What do you think?
Rate this book
Watching Out: reflections on justice and injustice
‘When put to the test, most people have difficulty identifying what justice is, especially when there is tension between proper process and a desired result. Due process is inherent in our conception of justice. But bad process can yield the right result, just as good process can produce the wrong result. The legal system is designed to produce justice. We call it the justice system — sometimes un-selfconsciously, sometimes with bitter irony. It is designed to produce justice according to law. Whether it achieves that goal is not the subject of general agreement.’
In Watching Out, a successor volume to his best-selling Watching Brief, noted barrister and human-rights advocate Julian Burnside explains the origins of our legal system, looks at the way it operates in practice, and points out ways in which it does and doesn’t run true to its ultimate purposes.
He examines fundamental legal principles, such as the presumption of innocence, explains why good barristers defend bad people, and sets out legal remedies for wrongs done to individuals and groups.
The law’s reach is immense, and so is the territory this book covers. Legal aid, class actions, assisted dying, counter-terrorism, unjust verdicts, and the treatment of asylum-seekers are some of the contentious subjects dealt with here. There is also a compelling chapter on the plight of people who are bereft of legal remedies, living on the margins of society, and shocking examples of hate mail that Burnside’s defence of refugees has provoked.
Rich with fascinating case studies, and eloquent in its defence of civil society, Watching Out is a beacon of legal liberalism in an intemperate age.
In Watching Out, a successor volume to his best-selling Watching Brief, noted barrister and human-rights advocate Julian Burnside explains the origins of our legal system, looks at the way it operates in practice, and points out ways in which it does and doesn’t run true to its ultimate purposes.
He examines fundamental legal principles, such as the presumption of innocence, explains why good barristers defend bad people, and sets out legal remedies for wrongs done to individuals and groups.
The law’s reach is immense, and so is the territory this book covers. Legal aid, class actions, assisted dying, counter-terrorism, unjust verdicts, and the treatment of asylum-seekers are some of the contentious subjects dealt with here. There is also a compelling chapter on the plight of people who are bereft of legal remedies, living on the margins of society, and shocking examples of hate mail that Burnside’s defence of refugees has provoked.
Rich with fascinating case studies, and eloquent in its defence of civil society, Watching Out is a beacon of legal liberalism in an intemperate age.
- GenresNonfictionLaw
234 pages, Kindle Edition
Published July 31, 2017
6 people are currently reading
106 people want to read
Ratings & Reviews
Friends & Following
Create a free account to discover what your friends think of this book!
Community Reviews
Displaying 1 - 7 of 7 reviews
December 13, 2024
3.5 stars
Finished while waiting for tram home after a work karaoke event. Pages lit up by an LED billboard for a strip club towed on the back of a car. Bit of a disconnect with the subject matter, but it is what it is.
A well-written, if a little self-indulgent (Burnside fills the pages with great stories and anecdotes from his career, most of which involve him acting for the winning party) rumination on many of the problems facing the Australian justice system. He articulately describes the issues and how they came to pass. Makes a compelling case for a bill of rights. Shame it is unlikely to happen.
Finished while waiting for tram home after a work karaoke event. Pages lit up by an LED billboard for a strip club towed on the back of a car. Bit of a disconnect with the subject matter, but it is what it is.
A well-written, if a little self-indulgent (Burnside fills the pages with great stories and anecdotes from his career, most of which involve him acting for the winning party) rumination on many of the problems facing the Australian justice system. He articulately describes the issues and how they came to pass. Makes a compelling case for a bill of rights. Shame it is unlikely to happen.
March 16, 2018
I really enjoyed reading Julian Burnside's many wonderful quotes. For example,
[Clarence Darrow] once said 'As long as the world shall last there will be wrongs, and if no man objected and no man rebelled, those wrongs would last forever.' p. 9
In The Quiet Revolution, Cairns wrote: ... Injustice must not be tolerated in the smallest of cases or it grows and becomes a way of life. The strength of the collective, the union, the party, the State or the nation is of importance, but unless injustice to the individual is resisted, the collective can become a sordid prison. p. 109
One of Burnside's main concerns is Australia's treatment of refugees and he covers this topic in great detail.
[Clarence Darrow] once said 'As long as the world shall last there will be wrongs, and if no man objected and no man rebelled, those wrongs would last forever.' p. 9
In The Quiet Revolution, Cairns wrote: ... Injustice must not be tolerated in the smallest of cases or it grows and becomes a way of life. The strength of the collective, the union, the party, the State or the nation is of importance, but unless injustice to the individual is resisted, the collective can become a sordid prison. p. 109
One of Burnside's main concerns is Australia's treatment of refugees and he covers this topic in great detail.
