The Newington College Centre for Ethics public lecture this month was standing room only for the address given by The Hon. Michael Kirby AC CMG. As a national icon in law reform and human rights and a noted dissenting judge during his time on the bench of the High Court of Australia, his views on the Ethics of Judging were eagerly awaited. He opened in acknowledgment of Newington’s Methodist tradition and the value of an extraordinary education.

These things shall be! A loftier race
Than e’er the world has known shall rise.
With flame of freedom in their souls
And light of knowledge in their eyes.*

Far from presenting an intimidating presence, Mr Kirby’s analysis was simply put and inclusive of his young audience from neighbouring schools.

“Tonight we meet as fellow citizens…Judges have quite frequently to make ethical decisions and they are influenced by values…but they are not at large. They have choices but these choices lie within the law,” he explained.

Mr Kirby cited two cases: Mabo v Queensland [Number 2] and the High Court’s dismissal of application for the prohibition and injunction to end the detention of four Afghan children.

In both cases there were questions of ethics and great argument. Both were cases where the words “injustice” and “human rights” were used frequently.

Mr Kirby explained in Mabo, the High Court found the initial premise of terra nullius or ‘land belonging to no one’ was in fact “an error” and that land was central to aboriginal law and culture, at the time of white settlement. In law, and in what was also an ethical decision, native title was returned.

In the case of children in detention Mr Kirby explained, “When the [Immigration] Act talks about a ‘child’ they are a ‘person’. The Act talks about children and intended that they be detained. So it could not be argued that the Act did not apply to children. Judges are asked to resolve questions that are not cut and dried – there may be aspects of choice but these are not unlimited. A decision will be given that might not be the one you believe to be morally correct, but is correct in law.”

Mr Kirby’s advice for all interested attendees was to seek ethical change in the “big pictures. One third of our species live in grinding poverty without food to eat or clean water. This is modern slavery. Climate change – this is now most sentient”.

He also advocated, “be a joiner. I joined the Council for Civil Liberties. I joined groups at university”.

And he finished as he began, with the words of John Addington Symonds Methodist hymn;

“With flame of freedom in their souls…And light of knowledge in their eyes.”

*John Addington Symonds (5 October 1840 – 19 April 1893) was an English poet and literary critic