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Sir William Garrow: His Life, Times and Fight for Justice
Sir William Garrow was born in Middlesex, England in 1760. He was called to the legal profession in 1783. He became the dominant figure at Old Bailey - London's Central Criminal Court - from 1783 to 1793. Later on, he was a Member of Parliament, a Solicitor-General, an Attorney-General, and, finally, a judge and a lawmaker within the English Common Law Tradition. With this book, as well as the BBC TV drama series Garrow's Law, many will be made aware of Sir William Garrow and his 'gifts to the world,' as the originator the modern-day presumption of innocence, the right to universal legal representation and access to justice in a criminal court, expert cross examination, and early traces of human rights (among other things). Sir William His Life, Times and Fight for Justice will be invaluable to anyone wishing to understand the development of the criminal trial and wanting to learn about legal history in the making.
- GenresBiographyNonfiction
270 pages, Hardcover
First published November 30, 2009
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Displaying 1 - 8 of 8 reviews
January 2, 2010
THE REDISCOVERED LOST ADVOCATE
An appreciation by Phillip Taylor MBE
As Geoffrey Robertson QC points out in the foreword to this now wildly popular biography of the lost advocate from Waterside Press - following the recent television series - William Garrow was the first great cross examiner at the English Bar who ‘truly can be said to have revolutionized the practice of criminal law’.
Before Garrow, (an advocate at an earlier incarnation of the “Old Bailey” for 10 years from 1783), the supposedly admirable edifice of English law which had evolved over several centuries, was deeply flawed. When Garrow began his practice, those charged with capital felony “could not be represented by counsel” – a state of affairs that would be deemed unimaginably appalling today.
Even while this ancient anomaly was breaking down, counsel were still not allowed to address the jury on the prisoner’s behalf. Garrow, almost singlehandedly we surmise, with his trenchant and aggressive adversarial skills, persuaded juries to acquit his often hapless clients, winning battles for them against unscrupulous bounty hunters whose income derived mainly from the blood money they ‘earned’ in accusing the innocent of crimes.
The authors’ stated purpose in the publication of this biography is ‘to introduce the reader to the life of a remarkable man in the context of his time and family…and secondly to present him as the criminal lawyer who led the way in altering the whole relationship between the state and the individual by his role in the revolutionary introduction of adversary trial.’
Garrow helped revolutionise criminal trial procedure – a process of which he, and certainly his contemporaries, were only dimly aware, but which would lead inevitably to reinforcing and extending the principles of justice and fair treatment which are at the heart of current human rights legislation. As the authors have observed, “adversariality”, ‘with its lasting impact on worldwide jurisprudence has been ‘a contributing factor in the establishment of a culture of human rights’.
So, even if you’ve seen the excellent TV series, do read this 170 page book anyway and immerse yourself in the wealth of factual information and comment in the 17 chapters which will give you breadth to the birth of modern advocacy. Much of the information in the 3 appendices sources at the back has been gleaned from original documents, many quoted verbatim and there is an excellent timeline which gives biographical perspective.
Also, there are startling insights into Garrow’s family life and any number of references made to the social and political issues of the time in which he was involved and the injustices against which he fought, from slavery to animal cruelty.
Following his ten year career as a young barrister of note, Garrow became a Member of Parliament and later Solicitor General, Attorney General, judge and lawmaker. As Attorney General, it was Garrow who had overall responsibility for the trial and conviction in 1817 of John Hannay, a slave trader, after the passage of the Slave Trade Abolition Act of 1807. Following the efforts of William Wilberforce and others to secure such a law, ‘we must conclude’, say the authors, ‘that it was finally implemented by William Garrow.’
John Hostettler and Richard Braby (a direct descendent of Garrow) have written a blockbuster of a book, avidly perused not just by the legal fraternity, but by the general public. We now wait expectantly and anxiously for the next TV series as this rediscovered lost advocate is now, rightly, a distinguished 21st century star, two hundred years on, and we are the better for it as the advocacy of the past is unveiled.
ISBN: 978-904380-55-9
An appreciation by Phillip Taylor MBE
As Geoffrey Robertson QC points out in the foreword to this now wildly popular biography of the lost advocate from Waterside Press - following the recent television series - William Garrow was the first great cross examiner at the English Bar who ‘truly can be said to have revolutionized the practice of criminal law’.
Before Garrow, (an advocate at an earlier incarnation of the “Old Bailey” for 10 years from 1783), the supposedly admirable edifice of English law which had evolved over several centuries, was deeply flawed. When Garrow began his practice, those charged with capital felony “could not be represented by counsel” – a state of affairs that would be deemed unimaginably appalling today.
Even while this ancient anomaly was breaking down, counsel were still not allowed to address the jury on the prisoner’s behalf. Garrow, almost singlehandedly we surmise, with his trenchant and aggressive adversarial skills, persuaded juries to acquit his often hapless clients, winning battles for them against unscrupulous bounty hunters whose income derived mainly from the blood money they ‘earned’ in accusing the innocent of crimes.
