Uncommon Law
Encyclopedia
Uncommon Law is a book by A. P. Herbert
first published by Methuen in 1935. Its title is a satirical reference to the English common law
. The book is an anthology
of fictitious law report
s first published in Punch
in which Herbert explores, as he saw it, rather absurd aspects of the law, and upholds his civil liberties with the protagonist Albert Haddock, representing Herbert's point of view, taking many to court. It includes perhaps the most well-known of these cases, The Negotiable Cow
. Herbert himself said "Albert Haddock made his first public appearance, in Punch, in 1924. I have always understood that I invented him: but he has made some disturbing escapes into real life".
A television series was made between 1967 and 1971 of many of the cases, starring Roy Dotrice
as Haddock, and more often than not Alastair Sim
as Mr. Justice Swallow, the judge who has to unravel Haddock's logic.
A. P. Herbert
Sir Alan Patrick Herbert, CH was an English humorist, novelist, playwright and law reform activist...
first published by Methuen in 1935. Its title is a satirical reference to the English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. The book is an anthology
Anthology
An anthology is a collection of literary works chosen by the compiler. It may be a collection of poems, short stories, plays, songs, or excerpts...
of fictitious law report
Law report
Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.The term reporter was...
s first published in Punch
Punch (magazine)
Punch, or the London Charivari was a British weekly magazine of humour and satire established in 1841 by Henry Mayhew and engraver Ebenezer Landells. Historically, it was most influential in the 1840s and 50s, when it helped to coin the term "cartoon" in its modern sense as a humorous illustration...
in which Herbert explores, as he saw it, rather absurd aspects of the law, and upholds his civil liberties with the protagonist Albert Haddock, representing Herbert's point of view, taking many to court. It includes perhaps the most well-known of these cases, The Negotiable Cow
Negotiable cow
Board of Inland Revenue v Haddock is a fictitious legal case written by the humorist A. P. Herbert for Punch magazine as part of his series of Misleading Cases in the Common Law. It was first published in book form in More Misleading Cases in the Common Law...
. Herbert himself said "Albert Haddock made his first public appearance, in Punch, in 1924. I have always understood that I invented him: but he has made some disturbing escapes into real life".
A television series was made between 1967 and 1971 of many of the cases, starring Roy Dotrice
Roy Dotrice
Roy Dotrice, OBE is a British actor known for his Tony Award-winning Broadway performance in the revival of A Moon for the Misbegotten.-Life and career:...
as Haddock, and more often than not Alastair Sim
Alastair Sim
Alastair George Bell Sim, CBE was a Scottish character actor who appeared in a string of classic British films. He is best remembered in the role of Ebenezer Scrooge in the 1951 film Scrooge, and for his portrayal of Miss Fritton, the headmistress in two St. Trinian's films...
as Mr. Justice Swallow, the judge who has to unravel Haddock's logic.
Selection of cases
- Rex v Haddock: Is it a Free Country?
- Haddock jumps off Hammersmith BridgeHammersmith BridgeHammersmith Bridge is a crossing of the River Thames in west London, just south of the Hammersmith town centre area of the London Borough of Hammersmith and Fulham on the north side of the river. It allows road traffic and pedestrians to cross to Barnes on the south side of the river...
for a bet and is arrested and charged with numerous offences by the bemused police, including "polluting a watercourse"; his defence is that "there is no law against it" and that he did it "for fun". The Lord Chief Justice disagrees, saying "it is a fundamental principle of English law that a person who appears in a police courtMagistrates' CourtA magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
has done something undesirable". When questioned on his motive that he did it "for fun", the judge states "We are not here for fun. There is no reference to fun in any Act of Parliament".- Tinrib, Rumble, And Others v The King and Queen: Fish Royal
- A dead whale is washed up on the shore of Pudding Magna in DorsetDorsetDorset , is a county in South West England on the English Channel coast. The county town is Dorchester which is situated in the south. The Hampshire towns of Bournemouth and Christchurch joined the county with the reorganisation of local government in 1974...
and a dispute ensues as to who is responsible for its disposal, which becomes increasingly urgent as the carcase has started to decompose, making the town unpleasant to live in. It is contended according to precedent that the whale is "fish royal" and therefore the monarch is responsible; however, the Ministry of Agriculture, Fisheries and FoodMinistry of Agriculture, Fisheries and FoodThe Ministry of Agriculture, Fisheries and Food was a United Kingdom government department created by the Board of Agriculture Act 1889 and at that time called the Board of Agriculture, and then from 1903 the Board of Agriculture and Fisheries, and from 1919 the Ministry of Agriculture and Fisheries...
correctly points out that a whale is a mammal and therefore outside its jurisdiction. The appeal proceeds on the instructions of "the late residents of Pudding Magna", but is immediately adjourned.- Rex v Haddock: Is a Golfer a Gentleman?
- The frustrated Mr Haddock, unable to make his golf ball follow its intended trajectory, is heard to utter a stream of swear words, and is summoned under the Profane Oaths Act 1745Profane Oaths Act 1745The Profane Oaths Act 1745 was an Act of the Parliament of Great Britain passed in 1746, in effect from 1 June 1746, and formally repealed in 1967...
which creates differing penalties for different classes of people, including gentlemen, to whom the highest rate is applied. Haddock argues that while playing golf, he is so bad at it that he no longer can be regarded as a gentleman, and therefore his fine should be lowered. He succeeds with this argument.