August 23, 2016
International Legal Scholar, Professor Graham Virgo visits Waikato University
International legal scholar, Professor Graham Virgo visited the University of Waikato to give a public lecture titled
“Conscience in Equity – a new Utopia” on 16 August at Te Whare Tapere Iti, the Gallagher of Performing Arts.
Hamilton legal practitioners, members of the judiciary and university law staff attended the event.
During his lecture, Professor Virgo argued that equitable jurisdiction was founded on conscience.
“It is a jurisdiction which remains of profound practical importance in England and New Zealand,” says Professor Virgo.
“But, as the jurisdiction has developed, and although the language of conscience and unconscionability remain the
touchstone for equitable intervention, judges and commentators have lost sight of what conscience and unconscionability
actually mean.”
He says that by tracing the historical development of conscience, it is possible to identify the theoretical structure
which justifies the equitable jurisdiction and shows how it should develop in the future.
“Even though some commentators have predicted the death of Equity, by refocusing on the essence of conscience, the
equitable jurisdiction can be reinvigorated and lead us to a new legal Utopia,” says Professor Virgo.
“This is relevant to all of us, regardless of our areas of expertise in law. We as lawyers need to ensure that our law
is as principled as it can be.”
“There is a role of a judge to evaluate the facts and look at circumstances, but the reasoning of the judge need to be
structured and defensible. The language of conscience and unconscionability can do this, but only if we are clear as to
what they mean and why we are using them.”
Professor Virgo will be continuing to tour law schools throughout the country, giving staff seminars and public lectures
until 24th August.
Professor Virgo is a Professor of English Private Law in the Faculty of Law at the University of Cambridge in England,
United Kingdom. He writes and researches in the fields of Criminal Law; Equity and Trusts and the Law of Restitution. He
has been a Fellow of Downing College since 1989, where he read Law as an undergraduate.
His visit is part of the 25th anniversary lecture series of Waikato University’s law Faculty and the New Zealand Law
Foundation’s distinguished visiting fellow award. Each year the Law Foundation provides up to $40,000 towards the visit
of the distinguished visiting fellow.
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