R v Dudley and Stephens: Degeneration, the Christian Mindset and Judicial Reasoning

Abstract

This article examines how Lord Coleridge's Victorian experiences and Christian mindset played a prominent and persuasive role in the formulation of his judgment in R v Dudley and Stephens. Notwithstanding efforts to act impartially and objectively, we are all beholden, often unconsciously, to the biases and beliefs permeating the society in which we live. Coleridge was no exception, being a composite of influences: family and educational backgrounds, religious beliefs, personal encounters and societal norms. These prejudices sharpen into focus with the benefit of distant hindsight. An associated challenge is the present difficulty faced when interpreting old judgments in which allusions are made to concepts that no longer resonate in the modern world. Finally, we are left to ponder our own predicament: what are the biases that present-day jurists unconsciously possess, how do they influence the formulation of judgments and how will they be understood in a future age?