On 18 June, 5RB was delighted to host Sir Michael Tugendhat in chambers to discuss his latest book, Liberty in France and Britain, 1159–1789: Restoring Human Rights (Boydell Press) which he co-authored with Elizabeth de Montlaur Martin. The book was first released in French in 2021 and earned its authors an award from the French Academie des Sciences Morales et Politiques for advancing human rights. Sir Michael has now (personally) revised and translated the work for the English edition, which carries a foreword by Sir Tim Eicke KC, a judge at the ECHR from 2016 to 2025.
Sir Michael is a former judge of the High Court of England and Wales and the Courts of Appeal of Jersey and Guernsey, and an Honorary Professor at the University of Leicester. He enjoyed a distinguished career as a barrister at 5RB before his appointment to the High Court bench in 2003. He later became Judge in Charge of (what is now known as) the Media and Communications List in 2010 and played a pivotal role in shaping the rapidly-evolving field of media law through a series of influential judgments, many of which continue to underpin modern media law today. Since retiring from the bench in 2014, Sir Michael has remained exceptionally active, publishing Liberty Intact: Human Rights in English Law (OUP, 2017).
Liberty in France and Britain is a scholarly study of the historical origins of each article of the 1789 French Declaration of the Rights of Man and of the Citizen. Sir Michael argues that, contrary to the prevailing view that human rights emerged from the Enlightenment of the seventeenth and eighteenth centuries, many of the Declaration’s principles can be traced back to English common law of the twelfth and thirteenth centuries. It was during this period that chattel slavery disappeared and trial by ordeal and combat gave way to evidence-based adjudication and the developing principles of the common law.
Guests were treated to a fascinating overview of the history of chattel slavery, the origins of freedom of expression and privacy, and, of course, valuable insights from one of the most respected judges of recent times.
We thank Sir Michael for sharing his knowledge and reflections and invite you to purchase a copy of Liberty in France and Britain online from the publishers (or any reputable bookstore). All royalties will be donated to JUSTICE, the law reform and human rights charity.
