The Cardinal, the Writer and the Philosopher: Reflections on Teaching at UWS

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I Introduction It is old wisdom that confession is good for the soul. It might have useful work to do by way of an introduction to this essay. There are four considerations that have prompted the writing of this essay. They are: 1. A profound conviction of the essential worth of what I might call the UWS Project, (UWS being throughout an abbreviation of The University of Western Sydney); 2. An equally strong conviction, based upon some 50 years of professional practice as a Solicitor, a Barrister and a Judge, that the Common Law is one of the masterworks of Western civilisation and that its preservation is essential to the maintenance of what any appropriately informed Australian would understand by any reference to a civilised society grounded firmly in the Rule of Law; 3. The accumulated experiences deriving from eight years of teaching in the School of Law at the Campbelltown campus of UWS; and 4. The perception that in the year in which UWS celebrates the 25th anniversary of its foundation, there ought to be, among the tumult of rejoicing and satisfaction at things achieved, space for at least one voice willing to suggest that there are things that are not, perhaps, what they ought to be. II THE UWS PROJECT UWS was formally established by the University of Western Sydney Act 1988 (NSW) ('1988 Act'). The Act received the Royal Assent on 15th December 1988 and came into formal operation on 1st January 1989. Section 7(1) of the 1988 Act defines as follows the functions of the new University: (a) the provision of education facilities at university standard for persons attending it, having particular regard to the needs and aspirations of residents of the western districts of Sydney; and (b) the dissemination and increase of knowledge, the undertaking and promotion of research and scholarship and contribution to the intellectual life of western Sydney; and (c) the development of consultancy and entrepreneurial activities, including research and development initiatives, which will contribute to the development of western Sydney; and (d) the conferring of diplomas and the degrees of Bachelor, Master and Doctor and the issuing of such certificates as the by-laws may prescribe. Interestingly, the term 'western districts of Sydney' was not defined in the 1988 Act. In 1997 the 1988 Act was repealed and replaced by the University of Western Sydney Act 1997 (NSW) ('1997 Act'). Section 8 of the 1997 Act redefined the object and functions of the refashioned University, but unlike the 1988 Act, it included a specific statement respecting the objectives of the refashioned body: 1) The object of the University is the promotion, within the limits of the University's resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence. 2) The University has the following principal functions for the promotion of its object: (a) the provision of facilities for education and research of university standard, having particular regard to the needs and aspirations of residents of Greater Western Sydney, (b) the encouragement of the dissemination, advancement, development and application of knowledge informed by free inquiry, (c) the provision of courses of study or instruction across a range of fields, and the carrying out of research, to meet the needs of the community, beginning in Greater Western Sydney, (d) the participation in public discourse, (e) the conferring of degrees, including those of Bachelor, Master and Doctor, and the awarding of diplomas, certificates and other awards, (f) the provision of teaching and learning that engage with advanced knowledge and inquiry, (g) the development of governance, procedural rules, admission policies, financial arrangements and quality assurance processes that are underpinned by the values and goals referred to in the functions set out in this subsection, and that are sufficient to ensure the integrity of the University's academic programs. …