Abstract

persons or persons with 'protected interests.' Nor does it involve a lot of ad hoc reasoning whenever new factual situations are confronted. Nor does it involve a denial that policy is at the root of all decisions in this area, no matter what language is used to disguise this fact. On the contrary, what this analysis of Marc Rich does do is emphasise that no matter how much judges and others may make protestations to the contrary, they cannot help but give effect to a more or less consistent policy in which theyalbeit perhaps subconsciously-strongly believe. And so it should be, for if no consistent patterns of judicial behaviour were there to be discovered, how could lawyers ever hope to advise their clients more accurately than could be done by the lay passengers on the Clapham omnibus?

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