The authors’ stated purpose in the publication of this biography is ‘to introduce the reader to the life of a remarkable man in the context of his time and family…and secondly to present him as the criminal lawyer who led the way in altering the whole relationship between the state and the individual by his role in the revolutionary introduction of adversary trial.’
Garrow helped revolutionise criminal trial procedure – a process of which he, and certainly his contemporaries, were only dimly aware, but which would lead inevitably to reinforcing and extending the principles of justice and fair treatment which are at the heart of current human rights legislation. As the authors have observed, “adversariality”, ‘with its lasting impact on worldwide jurisprudence has been ‘a contributing factor in the establishment of a culture of human rights’.
So, even if you’ve seen the excellent TV series, do read this 170 page book anyway and immerse yourself in the wealth of factual information and comment in the 17 chapters which will give you breadth to the birth of modern advocacy. Much of the information in the 3 appendices sources at the back has been gleaned from original documents, many quoted verbatim and there is an excellent timeline which gives biographical perspective.
Also, there are startling insights into Garrow’s family life and any number of references made to the social and political issues of the time in which he was involved and the injustices against which he fought, from slavery to animal cruelty.
Following his ten year career as a young barrister of note, Garrow became a Member of Parliament and later Solicitor General, Attorney General, judge and lawmaker. As Attorney General, it was Garrow who had overall responsibility for the trial and conviction in 1817 of John Hannay, a slave trader, after the passage of the Slave Trade Abolition Act of 1807. Following the efforts of William Wilberforce and others to secure such a law, ‘we must conclude’, say the authors, ‘that it was finally implemented by William Garrow.’
John Hostettler and Richard Braby (a direct descendent of Garrow) have written a blockbuster of a book, avidly perused not just by the legal fraternity, but by the general public. We now wait expectantly and anxiously for the next TV series as this rediscovered lost advocate is now, rightly, a distinguished 21st century star, two hundred years on, and we are the better for it as the advocacy of the past is unveiled.
ISBN: 978-904380-55-9
March 8, 2013
This is a difficult book to review because it doesn't follow the normal pattern for a biography. I was interested in finding out more about William Garrow after watching the Garrow's Law series. The book clarifies what was fiction and what was true about the man as far as the TV series went, but finding the real person was still a pretty murky business.
What I do know now, is that William Garrow was a pivotal figure in adversarial defense procedures in our country and many other countries today. If it is impossible to know the man and his motives, then at least everyone should know how much difference there is in the practice of criminal law now and when Garrow started his practice in the the late 1700's and that he is responsible in great part for those changes.
The geneaology portions of the book turned out to have unexpected and interesting details. For one thing, it appears there were a lot of relationships that were irregular. Cousins seemed to marry each other frequently, but there were often no children making me think that these were marriages of convenience and fortune. It was not uncommon for men to have households in other countries and provide for these families in wills as well as their English families. And, it seems that women that were provided for with inherited money, tended not to marry.
The book is heavily footnoted and I assume well researched. I recommend it as an introduction to an important historical figure and his influence on what we feel are human rights today.
What I do know now, is that William Garrow was a pivotal figure in adversarial defense procedures in our country and many other countries today. If it is impossible to know the man and his motives, then at least everyone should know how much difference there is in the practice of criminal law now and when Garrow started his practice in the the late 1700's and that he is responsible in great part for those changes.
The geneaology portions of the book turned out to have unexpected and interesting details. For one thing, it appears there were a lot of relationships that were irregular. Cousins seemed to marry each other frequently, but there were often no children making me think that these were marriages of convenience and fortune. It was not uncommon for men to have households in other countries and provide for these families in wills as well as their English families. And, it seems that women that were provided for with inherited money, tended not to marry.
The book is heavily footnoted and I assume well researched. I recommend it as an introduction to an important historical figure and his influence on what we feel are human rights today.
October 1, 2018
3 - 3.5 stars
After seeing the 2009 BBC series "Garrow's Law," I was interested in learning more about the real historical figure. However, information on William Garrow himself seems to be in short supply; this was the only biography on him I could find! For someone who made such an impact on reshaping the court of law to grant counsel to the defense, have people considered innocent until proven guilty, and to shift from a judge-ruled to a lawyer-ruled court, etc, he has been almost completely forgotten by history. Until now, at least. It's hard to make a real study of who William Garrow was outside the realm of law, especially his relationship with Lady Sarah (who in real life had been a mistress of Sir Arthur Hill, not his wife, but that would have made for far less drama in the TV show.) But the speeches or parts of speeches that are quoted here show a definite elegance and wit.
This biography is laid out a little differently than others that I have read. Rather than proceeding chronologically through Garrow's life, it takes a more topical track. Each chapter covers a different aspect of his life such as the places he lived, his extended family, the details of his will, and so on. It makes it a little harder to keep the timeline of events straight, but there is one in the appendix of the book that helps. The book is good and informative, but a little unorthodox... rather like its subject.
