CHRISTMAS HUMPHREYS:A BUDDHIST JUDGE IN
TWENTIETH CENTURY LONDON
By Damien P. Horigan*
Korean Journal of Comparative Law, vol. 24.
p. 1-16


p. 1 I. Introduction The influence of religion on law in general is widely acknowledged. Indeed, in many early cultures law and religion were virtually indistinguishable.(1) In more recent centuries the ties remained relatively close. For example, English common law once had significant structural ties to the Church of England which had its own system of active ecclesiastical courts.(2) Today Anglo-American common law remains to some extent a product of the traditionally Christian culture in which it developed. But how does an individual judge's religion influence a judge's approach to law? That question appears to have received relatively little attention. Yet, it should be readily apparent that a judge's personal religion can influence ----------------------------------------------------- *Instructor, University of Phoenix, Hawaii Campus, and Member of the Hawaii Bar. B.A., University of Hawaii at Hilo; M.A., University of New Brunswick, Canada; J.D., University of Hawaii at Manoa. 1. See generally, JOHN H. WIGMORE, A PANORAMA OF THE WORLD'S LEGAL SYSTEMS (Library Edition, 1936) (1928). 2. BLACK'S LAW DICTIONARY 241, 354, 512 (6th ed. 1990). Today there's still an entire volume of the fourth edition of HALSBURY'S STATUTES OF ENGLAND AND WALES devoted to ecclesiastical law. 14 HALSBURY'S STAT. ENG. & WALES (Butterworths 1986 & 1995). Meanwhile, Buddhist monastic orders have their own ancient systems of disciplining monks and nuns. NANDASENDA RATNAPALA, CRIME AND PUNISHMENT IN THE BUDDHIST TRADITION (1993); M.B. Voyce, The Legal Authority of the Buddhist Order of Monks, 1 JOURNAL OF LAW & RELIGION 307 (1983); M.B. Voyce, The Communal Discipline of the Buddhist Order of Monks: The "Sanction" of the Vinaya Pitaka, 29 AM. J. JURIS. 123 (1984). Such monastic law should be distinguished from the general influence of Buddhism on more secular Asian legal thought. For instance, Buddhism continues to have some impact on the national legal system in Thailand where it is the state religion. Frank E. Reynolds, Dhamma in Dispute the Interation of Religion and Law in Thailand, 28 LAW & SOCIETY R. 433 (1994). p. 2 a judge's own approach to law much in the same way as a judge's personal political beliefs can. Of course, here I speak of those judges who take their spirituality seriously. Mere church membership alone probably has relatively little significance. By looking at judges who are members of what amounts to a minority religion in their jurisdiction, the influence of religion, apart from other factors, may become more noticeable. This would seem to be especially true of those judges who take an active role in their religious communities. Buddhist judges outside of Asia(3) i.e., Buddhist members of the bench in the West provide some clear examples of the influence of religion on judicial decision making and behavior. The main subject of this article, Judge Christmas Humphreys (1901-1983), is an especially clear example of this phenomenon as will be shown below. ----------------------------------------------------- 3. Obviously, there have many Buddhist judges in Asia with varying degrees of commitment to Buddhist ideals. The degree to which Buddhism has influenced judicial decision making in 20th century Asia is beyond the scope of this article. Nevertheless, the author would like to briefly mention the career of one