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Rebellion, restoration, revolution

13th September 2024

Baroness Hale of Richmond – academic, former President of the Supreme Court of the United Kingdom, ‘soft feminist’, author and lover of history. During ArbFest2024’s Book Festival, she shared how history is intricately associated with legal principles, and how it saddens her that British history education today does not include the 17th century, despite it providing the foundation for our current democratic system.

From the rolling hills of Yorkshire to the hallowed halls of the UK Supreme Court, Baroness Hale's journey is nothing short of extraordinary. Born in 1945, this legal inspiration has shattered glass ceilings, championed equality, and redefined the landscape of the law and the profession.

For those not in attendance, Baroness Hale was the guest speaker at the ArbFest2024’s Book Festival segment. As you will go on to read, very important and significant topics were discussed, but that didn’t mean there wasn’t room for laughter. Opening the conversation with Lord Glennie, Baroness Hale had the room in fits of giggles and that continued throughout.

Providing us all with a deep dive, not just into her career in law, but also into her book, Spider Woman: A Life, Baroness Hale explored her childhood, her path to Cambridge, her career after Cambridge and everything in between.

History's legal lens

One thing that is incredibly apparent is Baroness Hale’s love of history. Not just its impact in shaping law, but a clear personal interest. In fact, originally the plan was for Baroness Hale to read history at university. Luckily for us, it seems, that while having conversations with her Headmistress, an Oxford history graduate herself, she was told “I don’t think you are a natural historian”. We can make of that what we will, but the decision to read law became an option, and the profession has benefitted greatly as a result.

A lover of history throughout school, Baroness Hale highlighted how she particularly enjoyed the constitutional history of the 17th century. When asked by Lord Glennie if she meant the struggles between King and Parliament, she said:

“The struggles between King and Parliament, and the extraordinary courage shown by ordinary people – but not very ordinary people, obviously – those who resisted the King's unlawful demands. People such as Hampden, the courage of the judges who stood up to the King, especially Cork, but others later on.

“The seven bishops and so on who stood up to him. All those wonderful stories of these cases, which we did learn about in history. And I think that's what sparked my interest in law. History is intricately associated with legal principles.”

She further added how it saddens her that the English history curriculum does not include the 17th century anymore, meaning a lot of young people will grow up not knowing that we had a rebellion, restoration, revolution that created the foundation of our current democratic system. It’s something she truly believes everyone needs to know about.

Early Career: Paving the way in academia

Baroness Hale's ascent began in the world of academia, as a law lecturer teaching seven subjects at the University of Manchester. By choosing to work at Manchester, she was also able to qualify as a barrister and produced the first of a number of legal texts published throughout her career.

Breaking barriers: The first of many ‘firsts’

In 1984, Lady Hale became the first woman to serve on the Law Commission, a role incredibly suited to her love of law and history. Speaking about her time there, Baroness Hale mentioned how the work was varied and individuals had core areas of focus, but were still able to work on projects in differing areas. Baroness Hale has far too many stand out moments to mention them all here, but her work on the Children Act 1989 wasn't just reform, it was a revolution in family law – so much so that a film was made about it.

During the talk, the film was discussed, and Baroness Hale was quick to remind Lord Glennie that Emma Thompson was not playing Baroness Hale. Speaking of the film itself, it was interesting to hear how there were perhaps some reservations about how the film would unfold, but those reservations disappeared on seeing it. As is probably the case for all of us when watching films or TV shows with legal elements, you are always cautious of the portrayal – and I would assume that is even more true when you have been so influential in bringing about change, as with the Children Act 1989.

For those of you less familiar, Baroness Hale's ascent through the judiciary is nothing short of aspirational, but she did highlight that the judiciary isn’t for everyone. Following an incredibly successful career in academia, then going on to the Law Commission, next came:

  • 1994: Appointed to the High Court
  • 1999: Second woman ever appointed to the Court of Appeal
  • 2004: First woman to join the House of Lords' Appellate Committee
  • 2009: One of the first justices of the new Supreme Court
  • 2017: First female President of the Supreme Court

Landmark judgements: Shaping the course of history

Baroness Hale's rulings have been nothing short of historic, and will likely be talked about for years to come. In the Brexit-related Miller cases, she didn't just interpret the law; she safeguarded the very pillars of British democracy. Her judgement on the prorogation of Parliament in 2019 was widely publicised.

The ‘Spider Woman’: Weaving a legacy

Lady Hale's memoir, Spider Woman: A Life, offers a captivating glimpse into the life of a legal trailblazer. The title, inspired by the now-iconic spider brooch that has become a well-known part of her ‘uniform’ – so much so, Lord Glennie asked if she was wearing it!

Baroness Hale's career is more than a list of achievements – it's a blueprint for progress and also one of aspiration and inspiration. Her advocacy for diversity, her landmark rulings, and her unwavering commitment to justice have reshaped the British legal landscape.

This article could have been so much longer, and it was hard to choose the elements and insights to include. A wonderful conversation covering the trials, tribulations and successes of life, coupled with a career that has paved the way for many women to follow in her footsteps.

We can’t wait to read the next book!

Thank you to the Scottish Arbitration Centre for providing the Journal with a ticket. Images courtesy of Cro + Kow.

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https://www.clio.com/uk/?utm_medium=bar_partner&utm_source=law-society-scotland&utm_campaign=law-society-scotland-q2
https://www.evelyn.com/people/keith-burdon/
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