June 15, 2022
Interesting little read.
December 1, 2017
First off, this was a great book and I really learned a great deal about my country particularly in terms of our current political climate. As an Australian I really appreciated the (albeit meagre 8 page) coverage on the Stolen Generation. In this chapter Julian discussed obviously the stolen generation, but he drew on a man named Bruce Trevorrow who was separated from his family and as a result of that went on to develop a lot of different issues ranging from alcohol abuse to mental health issues. What I enjoyed though about the story of Bruce Trevorrow is that was extremely resilient and his resilience was well-rewarded. I think it was said that for the trials and tribulations Bruce faced the courts awarded him $800,000 in compensation which is just fantastic.
Burnside finishes the book in a chapter titled "What is to be done?" he discusses the political climate, fleshing out what he thinks needs to be done, proposing various solutions. The point that I think a lot of people agree upon, and that Burnside raises is that a lot of politicians in Australia are motivated by power. He says: "it is hard to avoid the conclusion that most (not all) of our federal parliamentarians are motivated more by a desire to gain and hold power than by a desire to pursue and implement policies to which they have a genuine philosophical attachment". Speaking for myself, I could not agree more. I really enjoyed this part of the book, not being a terribly politically-oriented person this really encouraged me to think a lot about Australian politics.
Another key theme explored in Watching Out is access to justice. Burnside explains just how difficult it is for most people to access justice that is affordable. He regards community legal centers as unsung heroes for the work that they do and says that they are underfunded.
Overall, this is a great book and I thoroughly enjoyed it.
Burnside finishes the book in a chapter titled "What is to be done?" he discusses the political climate, fleshing out what he thinks needs to be done, proposing various solutions. The point that I think a lot of people agree upon, and that Burnside raises is that a lot of politicians in Australia are motivated by power. He says: "it is hard to avoid the conclusion that most (not all) of our federal parliamentarians are motivated more by a desire to gain and hold power than by a desire to pursue and implement policies to which they have a genuine philosophical attachment". Speaking for myself, I could not agree more. I really enjoyed this part of the book, not being a terribly politically-oriented person this really encouraged me to think a lot about Australian politics.
Another key theme explored in Watching Out is access to justice. Burnside explains just how difficult it is for most people to access justice that is affordable. He regards community legal centers as unsung heroes for the work that they do and says that they are underfunded.
Overall, this is a great book and I thoroughly enjoyed it.
January 4, 2018
Really worthwhile reading. Clearly written without talking down to the reader. I found the sections on bail and the stolen generation particularly thought provoking
March 16, 2019
I have heard judges being threatened to death when I was in law school. I heard prosecutors were stabbed and killed by unscrupulous ppl. So, law professionals being attacked verbally is kind of normal? You can’t sue them libel or defamation, even though you know exactly how technically to sue them. For the real devoted legal professionals, you know how to tolerate the ‘white-nose’ or ‘trash-talking’ of a different viewer. The authors opinions are not interested by me, but his gesture to the rancour — learned my lesson. I definitely need to adapt to it!
Read
May 11, 2018Barrister and human-rights advocate Julian Burnside achieves the near impossible in this study – he makes the law sound interesting.
Steven Carroll, The Saturday Age
As we look up from the political abyss in these appalling times, Burnside is a glowing light on a distant hill. His writing is lucid, poignant, powerful. He distinguishes between law and justice, urging us to be both compassionate and analytical, collecting evidence, making rational conclusions, acting on them courageously, and telling truth to power. Watching Out challenges us all.
Barry Jones
If you’ve ever wondered why lawyers are compelled to defend the indefensible, or the difference between a solicitor, barrister and QC, this is the book for you. It is a fascinating account of the justice system brought to life by many rich case studies.
The Echo
Steven Carroll, The Saturday Age
As we look up from the political abyss in these appalling times, Burnside is a glowing light on a distant hill. His writing is lucid, poignant, powerful. He distinguishes between law and justice, urging us to be both compassionate and analytical, collecting evidence, making rational conclusions, acting on them courageously, and telling truth to power. Watching Out challenges us all.
Barry Jones
If you’ve ever wondered why lawyers are compelled to defend the indefensible, or the difference between a solicitor, barrister and QC, this is the book for you. It is a fascinating account of the justice system brought to life by many rich case studies.
The Echo
Displaying 1 - 7 of 7 reviews