of the more famous Asian Buddhist judges of this century, U Chan Htoon (1906--1988) of the predominately Buddhist nation of Myanmar (formerly Burma). U Chan Htoon was the main drafter of the first truly independent constitution for Burma. Soon he became the Union of Burma's first Attorney General. He later served on Burma's Supreme Court until the coup in 1962. U Chan Htoon's Buddhist activities included serving as the president of the World Fellowship of Buddhists (WFB) from 1958 to 1963. He was imprisoned from 1963 to 1967 by the military government. After his release he devoted the rest of his life to Buddhism including supporting the task of translating Pali texts into English. Sanda Khin, Judge U Chan Htoon, in WORLD FELLOWSHIP OF BUDDHISTS, THE WORLD FELLOWSHIP OF BUDDHISTS FORTIETH ANNIVERSARY 1950--1990, 80--81 (1990); MAUNG MAUNG, BURMA'S CONSTITUTION passim (2 nd ed. 1961). Incidentally, India's post-colonial Constitution was drafted by Dr. Bhimrao Ramji Ambedkar (1891--1956), a lawyer, scholar, and politician, who converted from Hinduism to Buddhism late in life and then lead mass conversions of his fellow "Untouchables" to Buddhism. See e.g. SANGHARAKSHITA, AMBEDKAR AND BUDDHISM (1986). p. 3 II. Abe and Grimm There have been a handful of Buddhist judges in the West. In the author's home jurisdiction of Hawaii there have been some Buddhist judges most notably, the late Hawaii Supreme Court Justice Kazuhisa Haruko Abe (1914 --1996).(4) Abe was raised as a Buddhist and he was an occasional supporter of Buddhist causes.(5) However, Abe once frankly admitted that he did not ----------------------------------------------------- 4. Besides serving on the Supreme Court of Hawaii, Abe was a District Court Magistrate, a member of the Hawaii County Board of Supervisors, a member of the state Senate and then Vice-President and later President of the Senate. Both before and after his stint on the Supreme Court, Abe was active in a number of real estate deals. GEORGE COOPER & GAVAN DAWS, LAND AND POWER IN HAWAII: THE DEMOCRATIC YEARS passim P (1985) [hereinafter COOPER]. Abe passed away on May 18, 1996 at the the age of 82. "Memorial Service for Justice Abe set for Thursday," Honolulu Advertiser, May 26, 1996, at A29. 5. While serving as Vice-President of the state Senate in 1963, Abe was active in the movement to establish April 8th, the Japanese celebration of the Buddha's birth i.e., Buddha Day, as a state holiday. Buddha Day might have made it as a full-fledged official holiday were it not for Abe's politically unwise move to then attempt -- apparently on his own initiative and presumably against the wishes of many of his fellow Buddhists in Hawaii -- to abolish both Christmas and Good Friday as legal (state) holidays. As things stand now, Christmas and Good Friday are state holidays while Buddha Day is not. This remains so despite Hawaii's significant Buddhist population. LOUISE H. HUNTER, BUDDHISM IN HAWAII: ITS IMPACT ON A YANKEE COMMUNITY 203-204 (1971) [hereinafter HUNTER]; HAW. REV. STAT. ANN. & 8-1 & 8-4 (Michie 1995); 1963 HAW. SESS. LAWS 206-207. Incidentally, Hawaii's designation of Good Friday as a state holiday has withstood a challenge based on the establishment (of religion) clause of the First Amendment of the U.S. Constitution. Cammack v. Waihee, 932 F.2d 765 (9th Cir. 1991), cert. denied 112 S.Ct. 3027, 120 L.Ed.2d 898 (1992). In 1967 Abe was appointed to the state Supreme Court. At one point while serving on the Court, Justice