THE CONDITION OF the law attracts the attention of a number of parties, and arouses their passions in different ways. If we permit some caricature, the judge charged with applying the law complains about the difficult state of the law which makes the judicial role so burdensome, but considers that only the judicial mind, honed by practical experience, is capable of dealing effectively with the complexities faced in the law. The orthodox academic commentator bemoans the incoherent state of the law, to which unreflective judicial responses have made a major contribution, and considers that only a rigorous application of rational principle can redeem the law
