Book: Uncommon Law
Overview
"Uncommon Law" is a collection of short, mock law reports by Alan Patrick Herbert first issued in book form in 1935, many of the pieces having appeared previously in Punch magazine. Each item mimics the formal language and structure of English case law while presenting absurd facts, eccentric plaintiffs and defendants, and decisions that expose the gap between legal technicalities and common sense. The book reads as a sustained satirical indictment of the quirks, antiquities and pretensions of the English legal system, delivered with a light, urbane wit.
Form and Tone
The pieces adopt the deadpan register of genuine law reporting, complete with judicious citations, solemn judicial phrases and meticulously staged hearings. That mock-solemnity is the principal engine of the humor: the higher the rhetoric, the more ludicrous the dispute. Herbert's prose is concise and perfectly timed; parodies of courtroom formalities, Latinisms and stilted legalese are allowed to play out until the reader sees the incongruity. The style alternates between sharp logical literalism and playful wordplay, producing comedy that is as intellectual as it is accessible.
Typical Cases and Comic Devices
Cases turn on literal readings of statutes, unexpected interpretations of ordinary words and creative invention of legal fictions. Plaintiffs ask courts to remedy matters trivial or bizarre, defendants marshal arcane precedents, and judges dispense verdicts that illuminate the difference between law as an instrument of order and law as an evolving human practice. Herbert delights in puns, technical absurdities and the way judicial reasoning can be stretched to accommodate curious human situations. Legal technicalities are treated both as comic material and as a lens that reveals how the law can sometimes lose sight of justice in pursuit of form.
Themes and Critique
A recurring theme is the tension between letter and spirit: cases show how rigid adherence to textualism can produce outcomes contrary to ordinary morality and common understanding. Herbert also targets the social insulation of the legal profession, the reverence for precedent, and the archaic survivals that clutter legal language and procedure. Beneath the humor lies a reforming impulse: by exposing absurdities through laughter, the pieces invite readers to imagine more sensible, humane rules. The satire is not merely corrosive; it is corrective, using ridicule to argue for clarity, practicality and fairness in law.
Character and Voice
Although the book lacks a conventional cast of recurring protagonists, certain judicial voices and types reappear, the pompous judge, the overly literal counsel, the querulous litigant, each rendered with affectionate severity. Herbert's narrative stance is genial rather than bitter; the laughter he provokes often feels like a friendly nudge toward better practices. The legal register is so faithfully reproduced that readers unfamiliar with real case reports gain an instructive sense of how law speaks, while those acquainted with jurisprudence enjoy the precise lampooning.
Legacy and Influence
"Uncommon Law" cemented A. P. Herbert's reputation as a witty and insightful critic of legal oddities and helped make legal satire a recognized popular genre. The book encouraged lay readers to view the law with a more questioning and skeptical eye and contributed to wider conversations about simplification and reform of statutes and procedures. Its blend of literary skill and legal savvy has kept it readable and relevant to anyone interested in the interplay of language, logic and human folly within institutions.
"Uncommon Law" is a collection of short, mock law reports by Alan Patrick Herbert first issued in book form in 1935, many of the pieces having appeared previously in Punch magazine. Each item mimics the formal language and structure of English case law while presenting absurd facts, eccentric plaintiffs and defendants, and decisions that expose the gap between legal technicalities and common sense. The book reads as a sustained satirical indictment of the quirks, antiquities and pretensions of the English legal system, delivered with a light, urbane wit.
Form and Tone
The pieces adopt the deadpan register of genuine law reporting, complete with judicious citations, solemn judicial phrases and meticulously staged hearings. That mock-solemnity is the principal engine of the humor: the higher the rhetoric, the more ludicrous the dispute. Herbert's prose is concise and perfectly timed; parodies of courtroom formalities, Latinisms and stilted legalese are allowed to play out until the reader sees the incongruity. The style alternates between sharp logical literalism and playful wordplay, producing comedy that is as intellectual as it is accessible.
Typical Cases and Comic Devices
Cases turn on literal readings of statutes, unexpected interpretations of ordinary words and creative invention of legal fictions. Plaintiffs ask courts to remedy matters trivial or bizarre, defendants marshal arcane precedents, and judges dispense verdicts that illuminate the difference between law as an instrument of order and law as an evolving human practice. Herbert delights in puns, technical absurdities and the way judicial reasoning can be stretched to accommodate curious human situations. Legal technicalities are treated both as comic material and as a lens that reveals how the law can sometimes lose sight of justice in pursuit of form.
Themes and Critique
A recurring theme is the tension between letter and spirit: cases show how rigid adherence to textualism can produce outcomes contrary to ordinary morality and common understanding. Herbert also targets the social insulation of the legal profession, the reverence for precedent, and the archaic survivals that clutter legal language and procedure. Beneath the humor lies a reforming impulse: by exposing absurdities through laughter, the pieces invite readers to imagine more sensible, humane rules. The satire is not merely corrosive; it is corrective, using ridicule to argue for clarity, practicality and fairness in law.
Character and Voice
Although the book lacks a conventional cast of recurring protagonists, certain judicial voices and types reappear, the pompous judge, the overly literal counsel, the querulous litigant, each rendered with affectionate severity. Herbert's narrative stance is genial rather than bitter; the laughter he provokes often feels like a friendly nudge toward better practices. The legal register is so faithfully reproduced that readers unfamiliar with real case reports gain an instructive sense of how law speaks, while those acquainted with jurisprudence enjoy the precise lampooning.
Legacy and Influence
"Uncommon Law" cemented A. P. Herbert's reputation as a witty and insightful critic of legal oddities and helped make legal satire a recognized popular genre. The book encouraged lay readers to view the law with a more questioning and skeptical eye and contributed to wider conversations about simplification and reform of statutes and procedures. Its blend of literary skill and legal savvy has kept it readable and relevant to anyone interested in the interplay of language, logic and human folly within institutions.
Uncommon Law
A collection of fictional, humorous legal cases first published in Punch magazine, reflecting the absurdities and archaisms of the English legal system.
- Publication Year: 1935
- Type: Book
- Genre: Humor
- Language: English
- View all works by Alan Patrick Herbert on Amazon
Author: Alan Patrick Herbert
Alan Patrick Herbert, celebrated author and politician known for his wit, satire, and impactful writings.
More about Alan Patrick Herbert
- Occup.: Novelist
- From: United Kingdom
- Other works:
- The Secret Battle (1919 Novel)
- The Water Gypsies (1930 Novel)
- Topsy Turvy Land (1934 Satirical Poetry)
- Holy Deadlock (1934 Novel)