen's University, Belfast

I. The Localization of Legal Literature Keen to establish some authority for writing on this subject, I was pleased to discover that Irish cases are frequent1y (well, at least once a year) referred to in the West Indian Law Reports. Indeed a recent reference was to O'Kel~v v HOlvey (1883) 14 LR Ir 105 (see Ramson v Barker [1986] 33 WIR 183, 191) - a case dealing with police powers to disperse a public meeting likely to cause a breach of the peace or, more technically, the scope of the defence of lawful authority in a tort action for trespass to the person. Now it so happens that there was not long ago published the first modern textbook on the Irish Law of Torts, in which O'Kelly v Harvey is discussed (p. 147), but it is accompanied by the following footnote: Cf: R (Orr), v Londondeny JJ (1891) 28 LR Ir 400, favouring an approach that is difficult to reconcile with O'Kelly's case. I do not wish to suggest that reference to On' would have led to a different decision in the West Indian case, but the availability of this footnote is a convenient example of the value of a secondary legal literature, the need for which is the underlying theme of this meeting. But it is no longer necessary to adduce concrete evidence to establish such a need; rather it is a case of res ipsa loquitur. For it is very noticeable that during the past ten to fifteen years the case for the provision of additional information about the law, particularly in smaller jurisdictions, has come to be widely accepted throughout the common-law world. Developments in my own country bear this out. Ten years ago there was little in the way of current publications about either of the two Irish jurisdictions; now there is quite an extensive range, and it is multiplying rapidly. In the case of Northern Ireland the catalyst has been a programme called 'Servicing the Legal

System' (SLS), inaugurated in 1980 in the Faculty of Law, with widespread official support and financial assistance. Although this SLS programme is designed almost entirely for the local needs of Northern Ireland, it has attracted interest from as far away as Australia and Hong Kong. We have had the pleasure of being visited by Mr. Aubrey Fraser and Mr. Austin Davis and we are very gratified that Mrs. Newton has drawn attention to SLS in her excellent case study, Commonwealth Caribbean Legal Systems, published in 1985 (p. 459). Together with her earlier report, Infomzation Needs and Research Practices of the Commonwealth Caribbean Legal Professions (1981), and Professor Patchett's Report to the Commonwealth Secretmjat all Legal Resource Needs in Small States (1980), this case study draws attention to many specific problems arising here in the Caribbean. I am not competent to comment on these and instead will make some general observations based on our own experience which I hope will be of interest to you. On inquiry it will be found that many common-law (and indeed also civil-law) jurisdictions have established some such initiative in recent years; as one random example, the Commonwealth Law Bulletin last year gave details of the setting up of the Legal Resources Foundation of Zimbabwe as 'an autonomous ... trust established ... in July 1984 to meet an expressed need to improve the accessibility of legal and information services to all sections of the population'. It is comparatively easy to chart these developments; it is more difficult to explain the general phenomenon. In broad terms, it seems simply to be an idea whose time has come. Legal notions can go unheeded for many years and then suddenly come alive. This has, for example, happened with ombudsmen, law reform commissions, criminal injuries compensation, no-fault automobile accident compensation schemes, and so on. For many years these were regarded simply as good ideas; then, within a comparatively short period, all self-respecting jurisdictions adopted some form of positive scheme.

C('r:biJcc!Il Jormu-:l of Legnlillforrllo{io!l --- 7


But what has made this particular time ripe for developing legal literature? There is obviously a connection with political independence; a ,new country will obviously be keen to develop its own legal, as well as political, economic and social, character. But the political dimension doc:- !lot appear to be particularly strong - at least in our own experience, where the Republic of Ireland only became active in this field some 50 years after independence, and SLS has emerged in Northern Ireland within the context of the United Kingdom. The explanation seems to me to lie more in the changing nature of the law and of the legal profession. The past ten to fifteen years have seen in most jurisdictions a dramatic increase in the size of the legal profession - in many instances numbers have trebled since 1972. This increased size has resulted in a profession which is younger, less experienced, more competitive, and less familiar with and tolerant of traditional legal methods. In the old days, the profession had established informal methods of acquiring and disseminating information about law; these practices and habits are no longer acceptable or workable, so something new has to take their place. In addition, the law itself has changed. Not only is there a lot more of it (which there undoubtedly is), but much of it is nowto be found outside the traditional statute book and law report - in unreported judgements, practice directions, government department circulars, quango directives, executive orders and so on. By way of corollary, interest in the law and the provision of legal services has become less of a monopoly of the legal profession as competition from other professions has increased and commercial and other activities become more subject to legal regulation. If we add to this a higher public interest arising out of improved education and greater expectations, then we can I believe understand why there has been growing pressure for greater access to the law. It is no longer acceptable that the law should be the preserve of the few; all are entitled to derive what benefits they can from making use of its provisions. This analysis is put forward with somc diffidence. But whether or not it is possible to generalize in this way, it is nonetheless important to underline the need for an inquiry of this sort. For the pressures or developments which have given rise to or facilitated the 'legal literature' movement must play an important part in determining the nature of the response thereto.

II. The Changing Nature of Legal Literature

I t follows from what has already been said that careful thought needs to be given to the concept of the 'literature' about law which ought to be provided. In broad terms we ,l . can suggest two broad models: [j -

Can'hbcruz .Tollt,'wl 0,1' Lef:;a! JI1/o!771!'lion

(a) The 'Orthodox' Model sees the primary function of legal literature as providing detailed and technical information about the current law for professional users (i.e., judges, lawyers and law students). Under this model, new 'legal literature' would comprehend statutes (and statutory instruments), law reports, indices to and uigests of statute and case law, expository texts, and law journals. All of this literature would be geared to the perceived needs of specialized users. (b) The 'Popular' Model, on the other hand, views the primary function of iegalliterature as providing access to the law and legal syst em for the ordinary person, to whom the services of the traditional legal profession are not normally or easily available. On this approach, legal literature would consist primarily of explanatory texts in simplified language - handbooks or guides to the law and possibly more polemical material calling for changes in the law to make it more just or fair. These two models do not represent exclusive alternatives, though they may raise questions of priority. Nor do they represent the full range of possible approaches, for there are many other groups of potential users of legal literature - businessmen, trade unionists, civil servants etc. - all with some need to know more about some aspects of the law but not necessarily in the same way or to the same extent as 'professionals' or members of the public. The legal literature debate has tended to focus on the orthodox model, and it has perhaps been given its fullest expression in Professor Twining's 'Aspirational Model for a National Legal Literature'. But I have deliberately introduced the 'popular' model to try to emphasize that other interests are alw involved. In short, legal literature may be required for many different users with many different needs. In theory, detailed market research should be undertaken with a view to determining the precise needs of potential users. And indeed some attempts have been made to determine the reading habits and material requirements of legal practitioners, as did Mrs. Ne\\'ton, through a very detailed questionnaire (see, generally, Commonwealth Caribbean Legal Systems [1985], Chapter 11). These attempts have not produced results conducive to the development of legal literature, but tend instead to show that: (i) many legal practitioners seldom refer to legal publications, and (ii) what many legal practitioners want are not books about law but assistance with non-legal aspects of practice - office management, financial planning, personal efficiency, etc. These findings tend to be played down: they are not what legal practitioners should do or want. But more reasonably, the feeling is that the issue is much more complicated and is inevitably tied up with the general nature and function of the profession. There is a similar feeling about the needs of the general pUblic: the ordinary person should want to know about the law, but it may have to


be accepted that he does not want to do so. In any case, there is a difficult problem about how information can best be conveyed to the man in the street. If the recent British election is anything to go by, then the theme of this conference should not be legal literature, but legal TV. And indeed it j;, a serious aspect of the challging nature oflegal 'literature' that enquiry should be made as to what extent the printed page has been superseded by other methods of communication. When we started SLS I was sure that there was an existing body of scientific information about effective communication methods; I am still convinced that there is - but I haven't been able to find it! Detailed analysis of the precise needs of potential users is a counsel of perfection. I have to say that, because we went ahead without one! But it does seem reasonable enough to assume certain general needs and to attempt to meet them. With this in mind SLS [rom the outset adopted a flexible approach to the nature of its publications and deliberately did not restrict itself to the more traditional forms. We have, therefore, published: (a) Traditional legal textbooks and practitioners' manuals, (b) Short analyses of recent legal developments, (c) Annotated statutes, (d) A regular (10 times per year) 'current awareness' service of the 'Current Law' type - the Bulletin of Norlhem Irelalld Law, (e) 'Law in Action' publications for the lay person, and (f) A Digest of N0/1hem Ireland Law for use by lay advisers in citizens' Advice Bureaux, etc. Reaction to these publications has been somewhat mixed, and it is my strong feeling that now is the time to sit back and take a much more detailed look at what we are doing and why. But the advantage of doing so after the programme has been established is that it can continue to operate as and while our research sharpens our understanding of t he Ileed to be met - and t he best way of meeting it. We have taken a similarly pragmatic view to the development of a 'programme' of publications. Rationally and ideally, again, one should conduct extensive research to determine the range and subject matter of the publications most urgently required. Priorities would be determined, authors identified and a planned programme put under way. Our experience is that such an approach is quite unrealistic. Detailed market research is, as I have already suggested, difficult, slow and expensive; priorities are difficult to determine and agree; authors are not readily at hand or, even if they are, cannot be expected to write to order. SLS therefore started from the other end: what had authors to offer or what could they be persuaded to do? In our view it was much more important that SLS should be seen to be up and running, to be producing

