Highlights
Foreword to the Fourth Edition
Citation of sources has long been a defining feature of academic scholarship. Even the most original thinker will have derived inspiration from the writings of others, and it is only proper that that debt be acknowledged. Citation also contributes to the history of ideas, by marking out the pathways of intellectual development.
Citation of sources in judgments is, by comparison, a relatively recent phenomenon. In the High Court, for example, the number of citations per case increased tenfold between 1920 and 1996, from 23 to 240.1 In part, of course, this increase reflects the growth in the length of judgments. But it is also to be explained by the evolution of paper-based argument, the much greater accessibility of judgments and academic articles, and the availability of sophisticated search engines.2
Proper citation serves important rule of law purposes. Reference to authorities which govern, or guide, decision-making ensures that the judicial process ‘is injected with a certain degree of consistency, predictability and coherence’.3 Citation makes a judge’s reasons more comprehensible, and the process of adjudication more transparent, by exposing not only the path of reasoning but its foundations.
Citation also enhances the development of legal principle. Footnotes are a rich resource for practitioners confronted with the same or a related question, and for academics seeking to elucidate the principles which inform judicial decisions and to identify and explain doctrinal developments.
All of which makes the Australian Guide to Legal Citation (‘Guide’) an indispensable resource. The Guide has given us a national language of citation, which enhances communication across the legal system. And it epitomises the commitment to precision and consistency on which accurate citation depends.
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