Abe asked then Chief Justice William S. Richardson that Buddha Day be a holiday for the Supreme Court. Abe was apparently motivated by the fact that Justice Bernard Levinson had been excused from his duties on Yom Kippur, a Jewish holiday celebrated by only a tiny minority in the islands. Unfortunately, Chief Justice Richardson refused to entertain Abe's request. Williamson B.C. Chang, Reversals of Fortune: The Hawaii Supreme Court, the Memorandum Opinion, and the Realignment of Political Power in Post-statehood Hawaii, 14 U. HAW. L. REV. 17, 20 n.9 (1992). For more on the relationship between Abe and Richardson, see CAROL S. DODD, THE RICHARDSON YEARS 1966-1982 passim (1985). p. 4 know why he was a Buddhist and that he did not know much about Buddhism as a religion.(6) Hence, any Buddhist influence on Abe's approach to law(7) would have been, at best, quite minor and perhaps more subconscious ---------------------------------------------------- Buddha Day, though observed with certain variations according to different national cultures and sectarian traditions, is a popular festival throughout the Buddhist world. The occasion is a legal holiday in a number of Asian countries including some places where Buddhism is a merely minority religion. Since 1990 another major Buddhist holiday, Bodhi Day, celebrated in Japan on December 8th, has been recognized as a holiday in Hawaii, but, again, this is not a state holiday as such. Bodhi Day recalls the Buddha's Enlightenment. HAW. REV. STAT. ANN. & 8-10 (Michie 1995). The term Bodhi is essentially a synonym for Enlightenment or Awakening. INGRID FISCHER--SCHREIBER ET AL, THE ENCYCLOPEDIA OF EASTERN PHILOSOPHY AND RELIGION (Stephan Schuhmacher et al trans.) 37 (1994) [hereinafter FISCHER-SCHREIBER]. 6. HUNTER supra note 5, at 206. This remains rather common among Japanese-American Buddhists of his generation. 7. A search of the HI-CS (Hawaii case law) database of WESTLAW revealed the following Supreme Court of Hawaii opinions authored by Justice Abe: Fleming v. Napili Kai, Limited, 50 Haw. 66, 430 P.2d 316 (1967); Murray v. Kobayashi, 50 Haw. 104, 431 P.2d 940 (1967): State v. Moeller, 50 Haw. 110, 433 P.2d 136 (1967); Nuuanu Memorial Park Mortuary, Limited v. Briggs, 50 Haw. 177, 434 P.2d 750 (1967): Clarke v. Civil Service Commission, 50 Haw. 169, 434 P.2d 312 (1967); Honolulu Memorial Park, Inc. v. City and County of Honolulu, 50 Haw. 189, 436 P.2d 207 (1967); Struzik v. City and County of Honolulu, 50 Haw. 241, 437 P.2d 880 (1968); State by Attorney General v. Heirs of Kapahi, 50 Haw. 237, 437 P.2d 321 (1968); State v. Yoshino, 50 Haw. 287 439 P.2d 666 (1968); City Collectors, Limited v. Moku, 50 Haw. 273, 439 P.2d 217 (1968); Reed & Martin, Inc. v. City and County of Honolulu, 50 Haw. 347, 440 P.2d 526 (1968); Medeiros v. First Ins. Co. of Hawaii, 50 Haw. 401, 441 P.2d 341 (1968); State v. Abellano, 50 Haw. 384, 441 P.2d 333 (1968); Lee v. Civil Service Commission of City and County of Honolulu, 50 Haw. 426, 442 P.2d 61 (1968); Manley v. Nelson, 50 Haw. 484, 443 P.2d 155 (1968); Cane City Builders, Inc. v. City Bank of Honolulu, 50 Haw. 472, 443 P.2d 145 (1968): Hung Wo Ching v. Hawaiian Restaurants, Limited, 50 Haw. 563, 445 P.2d 370 (1968); Highway Super Market v. Matsuo, 50 Haw. 519, 445 P.2d 34 (1968); Striker v. Nakamura, 50 Haw. 590, 446 P.2d 35 (1968); Honolulu Rapid Transit Co. v. Paschoal, 51 Haw. 19, 449 P.2d 124 (1968); State v. Vincent, 51 Haw. 40, 450 P.2d 996 (1969); A.C. Chock, Limited v. Kaneshiro, 51 Haw. 87, 451 P.2d 809 (1969); Lopez v. Tavares, 51 Haw. 141, 451 P.2d 804 (1969); Upchurch v. State, 51 Haw. 150, 454 P.2d 112 (1969); State v. Butler, 51 Haw. 180, 455 P.2d 4 (1969); State v. Johnson, 51 Haw. 195, 456 P.2d 805 (1969); Ed Klein, Inc. v. Hotel Kaimana, Inc., 51 Haw. 268, 457 P.2d 210 (1969); Gibe v. City and County of Honolulu, 51 Haw. 299, 459 P.2d 198 (1969); Chun v. Park, p. 5 than conscious.