something promptly, than that it should carefully and deliberately (and at considerable cost in time and resources) build up a package which it then might not be able to deliver. That is not to say that we published anything that came along. Our one cardinal rule was that anything accepted for publicat ion must reach acceptable standards: it had to be good. It did not really matter what area of law it dealt with, or the users for whom it was intended. But it did have to impress all concerned with the initiative that the product was going to be of high quality. For this reason some manuscripts have been rejected or positive steps taken to improve the quality of work being prepared for publication. Looking back on the early years of SLS we can now detect a certain Irish logic in this pragmatic approach. Once under way, SLS tended to develop something of a momentum of its own. The success of the programme in producing publications on some (even apparently random) aspects of law has tended to encourage other authors to come forward, with the result that we are now in a position to say that our coverage of Northern Ireland law in terms of professional requirements at least is becoming fairly comprehensive. We may not have reached this position in any systematic or scientific way, but we feel that the range of publications, actual or in the pipeline, is quite extensive. But this initial success should not blind us to the need now to sit back and plan future developments with greater care. There has been another practical consequence of some importance. At the outset we faced a number of skeptics who either said that there was no need for the SLS programme or were pessimistic about the viability of such a programme: 'We've managed without books for years and don't need to change now!' Most of these skeptics have now been silenced. A much more frequent response these days is, 'However did we manage without SLS?' or, 'What did we do before we had the Bulletin of N0I1hem Ireland Law?' Now 1 do not wish to claim that SLS has been an unmitigated success. What J do want to suggest is a preference for pragmatism. Theoretical constructs are all very well and no doubt intellectually attractive. But where resources are limited it seems to me at any rate that it is much better to work with what you have got and to build up bit by bit towards a general plan.

III. The Institutional Framework

I have earlier suggested that various developments in the last ten to fifteen years have created a climate favourable to the growth of legal literature. As a result, even if nothing is done institutionally, literature is likely to expand. In some respects this is what has happened in the Republic

Cmibbeall loumal of Legal Infonnation - 9


of Ireland . There, little has been done to co-ordi nate or were not enthusiastic about SLS for reasons such as these; encour age the produc tion of legal publications, but these indeed, some still feel this way. But on the whole the prohave nonethe less prolifer ated. An institutional frame- gramm e has become an accepte d part of the work of the work is therefo re not essential for some developments. facuIty. To explain and justify this adequa tely would reBut our own experience is that a vacuum of this kind is un- quire a lengthy examination of the changing nature of desirable. It tends to be wasteful of scarce resources; academ iclaw, the aims and objectives of higher- educati on there is the d<l'lgrf of duplication of effort; jt may be diffunJing in [he United Kingdom, and many other factors. ficult to maintain standar ds; and so on. I am therefo re Let me avoid all that by saying simply that in 1986 all law convinced of the need for some institutional device to in- faculties in United Kingdom universities underw ent a stigate and oversee developments. There are many dif- somewh at cursory assessment of their researc h work by ferent precede nts, and what will work in one jurisdiction the Univers ity Grants Committee, each faculty receiving may well be unsuitable for another . But what seems an es- a 'researc h rating'. As it turned out we received a good sential minimum is that some framework is devised which rating and it was clear that our achievements through the will enable all interest ed parties to work together as close- SLS program me had played a substantial part in this asly as possible. sessment. This effectively put an end to much of the arWe have done this in the following way. From the start, gumen t over the 'acade mic' accept ability of the all aspects of the SLS program me have been subject to ap- program me. However, I would like to make four general proval by an advisory committee, chaired by the vice chan- observa tions, derived from our experie nce over the past cellor of the university and consisting of leading membe rs seven years, about the value of such a program me to memof the judiciary, the Bar and the Law Society, the Lord bers of a law faculty: Chance llor's Depart ment, and the Univer sity itself. (a) Academ ics have to start writing something someApart from giving us the benefit of their experience, the where, and SLS provides a most useful starting point and advisory commit tee has fulfilled three important funca method of training for bigger and better things. Indeed , tions: the existence of SLS provides a positive encoura gement (1) It established from the outset the status of the proto write, as well as making available a selection of concret e gramm e as suppor ted by the legal hierarchy. Such an im- topics, general advice and editorial assistance. primatu r carries innumerable, if intangible, benefits when (b) Most academics accept the need for a certain it comes, for example, to raising financial assistance, per- amount of law-in-context, and a program me designed or suading authors to contribute, obtaining access to legal intende d to produc e publications for the real world enmaterial, etc. courages an interest in the actual working of the law. (2) It has tied the professional bodies quite closely ( c) At some stage expertise in local law can be used as into the program me; their direct involvement has facila basis for developing a contribution to a wider scholarly itated the development of the program me, which in turn community. has helped to generat e enthusiasm for it. (d) I t really is quite challenging and salutary to explain (3) It has established the program me in the eyes of the how law works in a practical way, or to explain the inuniversity and of the faculty as a desirable development tricacies of the law to non-lawyers. entitled to their support . All these are positive advantages provide d the facuIty While all these factors have played an important part maintains its other activities. In other words a 'local litin the success of SLS, the last is possibly of the greatest erature ' program me can form an approp riate part of the importa nce, It is, I think, generally accepted that a Facul- work of a faculty, hut only if it continues to represe nt only ty of Law in a small jurisdiction must have an importa nt one dimens ion of that work. role to play in any legal literatu re programme; the profesFrom the SLS point of view, the program me has gained sion expects it to take the lead and in many respects it is enormo us advanta ges from being located within a univerright to do so. But there are a number of problems: consity faculty. In part these advantages are financial - the flicting demand s on membe rs of the faculty, particularly university provide s accomm odation and services at subat a time of reduced funding, which may lead to under- stantially reduced rates. But equally importa nt is the acstandin g or underp aid staff; conflicting priorities for re- cess to a range of expertise, particularly, in this age of search, particularly in promot ing the wider role of the informa tion technology, to comput er expertise. It has faculty in scholarship and (at a more mundan e level) im- been particu larly importa nt for SLS to reduce costs by proving opportu nities for establishing an individual repu- making use of the new technology, and the fact that we tation or prospec ts for promot ion, etc. For these perfectly have been able to do so has been in large part due to the proper reasons, members of a Faculty of Law may be availability within the faculty and the university of expert relucta nt to particip ate in a 'local literatu re' program me technical advice and assistance. which could be seen as parochi al and lacking intellectual There is, in our experience, one other precond ition to challenge. I have to say that a number of my colleagues the location of an SLS-type program me within a faculty.

,< 10 - Can'bbean Journal of Legal Informotioll


Any such programme inevitably generates a great deal of peripheral publishing work - editorial, secretarial, administrative, and so on. It would be inappropriate, and ineffective, for much of the time of academics to be taken up in such activities. Apart from anything else, they may not he vny good at it. In addition, the running of f:,uch it programme by itself generates a certain amount of administrative and routine work, and needs a degree of continuity to build up and maintain momentum. In our experience it has been essential, for reasons such as these, to have a small nucleus of full-time persons dedicated to the work of SLS, albeit und'?r the general supervision of an academic director. This SLS staff consists of a Blilletill editor, a publications editor responsible for production, and two secretaries. Until this year we have also had a part-time marketing manager and the full-time services of a senior lecturer seconded from the Faculty. Such a staff is expensive: in 1985-86, staff costs represented 40 per cent of total expenditure (i.e., ÂŁ62,000 out of a total expenditure of ÂŁ150,000). This is now regarded as too high, and an immediate problem, following the resignation of the senior lecturer, is to reorganize the SLS permanent staff at a more affordable cost. This inevitably brings us to the core of the legal literature problem - the question of money.

IV. The Production of Material But first I should like to say something about the generation of material for publication. Our experience is that this is not a particular problem. I have already explained why in my view it has become acceptable for most of my academic colleagues to write for SLS. This has been facilitated by the wide variety of publications, given that short finite tasks often seem preferable to long indefinite projects. But we have also managed to obtain some very valuable contributions from practitioncrs. Various studies have shown that publications by practitioners were fairly common in the late nineteenth and early twentieth centuries, but it is generally considered - at least as far as small jurisdictions are concerned - that the pressures of modern practice prevent such activities in modern times. We have indeed found it to be the case that not many practitioners are able to find the necessary time. Some who may be able are not willing to do so - there are still those who believe that specialist knowledge is valuable and ought to be protected, not shared with others. But we have nonetheless found a certain willingness by practicing lawyers to assist indirectly if not directly in SLS pUblications: (a) As joint authors with an academic co-author, (b) By providing access to files and 'practical' material,

I

(c) By reading and suggesting additions to draft manuscript material, (d) By preparing papers for or participating in short courses or conferences - incidentally a quite fruitful method of recruiting authors an d generating material for maIlY kinds of publications. The problem of producing 'practical' texts is, therefore, not insurmountable. We found it enormously helpful that one particular leading member of the profession was able to find the time to produce a number of 'practical' texts, and I believe that this has helped to pave the way and instill confidence in other practitioners to follow suit. In any case, the tide may now be turning for other reasons. The great increase in the number of practitioners already referred to has left some with time on their hands; the increased number of law teachers has redU(.:d the opportunity for 'international' legal scholarship; the development of postgraduate professional training institutes has created a demand for 'practical' teaching materials which can be converted into publications; there is an increased demand for continuing legal education; etc. For these reasons I do not see the production of material for the orthodox model oflegalliterature as a particular problem. It is when one seeks to go beyond these traditional forms of legal literature that greater problems may arise. As I have already indicated, there is a great deal to be learned about the most effective form and method of communication. In addition, problems both intellectual and presentational exist for authors who more naturally and confidently produce 'orthodox' material. The market is also much more uncertain and more expensive to reach. Conscious of these difficulties, and of the considerable effort in time and resources necessary to overcome them, the SLS programme has not yet attempted to fulfill such a wider role in any systematic way. Attempts have, I know, been made by a similar programme in some Australian jurisdictions, but I am not aware of how successful these have been.

