Abstract

If a bishop were preaching on the duties of an English judge or arbitrator he might take as his text the Epistle of St James, Chapter 1, verse 19: Each of you must be quick to listen, slow to speak, and slow to be angry. For a man’s anger cannot promote the justice of God. In broad outline those duties of a judicial person in England apply equally to judges both in civil and criminal trials, and to arbitrators. In particular, I see no ground for drawing any distinction between the conduct of a judge in the trial of a civil action, and that of magistrates at a criminal trial or of arbitrators at the hearing of a reference. Arbitrators have rather greater freedom to act on their own knowledge and expertise; and the degree of formality or dignity required is less in a civil dispute than at a criminal...

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