(8) ---------------------------------------------------- 51 Haw. 462, 462 P.2d 905 (1969); Berkness v. Hawaiian Elec. Co., 51 Haw. 437, 462 P.2d 196 (1969); Hawaii Jewelers Ass'n v. Fine Arts Gallery, Inc., 51 Haw. 502, 463 P.2d 914 (1970); Levy v. Kimball, 51 Haw. 540, 465 P.2d 580 (1970); J.A. Thompson & Son, Inc. v. State, 51 Haw. 529, 465 P.2d 148 (1970); Bissen v. Fujii, 51 Haw. 636, 466 P.2d 429 (1970); Bachran v. Morishige, 52 Haw. 61, 469 P.2d 808 (1970); Ashford v. Thos. Cook and Son (Bankers) Ltd., 52 Haw. 113, 471 P.2d 530 (1970); Radford v. Morris, 52 Haw. 180, 472 P.2d 500 (1970); Corden v. Paschoal's Limited, 52 Haw. 242, 473 P.2d 561 (1970); Honda v. Higa, 52 Haw. 311, 474 P.2d 708 (1970); Young v. Kwock, 52 Haw. 273, 474 P.2d 285 (1970); Appeal of Harper, 52 Haw. 313, 475 P.2d 53 (1970); Mauain Hotel, Inc. v. Maui Pineapple Co., 52 Haw. 563, 481 P.2d 310 (1971);State v. Shigematsu, 52 Haw. 604, 483 P.2d 997 (1971); Matsumoto v. Kaku, 52 Haw. 629, 484 P.2d 147 (1971); In re Hawaiian Land Co., 53 Haw. 45, 487 P.2d 1070 (1971) ;Gregg Kendall & Associates, Inc. v. Kauhi, 53 Haw. 88, 488 P.2d 136 (1971) ; Ahnne v. Department of Labor and Indus. Relations, 53 Haw. 185, 489 P.2d 1397 (1971); Hall v. Kim, 53 Haw. 215, 491 P.2d 541 (1971) ;State v. Santiago, 53 Haw. 254, 492 P.2d 657 (1971); Doe v. State Ethics Commission, 53 Haw. 373, 494 P.2d 559 (1972); Petersen v. City and County of Honolulu, 53 Haw. 440, 496 P.2d 440 (1972); Hino v. Kim, 53 Haw. 492, 497 P.2d 562 (1972); Application of Pioneer Mill Co., 53 Haw. 496, 497 P.2d 549 (1972); State v. Texaco, Inc., 53 Haw. 567, 498 P.2d 631 (1972); White v, Board of Ed., 54 Haw. 10, 501 P.2d 358 (1972); Akamine and Sons, Ltd. v. Hawaii Nat. Bank, Honolulu, 54 Haw. 107, 503 P.2d 424 (1972); McBryde Sugar Co., Ltd. v. Robinson, 54 Haw. 174, 504 P.2d 1330 (1973); Baldeviso v. Thompson, 54 Haw. 125, 504 P.2d 1217 (1972); City and County of Honolulu v. Chun, 54 Haw. 287, 506 P.2d 770 (1973); Kahili, Inc. v. Yamamoto, 54 Haw. 267, 506 P.2d 9 (1973); Application of Castle, 54 Haw. 276, 506 P.2d 1 (1973); Aluli v. Trusdell, 54 Haw. 417, 508 P.2d 1217 (1973); State v. Marley, 54 Haw. 450, 509 P.2d 1095 (1973); State v. Torres, 54 Haw. 502, 510 P.2d 494 (1973); City and County of Honolulu v. Bonded Inv. Co., Ltd., 54 Haw. 523, 511 P.2d 163 (1973); State v. Delmondo, 54 Haw. 552, 512 P.2d 551 (1973); Edmunds v. Won Bae Chang, 54 Haw. 568, 512 P.2d 3 (1973); State v. Faafiti, 54 Haw. 637, 513 P.2d 697 (1973); Murphy v. Murphy, 55 Haw. 34, 514 P.2d 865 (1973); Thomas v. State, 55 Haw. 30, 514 P.2d 572 (1973); Fujioka v. Kam, 55 Haw. 7, 514 P.2d 568 (1973); Natatorium Preservation Committee v. Edelstein, 55 Haw. 55, 515 P.2d 621 (1973); State v. Santiago, 55 Haw. 162, 516 P.2d 1256 (1973); State v. Cotton, 55 Haw. 148, 516 P.2d 715 (1973); Salavea v. City and County of Honolulu, 55 Haw. 216, 517 P.2d 51 (1973). In addition, Justice Abe wrote at least one dissenting opinion and one concurring opinion. The dissent was in State v. Cotton, 55 Haw. 138, 516 P.2d 709 (1973). Abe's dissent in Cotton begins at 55 Haw. 143, 516 P.2d 712. The concurring opinion was in Estate of Bishop, 53 Haw. 604, 499 P.2d 670 (1972). Abe's concurrence begins at 53 Haw. 608, 499 P.2d 673. 