V. The Problem of Money Let me start this section by reminding you that the dearth of secondary legal literature in small jurisdictions is normally explained on the basis of the non-viability of commercial law publishing. The services provided in larger jurisdictions by commercial organizations are just not profitable where there is a restricted market for those services. In such jurisdictions, government responsibility has typically extended only to the publication of primary sources - statutes and law reports - and even then the financial assistance may not be particularly gen erous. Ten

C7ri!J/JI'{l11 /0111'1101 oj Legal Illjonnation -- 11


or fifteen years ago it might have been possible to obtain additional governmental finance for publishing secondary materials, but in the mid-'1980s - at least from a United Kingdom perspective - this now seems most unlikely. The answer must be found elsewhere. But first let me try to assess the significance of the money problem. For this purpose I refer to an estimate by a 'commercial' law publisher in England that the cost of a publication - assuming a retail price of lOOp - is roughly as follows: Royalty to author: Discount to bookseller: Printing and binding: Warehousing, distribution: Publisher's operating costs: Residue for profit, etc.:

lap 30p 20p

l5p 15p lOp

These figures are now somewhat out of date, but I imagine they are still broadly correct. What they suggest and this tends to be borne out by the SLS experience - is that the cost of production - printing and binding - is by itself not an insuperable barrier to publication. If we assume for the moment that the other costs can be eliminated or minimized either directly or indirectly, then a publication, if priced¡ realistically, can normally 'wash its face' on a relatively small number of sales. This becomes more so as new technology makes available less expensive methods of production. Thus, the hroad equation adopted by SLS - and found in practice to be workable - is that if the collateral costs can be avoided or otherwise provided for, income from sales should cover direct production costs. As for the indirect costs, we have tried to deal with them in four ways:

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1. In so far as overhead costs are concerned (office accommodation, storage, other operating costs), the university was willing quite substantially to subsidize the SLS programme. Such a subsidy could be justified at least in part on the basis that SLS was an integral part of the faculty and thus a proper charge on the university. However, as university finances have steadily become more difficult, this argument becomes less acceptable and the university subsidy is now being reduced. Nonetheless, location of the programme within an existing institution must reduce running expenses to some extent. 2. Direct costs are avoided wherever possible - the most obvious instance being to sell directly to purchasers as much as possible, thus avoiding the substantial discount payable to booksellers. 3. Unavoidable costs have, fortunately, been covered by annual grants from the Bar, the Law Society, the Lord Chancellor's Department, and other agencies

(including a most generous 'pump-priming' grant from the Nuffield Foundation). Obtaining these grants took a considerable amount of persuasion and patience, but we were I think fortunate that at the relevant time there was a: major overhaul of the Northern Ireland legal system which provided an opportune moment for a new venture. 4. A final source of income comes from the organization of short courses and conferences. We have found that there is a steady demand for these and that they can be quite profitable - both financially and as a way of generating material for publication or recruiting additional authors. If a good topic can be found - we constantly pray for another development of the nature of Williams & Glyn's Bank Ltd v Boland (1979) 2 All ER 408, a House of Lords decision of intense practical concern to almost all solicitors - a well-organized conference can generate enough income to subsidize a number of less profitable activities. At the other end of the spectrum, we have found that a major drain on our resources is the production of the Bulletin of Northern Ireland Law, our version of Sweet and Maxwell's CUTTent Law. It is very labour intensive, requiring as it does all the time of our one full-time research assistant (and even she has to be assisted by numerous assistant editors) to prepare it, and much of the time of one of our two secretaries to prepare camera-ready copy on the office word-processor. At present it is causing us a further problem in that it makes an ideal basis for the development of a Northern Ireland legal data base: approaches have been made by commercial companies anxious to extend their 'libraries' to include Northern Ireland law. Naturally we are delighted in principle - we are all in favour of a Northern Ireland legal data base but the price being offered is in our view unrealistic: were the idea to catch on, subscriptions to the Bulletin might drop significantly and we would be left in a position where our increased loss was some commercial computer company's increased gain. The new technology clearly has many advantages for a small organization such as SLS, but it can also pose some difficult problems. A second problem is the question of advertising and marketing our products. Here the orthodox model has an obvious in-built advantage; it is comparatively easy to reach the local professional market. But there are considerable difficulties in the way of advertising our wares outside the jurisdiction, or in attempting to reach the nonlegal market within it. It is when we have attempted either of these tasks that we have become more fully aware of the nature of the 'operating costs' incurred by commercial publishers. To be effective, marketing and advertising requires considerable time and expense, which may not be proportionately reflected in increased sales income. I


leave this as a problem to which there is apparently no simple solution. What I think all this amounts to is an assertion that the money problem is a real one, and that some financial assistance is essential to setting up a viable organization. But a comparatively small grant can, with ~ome ingenuity and sufficient enthusiasm, be made to go quite a long way.

I

hope these general reflections arising out of our experience with the SLS programme have struck some

chords in relation to your own problems here in the Caribbean. We certainly feel that we have benefited from the experiences of other jurisdictions, but we still have much to learn. May I therefore conclude on a familiar note: as a result of developments similar to SLS there must now be a cOllsidcrabk storc of experience and expertise in the production of legal literature in small jurisdictions. Cannot some effective way now be found to enable each of us to work more closely together and collectively, rather than individually, to tackle the problems of rationalizing our legal literature ?

C~ribbea71 JO!lnlrl of LCf,:l[ JIl!oi71wtio/; -

13


The Dilenlma of the Legal Writer/Researcher in the Commonwealth Caribbean C. Dennis Morrison Attorney-at-Law, Jamaica

T he title of this presentation was chosen for me, not by

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me. Hence two generous assumptions, which lead me to approach the task with a degree of diffidence. To deal with the second assumption first, the topic chosen for me implies that 1 may know something - perhaps even something more than others - about legal writing and research in the Caribbean. While I cannot deny that I have on occasion tried, I do not claim expertise, and I must thank my hosts for the confident hope that the invitation to address you implies. The second assumption is no less fundamental: that is, that I know what a dilemma is. In search of a point of departure, I went anxiously to one of my greatest sources of comfort in times of doubt: my Chambers' Twentieth Century Dictionmy. I was reassured to discover that I was not far off, but I was also happy for the greater precision that the consultation invited. A dilemma, Chambers says, is 'a form of argument in which the maintainer of a certain proposition is committed to accept one of two propositions each of which contradicts his original contention; a position where each of two alternative courses (or of all the feasible courses) is eminently undesirable'. The phrase 'the horns of a dilemma' therefore describes the position of a victim of a dilemma, who can be compared to a man certain to be impaled on one or other of the horns of an enraged bull: damned if he does and damned if he doesn't. With that definition in mind, what I want to look at today are some of the contradictory choices that confront the - or the would-be - legal researcher and writer in the Caribbean. My emphasis is on the researcher for primarily academic purposes, as opposed to the researcher for professional purposes, and it is to this extent that I hope to be able to offer some complementary insights to those contained in Dr. Claude Denbow's excellent address to the first Annual General Meeting of 1 CARALL in Port of Spain in July 1985. A large part of the background to the problem is the availability - or lack of it - of West Indian legal materials. It is not, as is the

14 -- (:rllihbeal1 , .lO!I.rnol of Legal InformatioJl

case with many problems we like to claim as peculiarly our own, a uniquely West Indian problem. Professor Twining's and Ms Uglow's work on the problems of legal literature in the small jurisdictions of the British Isles confirms this, and their own introduction to that discussion is equally apt in our context: The problems of developing bodies of literature deallng with the local legal system are shared by nearly all jurisdictions in the English-speaking world. They are particularly acute in newly independent countries, in multi-lingual societies and in jurisdictions in which the market is too small to support the commercial publication of a corpus of material adequate to the needs of a variety of kinds of users - private practitioners, lawyers in the public service and industry, law students, academics, other specialists, and members of the 2 pUblic. But we also suffer special problems of underdevelopment and fragmentation wllich make our sit uation perhaps more acute in degree, if not fundamentally different in kind. They are well documented -- in Dr. Denbow's address, by Sir Fred Phillips3 and in the seminal and ongoing contribution to the subject by one of your own founding members, the distinguished Mrs. Velma New4 ton. I am therefore happily able to avoid boring you with a rehearsal of them and it is sufficient for my present purposes to summarize: 1. The difficulty of accessing primary legal materials, such as statutes, subsidiary legislation and government papers in several of the territories, compounded by their unreliability, either because of incompleteness or inaccuracy; 2. The absence of a satisfactorily comprehensive system of law reporting in the region, caused in part by


3.

4.

5.

6.

over- (sometimes under-) selectivity and serious time lags in publications; With very few exceptions, the complete absence of works of reference, textbooks and case books with a specifically Caribbean orientation; The absence of sufficient outlets of (l periodiealuature for the dissemination of the results of ongoing legal research in the region. 77le West Indian Law fOlil7lal has been a notable exception, but is even now threatening to fall into the tradition of discontinuity of legal (and other) periodical publications in the region; The resistance to modern technology in the region, in which the methods and tools of legal research remain closer to those of the nineteenth than those of the twenty-first century, and the wonderful revolution of the computer is viewed - as revolutions usually are -- with suspicion and nervous distrust; The inaccessibility of resources for publication to researchers and writers in the region and the related problems of a market where demand is in relative terms small and costs high.

