The Critics Of The Common Law
From Common Law Methodology v Law Reform by LJM Cooray (1985)

The critics of the common law methodology are never tired of pointing out the problems that have arisen as a consequence of common law decisions. In a world of imperfect human beings reacting with each other in an uncertain and accident prone environment, problems are inevitable. The strength of the common law is appreciated if it is compared to other legal systems of the past and the present. If comparative studies are conducted, the record of the common law will appear infinitely superior to that of every other legal system the world has known except the civil law tradition.

The judiciary is not impartial and value-neutral. But it is an ideal which the common law judiciary strive towards, even if imperfectly. In this context, is the solution for a lack of impartiality and the human failings, to abandon any efforts to aspire towards objectivity and move to a position where rights are adjudicated upon by people who may be biased and who are freed from all the common law restrictions which aim to control and limit bias and arbitrary action? Is the establishment of tribunals with activist judges or administrators with social, political and other biases an improvement? The present trends do not inspire. Can it be said that modern activist dominated tribunals will be an improvement on the traditional court in which the presumption of innocence and rules of evidence and procedure are important? There is only one answer to this question based on reason and common sense.