12 AusTRAlIAN QuARTeRlY OCT–DEC 2017

BOOk REVIEw

wATChInG OuT

(sCRIBe) Is AVAIlABle

As AN e-Book oR

PAPeRBACk FRoM

SCRIBEPuBLICATIOnS.COM.Au

AND BooksToRes.

W

ith the exception of

lawrence Hammill

• affectionately
  played by Bud
  Tingwell in every
  Australian’s favourite film, The Castle
  (1997) – few practitioners of our legal
  system are as well known or admired in
  our popular culture as Julian Burnside
  QC. A noted barrister, human rights
  advocate and outspoken critic of
  successive governments’ policy of indef-
  inite detention of refugees, Burnside is
  well placed to offer an overview of our
  fundamental legal principles in his latest
  book, Watching Out (Scribe, 2017).
  like Malcolm Gladwell’s explorations
  of popular sociology, Burnside digs
  into the past, present and future of
  justice (and its frequent subversion)
  through short essays, autobiographical

anecdotes, and evocative case studies.

His passion for the subject matter and

the succinct yet conversational tone

make reading Watching Out akin to

sharing dinner with an older and much

wiser friend.

Several extended case studies centre

the conversation on those topics

closest to Burnside’s liberal heart. From

reasonable reparations for Australia’s

stolen generations, to the rational case

for voluntary euthanasia, Burnside

outlines compelling arguments backed

by points of law and clear judicial

precedent.

At a time when Australia’s immi-

gration minister is calling on lawyers

to end their “social justice agenda” of

offering pro bono representation to

refugees, a book like Watching Out is

especially vital. In reflecting upon the

foundational principles of our legal

system – the presumption of innocence

and the right to representation chief

among them – Burnside reminds us

that seemingly small injustices are often

“a warning of worse things to come.”

like his fictional counterpart in

The Castle, Burnside uses his legal

acumen to appeal to Australians’

“strong instinct for giving people a

fair go”. unjust laws are not a modern

phenomenon, and human rights

cannot be arbitrarily suspended; from

Sophocles to the Magna Carta to the

indefinite detention of people seeking

asylum, we have always wrestled with

concepts of what is right and fair.

Watching Out is a helpful primer for

those interested in preserving and

defending these institutions. AQ

ReVIeW BY: kara smitH

Book review:

Watching Out by

Julian Burnside

Kara Smith writes about animals,

womanhood, social justice and

inclusion from her home in Adelaide.

Find more book recommendations

@karaeatsbooks