This list is hardly exhaustive, and indeed by its generality may conceal much of the complexity of the problem. But I hope it will suffice by way of introduction to my main areas of concern, to which I now turn. I start with the problem of completeness. No research is ever complete: many a researcher in various fields has been chagrined .- and sometimes embarrassed - by the revelation, after he has committed himself to presenting his results in a form purporting to be definitive, of very pertinent material which might have materially altered his conclusions. Given human infirmity and the invariable complexity of the subjects of research, this is hardly surprising. For the researcher for professional purposes, whose primary concern (indeed, obligation) is to seck and discover for his client a solace from the body of the law, the problem of incumplete research is regarded by many as an occupational hazard in a potentially dangerous game of Russian roulette. By others it is even seen as having some dubious virtue, as the following extract from Professor Twining's and Ms Uglow's work illustrates: Finally, it emerged that looking up the law was a task which generally occupied a very little amount of a solicitor's time, sometimes because he had no need to look it up and sometimes because he had no time to look it up (in which case he might delegate the task). A variety of comments were expressed in interviews on this problem of finding time to look up the law. These ranged from those of the solicitor undertaking criminal work who said that, with the pressures of his work, looking up the law had to be 'a quick

. I

ten minutes' glance and hope that you're right', to the reflections of an elderly country solicitor who commented, 'I spend a lesser proportion of my time on looking up the law. People say to me "I'm sure the law can be utterly absorbing at tin:c~", and I an~\Yel, 'Tn~ sure it must be; I wish I had the time to take it up!" ,5 Closer to home, Velma Newton's survey reveals similar attitudes, and she summarized her responses by observing that '[the practitioner] found little time to do thorough research, and if all the materials which he felt he should consult were not near at hand, would try to get by with the minimum,.6 But for the researcher for academic purposes, seeking as he does to advance the theory and practice of his discipline, there can be no question of hoping that he has got it right or of getting by with the minimum. His aim, before he ventures conclusions, must be to have researched his area of enquiry as completely as possible. How to do this, though, in the Commonwealth Caribbean, with sixteen jurisdictions spanning more than a thousand miles and a woefully inadequate body of legal literature? To strive for absolute comprehensiveness might take years (which may be an explanation for the extended gestation period of the judgements of some regional judges) and an enonnous amount of money. On the other hand, to try to get by with what is available may result in irresponsible and misleading scholarship and, in the case of those who earn their living a, academics, may have lasting career implications. One answer may of course be that the Caribbean legal researcher ought to temper his ambition to accord with the resources of time, money and material available to him; to strive, not for a statement that will have a durable regional validity, but to concentrate on his own territory in the hope that, with similar efforts taking place in each territory, there will be in time a body of work which, taken together, covers an acceptably broad spectrum of Caribbean IegaJ problems. Indeed, a casual survey of 17Ie West Indian Law fOlll7lal over the last ten years will turn up several examples of this approach. One problem with this, however, is that it probably encourages greater fragmentation in approaches to legal problems, from which may well emerge a purely descriptive rather than conceptual West Indian jurisprudence. Another problem is that there is just not an adequate number of lawyers in every territory who by training, experience and inclination are equipped to undertake serious legal research and writing. Hence the difficulty of those who are, whether they be in the university, the law schools, in public or private practice: to make a choice from several options, none of which may be entirely - or at all - satisfactory: not to publish, out of too great a caution (and, at any rate in the university, to perish); to perish by publishing results of inaccurate or incomplete research; or to publish with some

Cmibbeoll fouma! of Le!'(l[ In/onllation ..- 15


degree of accuracy and to be accused - the unkindest cut - of insularity. A not unrelat ed consideration for the West Indian legal researc her/wri ter - and it is not unique to the discipline of law - is whether one should seck entirely regional (in the sense here oflocal ) avenues of publication or international exposure. This is of particular concern for the strictly academic lawyer. Publication within the region implies a concen tration on strictly regional concerns; strictly regional concerns may not have the level of interest or urgency outside the region to comma nd overseas publication. Yet international stature and recognition are among the criteria for advanc ement and promot ion in academ ic institutions, ours no less than others. Some of our academic writers have found a middle way by publishing articles on aspects of Commonwealth Caribb ean law in overseas journals such as TIle Anglo-A merican Law Review, Lawyer of the Americas, Public Law. TIle Interna tional and Comparative Law Quarlerly, and TIle Criminal Law Review. No doubt there are more to come and the authors are to be commended, but one can only express the hope that in resolving this particu lar dilemma our academic writers do not lose sight of their critical role in developing our own vehicles of legal expression. For the ultimate resolution lies, it seems to me, in the establishment of a body of legal literature at home that can stand the most rigorous comparison with that to be found anywhere else in the common-law world. Then and only then will the legitimate concern for career advancement find a truly indigenous expression. But the academic lawyer has further problems. I set out below a few of the criticisms of work published in the Tlte West Indian Law Journal which emerge d from Mrs. Newton's survey:

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(a) the articles published are not as wideranging as they should be if the aim of the Journal is to serve all groups of the legal profession. Several respond ents pointed out that at present, constitutional law, human rights and criminal law articles predom inate. They state that more articles are needed in the fields of legislative drafting, family, general real propert y law, landlor d and tenant and on practic e and procedure; (b) most of the articles are written by academics, and are too lengthy, too theoretical, and of no practic al value to practitioners; ( c) more articles from practitioners ought to be solicited; (d) too many references are given - often totalling hundre ds for each article. Private practitioners were especially critical of the academics at the University of the West Indies and the Law Schools who, in the opinion of many, had failed the region as interpreters, com-

mentators and guides to the law, because their research was unco-ordinated and often irrelevant to the research needs of the legal profession as a7 whole, and to private practitioners in particular. These comments more than anything else, it seems to me, illustrate the rocky road that the academic legal writer must travel in the Caribbean. The criticism of overly theoretical work is not new, and again it is not uniqUely West Indian. But I think it fails entirely to recognize the multiple role of the academic legal writer as teacher, theoretician, explicator and historian. He operates, after all, in a university, and it is for me particularly galling that practitioners happily schooled and nurture d in the persistent obscurity of some English periodical writing should make such short shrift of our own efforts to create a mature traditio n of legal scholarship virtually overnight. Speaking for myself, as a practitioner, I find the criticism that there are too many references given in articles published in TIle West Indian Law Journal especially inane: an article gives one man's view, sometimes no more than an overview, on a particular topic; for the researcher, academic or professional, it is only by looking at the author's source material that we can test the accuracy of his conclusions by our own lights and seek signposts to other dimensions. The academic/practical debate will doubtless continue, and it may well be that, as far as TIle West Indian Law Joumal is concerned, the middle way will have to be forged out of editorial policy. But, though not invariably so, articles with a practical orientation will have to come from those with practical experience. To this extent I would urge practitioners in the region to accept the challenge implicit in their own strictures. The practitioners also criticized the predom inance of articles on constitutional law, human rights and criminal law in Tlte West Indian Law Journal. Mrs. Newton's research to some extent confirmed this predominance. I do not myself find it surprising that this should have been so in these (still) early years, but I share the view that a movement to a more 'micro' (if I may borrow and use loosely a word from another discipline) approa ch might be useful, given the legal-information needs of the region in the foreseeable future. If that comes to pass, as I hope it will, there will remain in even clearer relief, though, the question of the accessibility of legal information to members of the public in a manner that is in form and content intelligible to them. This is one for the practitioners: is it in the public interest for basic legal information to be collated and disseminated as widely as possible, in the form of pamphlets, seminars, public lectures, basic texts for schools, and so on? Or do we have an overriding professional interest in ensuring that the present system, in which the most basic legal proced ures (correction of a spelling error on a birth certificate, for instance) are routinely initiated through a lawyer, for a fee? I think that the wide-


spread inability to pay even modest fees must lend some support to the proposition that the legal writer/researcher should not so defihe his area as to exclude a popular press for the law. I have not so far mentioned legal education, from the student's srandpoint specifically, though much that I have said obviously has an impact on it. I would like to look briefly at the availability and relevance of legal textbooks in the university and the law schools in the context of our present discussion. The problems are well known: Smith and Hogan, for instance, is the leading English students' text on criminal law. It is also a required text in our own Faculty of Law. But an entire 130 pages dealing with theft and related offences have been of no relevance to any territory in the region since the passing of the Theft Act in the United Kingdom in 1968. When I was a student at Cave Hill in 1971, the entire chapter on larceny from the last pre-1968 edition was photocopied and distributed to the class. I do not know if this is still done, but it was and would be far more so now - a most expensive exercise. The position with English texts on family law, real property law, labour law, and increasingly with evidence, is similar. Indeed, some areas, such as real property and conveyancing, are probably urgently in need of local texts written from scratch. In this situation, a student without diligent guidance is likely to find himself in a minefield. It therefore seems to me that textbook writing, either by way of abridgement and editing of existing established texts or by way of work initiated and developed originally, is an urgent need. In the latter category, there is already the pioneering work ofMr. Justice A.V. Crane and Mr. Ashton Chase on workmen's compensation, trade unionism and compulsory motor vehicle insurance, Dr. Fenton Ramsahoye's work on the development of land law in British Guiana and, more recently, Dr. Lloyd Barnett's Constitutional Law ofJamaica (1977), Dr. Francis Alexis's Changing Caribbean Constitutions (1983), and Dr. Denbow'sLife Insurance Law in the Commonwealth Caribbean (1984). More general works include Sir Fred Phillips's three challenging studies (written, as he points out himself 8 without immodesty, in an astonishing eight years ). Much of this work is brilliantly conceived and superbly lealized and has been produced in difficult circumstances. But if we are to improve on this record, if we are to make our achievement more specific to the needs of students in the university and the law schools, we cannot avoid the question of economics. To Messrs. Butterworth & Co., an Australian or Canadian edition of Cross on Evidence is a viable proposition, given population levels generally and the size of the legal profession. In the Commonwealth Ca-

ribbean, if the experience of the West Indian Reports is anything to go by, viability may have to yield to commitment as the criterion of publication. Increasingly, it is going to be impossible to fmd such commitment outside the region, and I think the time has come for all of us who have an interest in the legal profession, whether as practitioners, academics or librarians, to begin to insist that the governments and the private legal sectors in the region recognize and embrace that commitment. To a significant extent, the governments have led the way with their support for the system of legal education. The record of the private sector - and I am thinking specifically of the various practitioners' groupings - has been less happy, and I would certainly urge them, and pledge my part, to become more involved in the financial aspect of publishing, given the perception of their members of the shortcomings of existing legal information systems and the efforts of those in the region actively involved in research and writing. And, finally, to the twenty-first century: the age of the computer is upon us, and even if in the Caribbean our research methods are still woefully outdated we cannot ignore the challenge of change. For me, there is no dilemma in that: as we attempt to survive and compete in a world growing smaller each day, change and modernization are less likely to enrage a perceptive bull than apathy and selfsatisfaction. It is in faster and more accurate information retrieval that lawyers and librarians share a common ground. I look forward to confronting that challenge with you in the exciting times ahead. NOTES l. Denbow, Claude. West Indian Legal Material - Availability -

2.