8. The only majority opinion by Abe directly related to religion is Murray v. Kobayashi, p. 6 A more appropriate example happens to come from a civil law jurisdiction. Perhaps the earliest Buddhist judge in the West was the German judge George(9) Grimm (1868-1945)."(10) Grimm, like a number of German-speaking intellectuals of his day, came to Buddhism through an earlier interest in the philosophy of Arthur Schopenhauer (1788-1860). He would go onto study Pali and to write extensively on Buddhism. He would also become a Buddhist leader. ---------------------------------------------------- 50 Haw. 104, 431 P.2d 940 (1967). In Murray, the Hawaii Supreme Court held that the Estate of Princess Bernice Pauahi Bishop, which operates the Kamehameha Schools--a system of schools exclusively for students of Native Hawaiian ancestry, was a charitable/educational organization connected with a religious organization (the campus chapel) and was thus exempt from a state law prohibiting discrimination in employment on the basis of religion. The 19th century will provided that only teachers of the Protestant religion could be hired. Ironically, by ruling in the Bishop Estate's favor, Abe denied his fellow non-Protestants the opportunity to teach at the Kamehameha schools. Just a few years later, Abe expressed a rather different view of the Bishop Estate's pro-Protestant policies in his concurrence in Estate of Bishop, 53 Haw. 604, 499 P.2d 670 (1972). The Murray case is no longer good law thanks, in part, to a more recent federal case filed by the United States Equal Employment Opportunity Commission (E.E.O.C.) on behalf of a non-Protestant who had applied for an advertised position for a substitute French teacher. E.E.O.C. v. Kamehameha Schools/Bishop Estate, 780 F.Supp. 1317 (D. Hawaii 1991), rev'd, 990 F.2d 458 (9th Cir. 1993), cert. denied 114 S.Ct. 439, 848 F.Supp. 899 (D.Hawaii 1993) (on remand). For an analysis of this case and related matters, see Jon M. Van Dyke, The Kamehameda Schools/Bishop Estate and the Constitution, 17 U. HAW. L. REV. 413 (1995). Although technically a charitable trust, the Bishop Estate is one of the most powerful institutions in the islands. COOPER, supra note 4, passim. See also., GAVAN DAWS, SHOAL OF TIME:A HISTORY OF THE HAWAIIAN ISLANDS 162, 190, 229--301(1968) (1974). 9. In German language works George Grimm's first name is spelt without the final "e" i.e., Georg Grimm instead of George Grimm. 10. GEORGE GRIMM, THE DOCTRINE OF THE BUDDHA: THE RELIGION OF REASON AND MEDIATION (M. Keller-Grimm & Max Hoppe eds.) (Bhikkhu Silacara trans.) 415 (Motilal Banarsidass 1965) (1958). For a biography on Judge Grimm's life, see MAX HOPPE, GEORG GRIMM (1973) [In German] [hereinafter HOPPE]. See also, STEPHEN BATCHELOR, THE AWAKENING OF THE WEST: THE ENCOUNTER OF BUDDHISM AND WESTERN CULTURE 315--16, 320 (1994) [hereinafter BATCHELOR]. p. 7 In Munich during the early 1920s Grimm help establish the "Buddhistische Gemeinde fuer Deutschland" in the "Buddhistische Loge zu den Drei Juwelen" or the "Buddhist Community for Germany" in the "Buddhist Lodge of the Three Jewels."(11) This Buddhist body was banned by the Nazis in 1934.