After seeing the 2009 BBC series "Garrow's Law," I was interested in learning more about the real historical figure. However, information on William Garrow himself seems to be in short supply; this was the only biography on him I could find! For someone who made such an impact on reshaping the court of law to grant counsel to the defense, have people considered innocent until proven guilty, and to shift from a judge-ruled to a lawyer-ruled court, etc, he has been almost completely forgotten by history. Until now, at least. It's hard to make a real study of who William Garrow was outside the realm of law, especially his relationship with Lady Sarah (who in real life had been a mistress of Sir Arthur Hill, not his wife, but that would have made for far less drama in the TV show.) But the speeches or parts of speeches that are quoted here show a definite elegance and wit.
This biography is laid out a little differently than others that I have read. Rather than proceeding chronologically through Garrow's life, it takes a more topical track. Each chapter covers a different aspect of his life such as the places he lived, his extended family, the details of his will, and so on. It makes it a little harder to keep the timeline of events straight, but there is one in the appendix of the book that helps. The book is good and informative, but a little unorthodox... rather like its subject.
September 2, 2026
Too presentist for me, which I think is typical for English legal history.
Want to Read
May 14, 2013The true-crime tag indicates: 1) the trial cases by this lawyer, 2) the flagrant injustice in the law books of late 18th century England, 3) the barbarism of some punishments such as burning the guilty, and not least 4) tights and wigs and powder that not just court officers, but everyday men wore, aAAAck!
"Garrow's Law" is a BBC Period Drama-Biography of his Old Bailey years from 1784-1794.
A quote from this series, "What kind of ... foul swamp is this in which i live and make my living?
I cannot decipher which half of it is worse. The endless monstrous crimes of men ... or the many barbarous ways by which we punish them? For little more than the theft of a penny, we flog, brand, burn, main, and jail them, or dispatch them to godforsaken lands ...
hang a boy... a boy of only 12."
-----
A glimpse of English women's social standing circa 1790: a wife is legally her husband's property; and a man's dalliance with "whores, maids (meaning domestic help) and actresses" did not constitute adultery.
It was an era of great wealth gap. English people with disreputable social standing had the option to flee to France, and to live economically in anonymity.
<-- I should learn more of French history around that time
"Garrow's Law" is a BBC Period Drama-Biography of his Old Bailey years from 1784-1794.
A quote from this series, "What kind of ... foul swamp is this in which i live and make my living?
I cannot decipher which half of it is worse. The endless monstrous crimes of men ... or the many barbarous ways by which we punish them? For little more than the theft of a penny, we flog, brand, burn, main, and jail them, or dispatch them to godforsaken lands ...
hang a boy... a boy of only 12."
-----
A glimpse of English women's social standing circa 1790: a wife is legally her husband's property; and a man's dalliance with "whores, maids (meaning domestic help) and actresses" did not constitute adultery.
It was an era of great wealth gap. English people with disreputable social standing had the option to flee to France, and to live economically in anonymity.
<-- I should learn more of French history around that time
September 22, 2013
Fascinating story of a pioneer of adversarial law. As this was the time of the so called bloody laws in England - when over 200 crimes carried the sentence of death - it is a time that most jurists would prefer to forget. The genealogical parts of the book are necessary in order for more information about this critical time to come to light. As seems clear from the book, people at the time were hardly aware of the transformations taking place. Even in hindsight historians have tended to praise the Victorians for the reforms although they could not point to how they came about. I hope there will one day be a more complete biography as more research is done and more information is uncovered. Perhaps we should not be averting our eyes to the injustices of our system today where advocacy often has little influence because of required sentences, 3 times your out laws and fears of youth crime. Justice should always be tempered with mercy. And our prisons are full of non-violent offenders and persons convicted by jail-house snitches or the guilty trying to make deals.
December 4, 2009
A must-read for anyone who wants to know more about William Garrow, the pioneering 18th century English barrister who raised the rigorous cross-examination of prosecution witnesses to an art form, paving the way for the modern adversarial system as practised in the United Kingdom and its former colonies, including the US.
Read it alongside a viewing of the wonderful BBC TV series Garrow's Law (aired Nov 2009 in UK), http://www.amazon.co.uk/Garrows-Law-D... a dramatisation based on Garrow's life and legal exploits.
Read it alongside a viewing of the wonderful BBC TV series Garrow's Law (aired Nov 2009 in UK), http://www.amazon.co.uk/Garrows-Law-D... a dramatisation based on Garrow's life and legal exploits.
August 4, 2011
Interesting account of this Judge whose methods assisted changes in the legal system. A little repetative, and the genealogies were too long and needed to be in the appendicies. Thats the legal system for you, doubling the output !
Displaying 1 - 8 of 8 reviews