3.

4.

5. 6. 7. 8.

Problems of the Legal Researcher. Caribbean Law Librarian 3 (2 and 3), July/November 1986,33-36. Twining, W., and Uglow, J., eds. Law Publishing and Legal Information: Small Jurisdictions of the British Isles (London: Sweet and Maxwell, 1981), 181 pp. Phillips, Sir Fred. Legal Writing and Publishing in the Commonwealth Caribbean. Caribbean Law Librarian 3 (2 and 3), July/November 1986, 43-49. Newton, Velma. Commonwealth Caribbean Legal Systems: A Case Study of Small Jurisdictions (Council of Legal Education, W.I., 1985). Twining, W., and Uglow, J., eds. Op. cit. 34-35. Newton, Velma. Op. cit., 305. Ibid., 419 and 437. Phillips, Sir Fred. Op. cit., 48 ..

I gratefully acknowledge a debt of gratitude to Mrs. Yvonne Williams, who, at criminally short notice, typed this paper expertly.


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the The Law Librarian as Catalyst in System Commonwealth Caribbean Legal Paula Jordon University of Gu yan a A catalyst, then , is a subwhe n the reac tion is com plet ed'. of role the at look is er pap . W ha t I inte nd to do in this which catalyzes a chem ical reac tion legal cont ext. In doin g stan ce an ihbe given the task Car on the pers in n any n aria mea libr l law shal r the By law libra rian , an ibbe Car the by n mea I t wha n coll ecti on of legal mat50, I shal l elab orat e upo of orga nizi ng and /or supe rvis ing a exthe ess proc the in show to to dev elop men t of that lega l con text and atte mpt eria ls in the Car ibbe an, with a view yet have are, they as even es, tanc orm an info rma tion tent to whi ch our circ ums coll ecti on in orde r that it may perf elop dev our , first of, ge anta adv text of the Car ibbe an lega l systo be exp loite d to the full of giving func tion in the con s term in n aria libr law the nd, ing legal syst em and , seco tem. dev elop men t within the real ized that in orde r his/ her func tion and prof essi ona l As I set dow n thes e defi nitio ns, I ussi on I wou ld nee d to defi ned con text . to give clarity to the following disc ne the defi first can We ws, follo t wha As a basi s for and thos e rela tion ship s upo n which system, isol ate thos e elem ents l lega an ibbe t, Car ect: subj my ope rati ve wor ds in to con cen trate . So, as a star ting poin the wor d I inte nd specifically ne defi to first that in wish I with . rian from libra and catalyst, and law we hav e the Car ibbe an legal system, er it is imp orta nt to bea r pon ents and char com ain cert ated 'sys tem ', for thro ugh out this pap isol e hav J em legal syst a disc iplin e both s odie emb law of ect all them e. The se subj over in min d that the acte risti cs that have a bear ing on my is in part an e ther e sens r latte the pris ing: in com m and yste and a syst em, I hav e iden tifie d as part of a subs that is wholone from inct dist as it, to c insi intr ord er that is Cha ract eris tic ly exte rnal ly imp osed . Com pon ent prin cipl es, facts, of y bod ated rdin co-o 'a is em A syst grou ping , a met hod or (a) Jaw and libr ary qua lific atio ns theo ries , doc trin es, etc.; a logical 1. 771e law libra/ian nge men t or orarra ated rdin co-o a n; atio sific (b) libra ry qua lific atio ns plan of clas for wor king tos part or gs thin of tion bina ( c) no form al qua lific atio ns gan ized com tion , etc. ; any func ar icul part a ing form per geth er, etc. ' We know, ther ecom plex and co-o rdin ated whole; 2. 771e law libra/Y system we are assu ml abse nce of app ropr iate or fore, that whe n we spea k of a lega (i) as legal archive ble com pon ents and tifia iden ain cert e hav to it rele van t system by whi ch to ing er intr insi c or extrinsic. eith be can ch whi tics eris ract mea sure this func tion cha to affect the ope rathat me assu bly ona reas also func tion can be mea sure d in We can (ii) as supplier of char acte risti c is to hav e or ent pon com one any of s term s of user sati sfac tion tion immediate/sholta whole. By Car ibbe an as em syst the n upo act imp e som needs collective exp erie nces , lega l syst em, ther efor e, I mea n the of the Eng lish -spe akin g low acad emi c outp ut - i.e., in a hist oric al and actu al sens e, 3. 77le law librmy user ninta and e gibl (tan ents und erde velo ped pote ntia l as Car ibbe an in term s of thos e elem e mak , ruct inst , port sup ate, evid ence d by the qua ntity and gibl e) that can be take n to initi ce. qua lity of rese arch outp ut up its laws and its juri spru den , lysis cata d wor the from The term cata lyst is deri ved rdat ion of a chem ical whi ch is 'the acce lera tion or reta f und ergo es 110 peritsel ch reac tion by a sub stan ce whi may be reco vere d ch whi or man ent ch~micnl chan ge,


As I go along, I hope to show the several points of interconnection within this sub-system with the law libraria n as the central motivating force. As law librarians, we are well aware that managing and developing a law library in the Caribbe an environment are not C:isy tasks. '0/e operate under constraints that are daunting, to say the least, and which require from us a superabu ndance of patience, time, and energy. In general, we can identify the most bothers ome of these as:

1. The absence of a local legal-publishing industry and the fact that we constitute too small a market to attract the publishing houses of the larger, more welldeveloped commo n law jurisdictions. 2. The lack of a proven interest on the part of our governments in promot ing awareness, skills, and financcs for the proper development of a local legal literature. This is evident in the low priority given to the produc tion of up-to-d ate laws in the individual jurisdictions. 3. The difficulty of collecting legal literature from other Caribbe an territories. 4. The inadequacy of our library budgets to do all the things we would like them to do. The situation makes our responsibilities particularly onerous .. Our activities on a regular basis attest to this fact. We are constantly seeking out registrars, clerks of court, clerks of Parliament, government printers, and a whole host of other elusive persons, mostly in the employ of the government, who seem bent on thwarting our purpose of acquiring all of the primary legal materials published. In relation to the second ary materials produc ed, though the number is small, many do not pass through the conventional publishing processes and thus create several difficulties in relation to their acquisition. The level of our activities, in so far as the local legal literature is concern ed, is one of identifying what is being produc ed and where; acquiring it; collating, compiling, indexing, updating, prepari ng systematic bibliographies, etc. In short, the law libraria n creates a store of legal information materials and, in bringing certain skills to bear upon their organization, facilitates a measur e of accessibility, thereby easing the burden of the researc her. These activities would surely be seen, in the orthodo x sense, to constitute the most importa nt tasks of the law librarian in this environment. We can attempt to define the responsibilities they carry with them in relation to a specific working environment and accordingly attemp t to fulfill these by doing a thoroug h and compet ent job of meeting the express ed needs of a particular clientele. This is what many of us perceive to be the ideal. In this sense, the law libraria n does function as a catalyst, in that through his activities the literatu re is transfo rmed from a mere collection of recorde d data into a living compon ent

in the continuing growth of the law. The legal profess ion and law academics are in turn informe d by the access to practic e and precept in the literatu re provide d through those activities. The law librarian therefo re facilitates an interaction between literatu re and user. If, however, we were to approa ch this concep t of the law librarian as catalyst not so much from the level of hj~ specific activities but from the wider angle of the require ments of the legal system itself, it soon become s clear that there is greater scope for involvement from us; that what we have so far contrib uted is inadequ ate, for we can contribute more. Here is where we are called upon to examine those areas in which we can make specifi c contributions, as a professional body, to the legal system. Of course, one can always do so in one's own right as a researche r and/or writer, but what I wish to concen trate on are those areas which can make of the law librarian an even greater catalyst than at present . Earlie r on in this paper, one of the definitions given the word system was 'a logical grouping, a method or plan of classification'. In terms of our own environment, we lack a concep tual model of the Caribb ean legal system. Even though we are fundamentally a common law system, to say so lacks precise meaning relative to the fact that Hong Kong, Australia, Canada , New Zealand , South Africa, etc., are also common law systems. Even at the level of organizing our library collections, we are using borrow ed classification schemes, or ad hoc ones, none of which reflect the comprehensive reality of the legal system we share. Since this S)"I em has not on the whole evolved naturally, but has had several injections of various systems of law at various times, it seems to me that, in contemplating any deliber ate contributions towards development, one of the first would be that of definition and classification, followed by, in our case, the creatio n of an appropria te law classification scheme. It may be pertine nt to note here that constructing a classification of (111r law and legal system and creating a classification for the organization of its literatu re are not one and the same thing, although the latter may be derived from the results of the former exercise. The first, by definition, involves a level of abstrac tion that the second need not contain. For classification, I have chosen to use the following definition: 'any method of creating relations, generic or other, betwee n individual semantic units, regardless of the degree of hierarchy contain ed in the systems and of whether those systems would be applied in connection with traditional or more or less mechan ized method s of docume nt searching' (Elsino re Confer ence on Classification, 1964). A classification scheme, on the other hand, is the pragma tic application of some classification method in order to facilitate the retrieval of books and other information-giving materials. The two Cmibbcall .Tol/mal ofLegallllfol7l1Gtioll .- 19