(12) In 1935 Grimm founded the (then) secret "Altbuddhistische Gemeinde" or "Old Buddhist Community." This group met in his home in the Bavarian town of Utting am Ammersee. The Altbuddhistische Gemeinde still exists today. Among its present activities is the publication of a German language journal called "Yaana(13) : Zeitschrift fuer Buddhismus und religioese Kultur auf buddhistischer Grundlage."(14) Yaana comes out every other month. As for Grimm's judicial career, his motto was that it was "better to let ten guilty persons go free than to punish one innocent person."(15) While he was criticized by some for his often lenient approach, Grimm kept the doctrine of karma(16) in mind. At his funeral on August 29, 1945 he was hailed as having been "Bavaria's most benevolent judge."(17) It is the author's ---------------------------------------------------- 11. HOPPE, supra note 10, at 22. The term "three jewels" is a translation of the Sanskrit triratna and the Pali tiratna. The three jewels are:the Buddha (the Awakened One); the dharma (Pali: dhamma) (the teachings) ; and the sangha (the followers) . FISCHER-SCHREIBER, supra note 5, at 380. 12. This is the year given in HOPPE, supra note 10, at 23, whereas 1933 is the year given in BATCHELOR, supra note 10, at 315. 13. A rather free translation of the name would be "Yaana: A Journal of Buddhism and Buddhist-based Religious Civilization." 14. The term yaana (also spelt yaana-ka) is a Sanskrit word for "vehicle." ARTHUR ANTHONY MACDONELL, A PRACTICAL SANSKRIT DICTIONARY: WITH TRANSLITERATIONS, ACCENTUATION, AND ETYMOLOGICAL ANALYSIS THROUGHOUT 244 (Oxford University Press 1965) (1929) [hereinafter MACDONELL]; FISCHER-SCHREIBER, supra note 5, at 423-24. 15. HOPPE, supra note 10, at 8. 16. It is arguably more accurate to say karman which is the nominative case of this neuter Sanskrit noun. See MACDONELL, supra note 14, at 64. However, Karma has already become an English word listed in many dictionaries. So, here it will be treated as such. 17. HOPPE, supra note 10, at 8. p. 8 contention that Grimm's deep interest in Buddhism helped to make him a compassionate judge.(18) III. Humphreys Judge Christmas Humphreys(19) was the son of the well-known jurist, Sir Travers Humphreys.(20) His father made it to the High Court, Even Christmas Humphreys' mother served as a Justice of the Peace. In the United States and elsewhere, Christmas Humphreys is remembered mostly as a tireless popularizer(21) of Buddhism and as a leader of Buddhists 18. In Buddhism, "justice," compassion (karuna), and karma are all considered to be interconnected. REBECCA REDWOOD FRENCH, THE GOLDEN YOKE: THE LEGAL COSMOLOGY OF BUDDHIST TIBET (1995); Andrew Huxley, Sanctions in the Theravada Buddhist Kingdoms of S.E. Asia RECUEILS DE LA SOCIETE JEAN BODIN 335 (1992); CHRISTOPHER IVES, ZEN AWAKENING AND SOCIETY (1992). 19. The overall account of the life of Christmas Humphreys presented here draws on the following: CHRISTMAS HUMPHREYS, BOTH SIDES OF THE CIRCLE: THE AUTOBIOGRAPHY OF CHRISTMAS HUMPHREYS(1978) [hereinafter CIRCLE]; His Honour Judge Christmas Humphreys: Gentle Judge, Eccentric, and Buddhist, THE TIMES (London), April 15, 1983, at 12: Christmas Humphreys 1901-1983, 58 THE MIDDLE WAY, May 1983, at 1 - 2; Francis Cowper, Sleep to Return, NEW YORK LAW JOURNAL, May 10, 1983, at 2 [hereinafter COWPER]: 58 THE MIDDLE WAY, August 1983, passim: Christmas Humphreys, 1901-1983: A Pioneer of Buddhism in the West 26 (n.s.) THE EASTERN BUDDHIST, Autumn 1983, at 134- 139: Checklist of Books by Christmas Humphreys, 59 THE MIDDLE WAY, February 1984, at 230 [hereinafter CHECKLIST]; Christmas Humphreys, THE ANNUAL OBITUARY 1983 180-182 (1984) [hereinafter ANNUAL OBITUARY]. 