The Gazette 1994

GAZETTE

APRIL 1994

and also have an instinct for communicating lawfully.

j

Doctor Hall's ability cuts the judgment on freedom of expression through to the expressions of opinion which he judiciously selects from the apparent legal reasoning. These are shown to underlie a court's decision and to be far more important than the strength of the logic that might construct an argument. Of all the cases that a person might take to law a libel action is, on experience, by far the easiest to lose. The defence inherent in it of "fair comment" on a matter of public interest means merely that the statement is a comment that relates to an issue of public interest. If the public suddenly becomes interested in us then people are free to give whatever opinion about us they may. We again have Doctor Cruise O'Brien to thank for the Broadcasting Complaints Commission. Its powers and functions are explained here and the leading cases give a guide to possible reactions to their censure. Nonetheless, RTE continues to be proud of tendentious broadcasts on the Tallaght Two and the neurosurgery unit in Beaumont Hospital. More firmly attached than ever to the European land mass, Ireland is now substantially regulated from without. Eamonn Hall explains the historical context and the tensions inherent in a conservative country being pulled by a continental legal system more used both to the idea of leaving the individual alone and to the notion that laws should only be passed or remain in force when someone has an idea of enforcing them. So a television monopoly is justified under the Treaty of Rome as a legitimate expression of national interest provided it does not infringe freedom of movement for goods and services and does not amount to unfair competition. Of more relevance, those goods and services can include the advertising of legal services available in other Community States, but illegal here, such as euthanasia in Holland. The notion that freedom of expression cannot be a contempt of court on an issue of public importance allowed, according to O'Hanlon J, a swingeing attack on a litigant for merely commencing judicial review proceedings on the question of the Telecom Eireann site in Ballsbridge. Some people know how to communicate

The title of the Rathmines Style Book is, in my opinion, misleading, because I do not believe that style can be learned. It might more properly be called the "Rathmines Guide to Correct Usage" since it sets out in its 90 pages guidelines outlining the correct forms of English usage and highlighting the most common grammatical errors and misuse of words that occur. The author, David Rice, lectures in the Rathmines School of Journalism which, over the years, was the training ground for some of the more respected journalists in the country. Though the style book is intended principally for students of journalism, to inculcate good habits before they commence their careers in the media newsrooms, it would be of practical benefit to any person who has to communicate in writing. One of the merits of the book is that it takes less than one hour to read in full. Having obtained an overview of its entire content, the reader can refer to the style book again and again to check up on specific points of usage. Ambiguity and sloppy drafting are the enemies of lawyers. Therefore, it is understandable that frequently the general correspondence and writings of lawyers tend to mirror the style and j verbiage of an affidavit. However, a client who receives a letter full of 'legalese' such as "aforementioned", "herewith", "undersigned", is likely to raise his eyes to heaven and ask "why can't they write in English?". Another frequent trait in lawyers' writing is the tendency to give ordinary nouns a capital letter (such as lease, court, case, plaintiff, defendant) when there is no reason for doing so - another hangover from affidavits. In a simple and concise manner, David Rice's book explains the correct rules of usage in relation to these matters and other frequent errors - by no means exclusive to lawyers - for example, the failure to distinguish between it's (the abbreviation for it is) and its (the possessive pronoun). A great merit of the book is that David j Rice avoids pedantry. Language is changing all the time. It is arguable, for example, that nowadays, following

|

The final sections of this book deal with freedoms of expression and the freedom to communicate without being intercept- ed. RTE is under a duty of objectivity and impartiality and advertisements must "respect human dignity". Manufacturers of fashion knitwear are immune from the I ! same stricture. This superb book is the product of a mind that has widely ranged through literature, history and law and which has brought them all together in a synthesis j that sets a new standard for legal discussion in this country. It is hard to see that any Irish lawyer reading this book would be content in the future to write merely on a legal subject without setting it within the context of the technological developments that make i law necessary and the fears and hopes that move people to believe that a new tool can be used to good effect. This is a work full of information presented with a rare combination of wisdom and objectivity. One might hope for more from Doctor Hall but lawyers, politicians, historians and those who in Aristotle's words "love the truth" will already thank him.

|

!

Peter Charleton

The Rathmines Style Book

By David Rice, Folens, Dublin 1993, 90pp., £5.95 paperback. j

Reading maketh a full man; conference a ready man; and writing an exact man. (Francis Bacon) What is style? The gift of writing elegant and engaging prose is given to I only a few; most of us who have to communicate in writing aspire merely to be understood. English is a different language; its rules of grammar are peppered with inexplicable exceptions and the scope I for ambiguity and imprecision is vast. Yet for lawyers, the ability to use . language with clarity and precision - if not stylishly - is essential.

117