are obviously directly connec ted and, particularly in the Caribb ean context, both operati ons can fall within the province of the law librarian. Before I attemp t ajustification for this contention, you may wonder at the necessity for making an issue of law classification and its applicability to a law classification scheme when so much else is happen ing in the information field, based on post-co-ordinate automa ted information retrieval methods. But if you examine this state of affairs critically you will observe that its authenticity is derived from and suppor ted by a system of interlocking compon ents involving the writer/researcher, the publisher, the critic, the librarian, formal and informal modes of commu nication - all of which, in a vibrant, researc h-oriented society, operate at a level of intensity that is not descriptive or our own society. Developments in such societies have necessitated, some argue, an inductive appi-oach to the organization of literatu re and its retrieval, but it is wrong to assume that the same approac h in our society would necessarily achieve the results we seek. In relation to our legal system, apart from those constraints already mentioned, we are also dealing with much smaller number s and with a researc h potential that has not by a long stretch been exhausted, neither in terms of quality nor quantity. This remark I confine specifically to legal researc h in the Caribbean. I do not believe that the absence of a publishing industry and the other constraints I have mentio ned are solely responsible for our slow publication rate. Possibly, if we were to examine this situation more closely, we might find that these factors are not even largely responsible for this. By my referen ce to the quality of legal research, I cast no aspersi on nor derision on the quality (or necessity, for that matter) of existing individual pieces of research, but rather I refer in the historical perspective to a stage of developme nt in our own legal literatu re which is in many ways still elemen tary - elementary because of the extensive range of researc h topics still waiting to be explore d and because, so far, our writers have by and large tended to concen trate on the pragma tic at the cost of the historical and practic al and on the specific at the cost of the theoretical and abstract. Of course, one may say that there are always areas of researc h waiting to be explored, so that this is not in itself a valid criticism, but the point is that the sum of what has been produc ed has not done enough to provide us with a concep tual proposi tion of our own value as a legal system. If we feel that this is a worthwhile objective, each active party in the system (by active party I mean, for example, law teacher s as a group, lawyers as a group, law librarians as a group, etc.) must examine the role it plays. It must be prepare d to strip and test the assumptions that are generally made in relation to its progress (or non-progress, as the case might be) vis-a-vis its desired objectives. It must also be able to accomm odate the unorthodox, where

such method s can be more approp riately applied in our context. Given the state of the art of the literatu re in this legal system, I think we can reasonably assume that the law library becomes a focal point and has the potenti al for becoming ever more so if we as law libr,[rians assume at least partial responsibility for facilitating or bringing about a change in the present state of affairs, In terms of the imporla nce of the law library to a commonlaw system, I have no evidence that highly developed legal systems in this family can or do flourish without the suppor t of law libraries, though I suspect not. I am contending that, given our cultural diversity, our particular, social, financial, geographical, and political realities, there are certain factors which inhibit a natural flow of legal academic discourse. I am also contend ing that, given the relationship between source and precept in common law systems, there is a parallel connection betwee n the development of the legal system and its literature; hence, the system becomes as good as the literatu re which represe nts it. Consequently, this has implications for the extent to which we view our law libraries, either individually or collectively, as archives of the laws and jurispru dence of our particular system. If we accept the foregoing while bearing in mind our role as operato rs in a system with particu lar and peculiar characteristics, then we ought to be able to deduce some of the principles upon which we should operate in terms of the acquisition and organization of our legallit erat ure. As a first step, I think we would need a law classification for the Caribbean. At the moment, I stress law classification and not law classifi cation scheme , for the objective I am addressing now is wider than that of shelf arrangement: that is, the objective of scientifically knowing our legal system. Upon this knowledge we can lay the basis of several other functions (thesau rus construction for indexing purpose s and collection development, for instance), knowing what it is importa nt for us to acquire in relation to the sources of other commo n law jurisdictions; what, for instance, constitutes a minimum standar d for law libraries in the Caribbean. On a theoretical level, classification offers a means of providing definitions, of determining the range and scope of concepts, of showing relationships that these hold and of assigning or creating a logical order among them. It has been said that the value of classification is based on 'the human need for order, the need to know what exists and what does not and the potenti al this gives for directin g men's endeavours into newer and previously unexplo red and unresolved areas of debate and study' (Datta and Farradane) . In underta king such an exercise for law, we are helped by the fact that there are certain structu red


relationships from which one would not be able to deviate. These I have defined as: (a) Semantic relationships in law - that is, the legal IllC3Jlil1!! of word" and, vict' versa. thc mcaninf' of legal terms and phrasEs. (b) Structural and associative relationships - by this I mean the boundaries within which legal concepts fall. An example of a structural relationship would be: damages, remedies, law of contract (or tort), private law, common law. An example of an associative relationship would be: domestic law as a subsystem of a jurisdiction (Jamaica, say), which is a subsystem of the Caribbean legal system, which is a subsystem of the common law family (made up of several jurisdictions), which is a subsystem of all types of systems of law. (c) Legal form - that is, the forms in which laws are represented and the level of authority attached to each type of source. After we have understood these relationships, we can move on to construct an appropriate model of the relationship between jurisdiction, form, and content in the Caribbean context. In this model ought to be represented the several influences that have contributed to the present composition of our legal system. In order to achieve this, there are several levels of relationship that would have to be taken into account, namely: 1. The hisiOlical, socia-political, and comparative aspects of the legal s),stem. Here, attention would be given to those aspects of our legal system that have developed or devolved through association with some other country or system of law. For instance, there is the common law by virtue of our colonization by Great Britain; there are areas of Roman-Dutch law that are still operative in Guyana as a consequence of that country's historical association with Holland; similarly, 5t Lucia's civil law was passed on by the French. Other influences to be taken account of would be the personal laws that came with the various peoples who were settled here and who now constitute our plural society. And, of course, there are those autochthonous legal concepts which have evolved out of our own local circumstances, such as may be found particularly in family law and the law of real property. From the examples given, it is evident that what is important is not only the legal concept itself but also the origin of the concept. Some significance would therefore have to be attributed to such occurrences as the reception of law, slavery and its abolition, indentureship, independence and the constitution, etc., for each of these developments has been the starting point for further developments in the legal system.

2. A mechanism for linkinJ? legal concepts that are not all pmt of the same system of law. This mechanism should enable one to recognize where deviations from the English common law have occurred. It should link concepts in such a way that each concept retains its integrity to whatever system or origin it belongs to, while at the same tim\: showing how they connect, so that the whole represents a coherent picture of Caribbean jurisprudence. So, for example, personal property and real property would be linked in some way to moveable and immovable property, for these are all valid concepts in our jurisprudence and one cannot be substituted for the other, neither can we include only one at the expense of the other. 3. Some means ofranking the relationships between our own and othercommolllaw jurisdictions. For instance, the model should address the issue of how important and/or relevant the common Jaw system of, say, India or Canada is to us to show what measure of equivalency there is, if any, among these relationships. This is a much more difficult task than the preceding two, for whatever results arc arrived at will tend to be open-ended, as some jurisdictions will become more or less important or relevant over time, at least until our legal system develops to such a degree that it can be said to be self-sustaining. The results can also vary considerably depending on the evaluative criteria used.

Anyone of the three characteristics of the model outlined above can constitute an area of research in itself. Each individually explores an aspect of our legal system for which answers need to be provided in the interest of our own self-knowledge, and each has implications for the kinds of literature we should seek to stock in our libraries.

On the matter of a classification scheme for law books, we come now to a pragmatic application of the principles derived from law classification. At this point the interest of the law-library user bccomes important. The objective of the scheme would be to facilitate easy retrieval at its optimum relevance. The greatest disadvantage of using a foreign law-classification scheme is that such a scheme would have been constructed with a particular environment in mind, and any transfer to another environment would immediately create problems of relevance and suitability. In a scheme that claims to encompass all common law iurisdictions, problems of relevance and generality would also arise. Some examples of the kinds of limitation that can arise (using the Moys scheme as an example) are: 1. What is enumerated for one environment does not necessarily reflect what would be enumerated for another. For example, the Moys scheme does not enumerate Chattel House, Constitutional Interpretation, Entrenchment, Freedom of Association, and several others which we

CC!libbcan Journal c;f Legaf Jnfi''I771 Giiol1 --- 27


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gh considerable enumwould recognize. It has giyen, thou and Religious Leg al erat ion of Anc ient and Mediaeval Law oses could have bee n Systems, both of which for our purp C':nparalive Law. com pres sed to [all ullde! General alld ld pose the same 2. Specificity of enu mer atio n wou t titles that would fall problem. A sample of the differen e classification scheme within one category using the sam are: em: a case study of Som e prob lem s of a hybrid legal syst Sf Llicia in the West Indies, English law in the West Indies: law som e recent trends of the com mon law Introduction to sources and systems Caribbean tum of the 19th cenLaw alld society ill Barbados at the

I

ted in this pap er, have, in all areas of activity highligh contending their for atte mpt ed to offer some justification her comments furt e importance. However, ther e are som imum standmin a g idin stion of prov ensions of our to be mad e on the que dim nt orta imp t esen see as someI repr ch all s whi title an, The se in the Caribbe using the num- ard for law libraries them sify clas to I perceive we n. e atio wer sific and clas em, legal syst of a general law lost in a general thing coming out be all ld wou icularly part they as s me, arie sche libr the law bers in dard for our em - Surveys by a minimum stan syst al Leg formal 4 the KL2 her case neit this in have , s category important. Our law librarian coma with es. Indi them t ip Wes equ cotll1tly experience to cepts, may not at training nor the con ain in cert em n syst l give lega ies, the arch of hier ing The 3. understand ple, in the Moys prehensive, in-depth exam for by So, . dard ities stan e real som own for d our nee ect all refl operate. Hen ce the context of Allti-SlavClY which they r collecscheme, Slavery is confined to the people in particular can develop thei e thes h whic er und falls ch whi s, tion Rela laws, which falls und er Race measure gro\\1h. , Sources of Law falls tions and of the subSocial Law s and Services. Likewise s of my coverage of the com pon ents term In in ch whi ce, dell spm Juri tled l points I would und er a gen eral section enti em outlined earlier, ther e are a few fina syst Ref and s mal Jou g udin incl moving into the area s turn falls between the section like to make. The law librarian, on and eral Gen tled enti ion sect in effect be pushing erence Boo ks and ano ther of activity discussed in this pap er, will ects subj e thes k thin I , here anyw nda ries of knowledge. InComparative Law. If al the system towards newer bou Leg and ory Hist al tion stitu Con er assumptions that have would have fallen und variably, he/she will be challenging conn bee had that me sche a in the system. These acSystem, respectively, bee n mad e by othe r active grou ps in d. min in t men iron end part icul ar lyon financstru cted with our env the tivities are not the kind that dep be not may used ogy inol term or inistrative or bure auc rati c 4. The vocabulary ex- ing, nor do they dep end on adm For t. men iron env ar icul part tly upo n the time given, dedpref erre d one for our 'fun- decisions. They dep end mos or ts' righ an 'hum s term the er capability of the pers on ample, we may pref ts', ication, foresight, and intellectual righ l 'civi term the to s' dom free ld be useful if our law libdam enta l rights and we involved. In this respect, it wou and me, sche s Moy the in term d epth knowledge of the Cawhich is the pref erre 'inde- rarians could all gain some in-d for ' gnty erei 'sov e titut subs not ld imply that every law most certainly wou ribbean legal system. This nee d not s. auru thes x inde her in ears ough this would be pen den ce', as app librarian pursue a degree in law, alth ther possible way could be ch can one way of doing so. Ano whi sort this of ples exam e mor y The re are man seek to familiarize peo ple with Library through workshops which the but me, sche s Moy the to tion s - the legal con cep ts they have be given in rela gen eral the Caribbean jurisdiction r othe the is ch whi n, atio sific of Congress clas are uniq ue to each . e prob- in common and thos e that thes of e mor even s pose , here elopment of the scheme favoured With respect to the professional dev ning ourselves ope lems. to reas on that in relevance law librarian, it stands the h blis esta y ainl cert ples n exam The above munity we ope ourselves to a the con- to a wider academic com me, sche n atio sific clas own 's cal analysis of what we are doing of having one minute more varied form of criti ugh thro eved achi be only can ch struction of whi to achieve. This rarely fails to enl terminol- and of what we hop e lega the of ax synt and cs anti sem er, sometimes even when it takes scrutiny of the tic, and han ce a professional care ema syst ed, iplin disc as well a.s , ogy to be used

twy

Reception of law in the West Indies century. 171e TVest Indi an slave laws of the 18th

,i

methodology and the rigorous application of scientific tional or otherwise, by development of some system, nota d with the minimum which legal literature can be retr ieve , the scheme should of interference. In the final analysis l legal liter atur e in reflect the proper priority of the loca non -Ca ribb ean comrelation to the literatures of othe r offer som e insight mon law jurisdictions. It should also ces, com mon law or into the foreign legal primary sour part of our law. otherwise, which still form an extant ation scheme an In general, by reflecting in a classific app rop riat e to the orde r and method of organization shall be seeking to aclarger classification framework, we rese arch er, which in tivate the potential creativity of the as it is app lied to his turn will develop its own mom entu m essional practice. research, his teaching, and his prof


place only by way of detraction. It may be pertinent to note here that the kind of activities I have proposed have ramifications not only for people professionally associated with the law but also for historians, sociologists, linguists, etc. A developing legal system such as ours requires a higher order of law librarian. I find the following quotation on the Ethiopian experience instructive: As a basic resource .. , one needed, of course, a law library. Here again there were interesting problems in view of the diversity of Ethiopian law. But beyond that, it seemed that Ethiopia (and other Third World African countries) needed, on principle, both an 'interdisciplinary' and a comparative law-oriented library - if not in depth, at least in terms of basic materials dealing with the kinds of social phenomena which seemed relevant to a problem-centred approach to legal education - an approach which (in theory) was to emphasize comparalive socio-legal perspectives on legal development. For example, materials on land reform, or bureaucracies or political modernization were at least equally important as heavy French tomes on esoteric points of civil law. Unfortunately, this kind of library development requires professional skills of a high order, difficult to obtain, or retain, in the Ethiopian setting. (Paul, 1981)

posed to my own approach, which is primarily historical, the writer has obviously recognized the greater responsibility of the law librarian and the law library. I do not think this point can be made strongly enough, and I hope that in accepting this responsibility we do not fall prey to the fcars expressed by Professor Twining when he says: There appears to be a number of factors militating against experimentation and innovation; thinking about appropriate forms of expository literature, modes of production, classification, and so on is often very primitive or non-existent. Unthinking imitation is often, quite unnecessarily, the order of the day. A little ingenuity, a little enterprise, and some questioning of the suitability of existing works as models may lead to solution of some of the problems even within existing constraints. (Twining, 1981)

REFERENCES Datta and Farradane, p. 7. Moys, E. Moys' Classification Scheme for Law Books (Butterworth. 1968). Moys. E. Moys' Classification Scheme for Law Books (Butterworth, 1981) . Paul, J. 'Legal information and legal development: some reflections on the Ethiopian experience'. in: Twining and Uglow (eds.), Legal Literature in Small Jurisdictions (Commonwealth Secretariat, 1981). Ranganathan. Elsinore Conference on Classification. 1964. Twining, W. 'The concept of a national legal literature', in: Twining. W .. and Uglow. J. (eds.), ibid.

Even though the emphasis of thi~ writer is more on contemporary developments in the legal system, as op-

(':'!I1'bbeGIl /]1!:7la! of Legal TnfOl771Glioll

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Duplicates-Disposal Scheme 1982: No. 24 7, 8 (2c), 1983: Nos. 1-2, 3-6 (2c of each ), 30-32 , (2c) 14 9 (2c), 10, 11 (2c) , 13, 1984: Nos . 1-4, 6-8 1985: No. 1 (2c)

JAM AIC A

Acts

1978: Nos . 17-2 0,23 (3c), 26 : 3 cop ies 1979: Nos . 1-15, 17-2 3,35 -44 (NB 6) No. of of Nos. 1-5, 9-13 ; 5 cop ies 1982: Nos. 14-16,20-21 1983: Nos. 3-8 1984: No. 3 , 14-21 1985: Nos. 1-5, 6 (2c), 7-9, 10 (2c) (2c of each ) ) 1986: Nos. 1 (2c), 2, 3-4, (2c of each

Gaz ette

1986: No. 3

Gaz ette Ext raor dina ry 1978: Nos . 46A, 51A 0 (2c), 1984: Nos. 4A, 8,11, 15A, 18, 19,2 26, 26B, 27-28, 28A, 33 1985: Nos. 48A, 58A , 18A, 20 1986: Nos. 5B, 6A, 9, lOA, 11, 1SA

Stat utor y Inst rum ents 1982: No. 1538 1983: Nos. 762, 1106, 1112 s and Ord ers Rule y Stat utor 1971: No. 4 1979: Nos. 10, 19-2 7,29 -66, 68 1981: Nos. 27, 28 (2c), 29-33 1983: Nos. 15-1 9,23 -29 , 12-17, 1984: Nos. 3-6 (2c of each ), 7-11 9 18-19 (2c of each ), 27-28, 67-6 ies of 1985: Nos. 1-19 ,31- 33 (NB: 2 cop 8) No. of ies cop 3 Nos. 1,6, 9,10 , 18; O.E .C.S . SUP REM E CO UR T

ns, Rule s Gaz ette Sup plem ent (Pro clam atio Stat utor y Inst rum ents ) and Reg ulat ions 1985: No. 1 1981: Nos. 18A, 75B, (3c) 24B, 24E, 27 , 1982: Nos . 8A, 9C, 18, 21D, 23F, 50, 6, 34A , 35D , 37B, 39A -41A , 43-4 49, St CH RIS TOP HER and NEVIS 52-53 3,24 , (2c), 1983: Nos. 4C, 5C-16, 18A, 19,2 1982: Nos. 1-2 Acts 38A, 43, 2, 31-3 , (2c) l 25,2 7, 30A, 30A 7, 19, n 1983: Nos. 1-11 (2c of each ), 16-1 , 58, 431A, (2c), 46-48, 51A, 57, 57B (2c) 1984: No. 11 59 (3c) , 6DB, 62, 67, 73 (2c), 75 1985: Nos. 1-4, 6-7, 9-11 ,13 , 15B 13, , 1984: Nos. lA, 2 (2c), 8, HA , 12B 22- 23,2 6,26 B,3 0,61 38,4 1-42 ,45, 53,6 2, 5A2, 5C, Gaz ette 1983: Nos. 25,2 9-31 ,331985: Nos. 1, 3, 3A, 3B, 4-5, SAl , 67, 72 25B l, 5D, 6A, 6B, 6C, 6D, 7-8, 16, 23A, 1984: Nos. 2, 19, 38-39 311A, 312A, 313A, 33A1, 63 24,2 6-30 ,32 1985: Nos. 1-5, 7-8, 11,1 3-18 ,23MO NTS ERR AT Gaz ette

,i v

1983: No. 12 1984: Nos. 1,3 (2c), 5,6 (2c), 8 ), 11, 13 1985: Nos. 1-2, 8,9- 10 (2c of each

Ord inan ces 1979: Nos. 4-35 12-16 1981: Nos. 5-6, 7-11 (2c of each ),

Stat utor y Rul es and Ord ers 1984: Nos. 13-15, 17-2 0,23 ,28, 30 ,24- 25,2 7-30 1985: Nos. 1-6, 8, 10-16, 18-1 9,21 St KIT fS-N EVI S-A NG UIL LA

Acts

1971: Nos. 1, 3-19, 21-28 1976: Nos. 3-40


Gazette

7 (4c), 8-12 (3c of each), 13 (4c), 14-16 (3c of each), 17-18 (2c of each), 19 (3c), 20-21

1977: Nos. 1 (2c), 2 1977: Nos. 30-35

Statutory Rules and Order~ 1968: Nos. 1-48 1980: No. 43

TRINIDAD and TOBAGO Acts

StLUCIA Acts

1983: Nos. 1-7 (2c of each), 9-14,15-24 (2c of each) 1985: Nos. 13-19

Gazette

1983: Nos. 12-13, 16-20,50-55,56 (2c), 59, 61-65, 67-72 1984: No. 19

Statutory Instruments 1983: Nos. 8-17 (2c of each), 18-19,20 (2c), 38-47,53-56,57-67 (2c of each), 68-76 1985: Nos. 77-93 Statutory Rules and Orders 1977: Nos. 209,12-15,17-19,21-27,31,32, 34-38,40-47,50-53

St VINCENT and THE GRENADINES Acts

.1

1979: Nos. 1981: Nos. 1983: Nos. 26-43 1984: Nos. 1985: Nos.

27-30 10-13 1-11 (2c of each), 24, 25 (2c), 1-3 (3c of each), 5-11 (3c of each) 1-6 (3c of each), 7-18 (4c of each)

Government Gazette 1984: Nos. 12-22 (3c of each), 24-32 (3c of each), 33-34, 35 (3c) 1985: Nos. 39-57 1986: No.1 Statutory Instruments 1982: No. 210 1985: Nos. 1 (2c), 2-21 Statntory Rules and Orders 1977: Nos. 1,21-44 1979: Nos. 46-59, 59A, 60-67 1980: Nos. 1-3 1981: Nos. 22, 24,26-28,32-35,37-38 1983: Nos. 1-4 (2c of each), 24-42 1984: Nos. 1-4,5 (2c), 6-13 (2c of each), 14-19 (4c of each), 20-21 (Sc of each), 22 (4c) 1985: Nos. 1 (2c), 2-5 (2c of each), 6 (4c),

1976: No.4 1983: Nos. 3-10, 11-12 (2c of each), 13, 15-16, 18-20 (2c of each), 21-23 1984: Nos. 1-2 (2c of each), 3-7, 8-10 (2c of each), 11, 12-13 (2c of each), 14-20, 22-27,28-29 (2c of each) 1985: Nos. 1-5,6 (2c), 7-12,13 (2c), 14-23, 25,27-30,31 (2c), 33-40 (2c of each)

Gazette

1980: Nos. 39-111,113-134,136-146,176,178, 180,186,190-210,213,218-219,222, 231-234,236-246,279-283,285,300-311, 314,322-330,332,338-348 1982: Nos. 253, 256-264 1983: Nos. 1-4,49,60-84,86,88-93,95-119, 120 (3c), 121-127, 128 (3c), 130-153, 155, 167-172,173 (2c), 174,222 (2c), 300-317 (2c of each), 318-319-326 (2c of each) 1984: Nos. 1-39,40-49 (2c of each), 51 (2c), 52,53-54 (2c of each), 55 (2c), 56-65 (2c of each), 66, 67-88 (2c of each), 89, 90-96 (2c of each), 97, 98-104 (2c of each), 105, 106-108 (2c of each), 109-127, 129-131, 133-140,142-145,147-155,157-161, 163-167, 169-170, 172-316,319-349 1985: Nos. 1-259,261-287 (3c of each), 288-290, 291-292 (2c of each), 293-322, 324-330, 335,339-349,351-358,360-361 Legal Notices 1973: Nos. 10, 138 1982: Nbs. 128-138, 150-152 1983: Nos. 3,19-21,36-42,48-70,74-87, 89-93 (2c of each), 94-98, 99-100 (2c of each), 101, 124-136,142-146,151-162, 163-180 (2c of each), 181-184, 185-188 (2c of each), 189-193 1984: Nos. 3-12 (2c of each), 13-22, 145-163, 165-] 194-195 (2c of each) 1985: Nos. 150-162 (2c of each), 163-175, 176-184 (2c of each), 185 (2c), 187 (2c), 195 (2c), 198-200 (2c of each), 203 (2c)

TURKS and CAICOS ISLANDS Gazette

1983: Nos. 36, 55

Carihbean JOllmal of Legal ["fonnation - 25


WEST INDIES ASSOCIATED STATES SUPRE ME COURT ~':U;;U tory

Instrum ents

1977: No.1 1978: No.1 (3c)

"

'I

./

.,,' (): l,f,'-

Persons interest ed in acquiring any materia l listed above should contact Mrs. Yvonne Lawren ce, Suprem e Court Library, P.O. Box 491, Kingston, Jamaic a.


Caribbean Legal Miscellanea: it. Bibliography ANTIGUA & BARBUDA - LAW - INDEXES Consolidated index of statutes and subsidiary legislation to 1st January 1986. Compiled ... (by Sir Clifford

Hammett). Cave Hill, Barbados: University of the West Indies, Faculty of Law Library, 1986. 95 pp.

CONSTITUTIONAL LAW

Barnett, Lloyd G. Constitutional interpretation: judicial techniques and counsel's tools. Paper presented at the Programme of Continuing Legal Education held at the Norman Manley Law School on 6 June 1987. 10 pp.

BANKS AND BANKING - CAYMAN ISLANDS

Smith, Grace A. Bank secrecy in the Cayman Islands. 1986 West Indian Law}oumal, Vol. 10, No.1, pp. 114-126. BARBADOS - LAW STATUTES - ETC. Labour legislation in Barbados. Barbados: Government Printing Department, 1987. 2 vols. BRITISH VIRGIN ISLANDS - LAW - INDEXES Consolidated index of statutes and subsidiary legislation to 1st January 1986. Compiled ... (by Sir Clifford

Hammett). Cave Hill, Barbados: University of the West Indies, Faculty of Law Library, 1986. 71 pp. CARIBBEAN AREA - LAW

Marshall, Bernard. Law, social engineering and social and cultural pluralism in the British Windward Islands during slavery. Cave Hill, Barbados, 1986. 170 pp. CAYMAN ISLANDS - LAW - INDEXES Consolidated index of statutes and subsidiary,legislation to 1st January 1986. Compiled ... (by Sir Clifford Hammett). Cave Hill, Barbados: University of the West Indies, Faculty of Law Library, 1986. 72 pp. CML RIGHTS - GUYANA Shahabuddeen, M. Long through the night: two speeches on the human condition in southem Africa and colonial Guyana. Georgetown, Guyana: Mini-

stry of Information, 1986. 26 pp. COMPUTERS

Walker, Ian. Should computer programs be patentable? Computer technology and Caribbean courts. 1986 West Indian Law/oumal, Vol. 10, No.1, pp. 104-113.

CORPORATION LAW

Robinson, Patrick L. The fear of and insistence on a reference to international law in the United Nations Code of Conduct on Transnational Corporations. 1986 West Indian Law Joumal, VallO, No.2, pp. 5978. CRIME AND CRIMINALS Chuck, Delroy. A public lecture on the politics of crime. 1986 West Indian Law/oumal, Vol. 10, No.2,

pp.79-92. CULTURAL PLURALISM - CARIBBEAN AREA

Marshall, Bernard. Law, social engineering and social and cultural pluralism in the British Windward Islands during slavery. Cave Hill, Barbados, 1986. 170 pp. ENVIRONMENTAL LAW - BIBLIOGRAPHY

Moss, Sylvia G. Books and pedodicals on environmental law held in the Faculty of Law Library, University of the West Indies. Cave Hill, Barbados: Faculty of Law Library, 1986. 68 pp. EVIDENCE

Cooke, Howard. Possession: unlawful and illegal procedure, practice and evidence. Paper presented at the Programme of Continuing Legal Education held at the Norman Manley Law School, June 1987. Small, Richard. Confronting a witness: some working points. 1986 West Indian Law/oumal, Vol. 10, No. 2, pp. 107-118. Smith, K.G. Identification: evidence and procedure. Paper presented at the Programme of Continuing Legal Education held at the Norman Manley Law School 20 June 1987.

COlib;)[c I journal of Legal Infomwli:-m -- 27


The Caribbean Law Librarian Vol. 4 No. 2 Nov. 1987