20. The dates are: 1867-1956. For background on Travers Humphreys, see STAN-LEY JACKSON, THE LIFE AND CASES OF MR. JUSTICE HUMPHREYS (1952);Steve Uglow, Humphreys, Sir (Richard Somers) Travers (Christmas), BIOGRAPHICAL DICTIONARY OF THE COMMON LAW 264-265 (1984) [hereinafter UGLOW]. 21. The author believes that "popularizer" is a good description because although Humphreys did write widely on Buddhism, he did so with a large audience in mind, He was certainly not a "Buddhologist" i.e., a scholar of Buddhist studies in the narrow sense of the term. Unlike his close associates Edward Conze and Daisetz Teitaro Suzuki, Humphreys, for instance, never held a full-time academic post. For some insights on Humphreys' relationship with these two famous scholars, see A. IRWIN SWITZER, III, D.T. SUZUKI: A BIOGRAPHY (John Snelling, ed., 1985). For Conze's surprisingly harsh assessment of Humphreys, see EDWARD CONZE, THE MEMOIRS OF A MODERN GNOSTIC p. 9 in Britain.(22) Only in United Kingdom has significant attention been paid to his legal career.(23) Here one can note that Humphreys wrote, co-authored, ------------------------------------------------------- (1979), parts 1 & 2, passim. Finally, for a look at the type of Zen that influenced Suzuki and later to some extent Humphreys, see Robert H. Sharf, The Zen of Japanese Nationalism, in CURATORS OF THE BUDDHA: THE STUDY OF BUDDHISM UNDER COLONIALISM 107-160 (Donald S. Lopez, Jr., ed., 1995). 22. Humphreys's position as a lay leader put him in conflict with some English Buddhists with monastic backgrounds. BATCHELOR, supra note 10, at 132. A certain amount of sexism on Humphreys' part might have been a significant factor in the incident which Batchelor describes involving a British nun who had been trained in both Malaysia and Japan. 23. Searches of the UKCASE file of the INTLAW library of LEXIS, which contains reported cases dating back to those published in January, 1945, yielded a total of 37 reported decisions with which Humphreys was in some way connected. There are likely some other appellate cases from either his early career which are not covered by LEXIS or more recent cases which were simply not reported anywhere. Here it should be kept in mind that the reporting of English cases is considerably more limited than what is done in the United States. Burton M. Atkins, Selective Reporting and the Communication of Legal Rights in England, 76 JUDICATURE 58 (1992). At any rate, available cases in which Humphreys served as a lawyer are as follows: R. v. Young, 30 Cr App Rep 57 (1944); Ex parte Speculand, [1946] KB 48, 174 LT 334, 44 LGR 130;Bridge v. Campbell, 177 LT 444, 45 LGR 520, [1947] WN 223; R. v. Hateley, [1949] WN 183, 65 TLR 204;R. v. Leitz, 33 Cr App Rep 132(1949); R. v. Kritz, [1950] 1 KB 82, [1949] 2 All ER 406, 48 LGR 88, 65 TLR 505, 113 JP 449, 33 Cr App Rep 169, [1949] WN 374; R. v. Evans, [1950] 1 All ER 610, 66 TLR (Pt 1) 629, 34 Cr App Rep 72, [1950] WN 111; R. v. Middlesex Quarter Sessions and another; Ex parte Director of Public Prosecutions, [1950] 2 KB 589, [1950] 1 All ER 916, 48 LGR 414, 66 TLR (Pt 1) 804, 114 JP 276, 34 Cr App Rep 112, [1950] WN 225;R. v. South Greenhoe Justices; Ex parte Director of Public Prosecutions, [1950] 2 All ER 42, 48 LGR 483, 34 Cr App Rep 120, [1950] WN 259;R. v. Tronoh Mines, Ltd., and Others, [1952] 1 All Er 697, 50 LGR 461, 35 Cr App Rep 196;R. v. Davies, [1954] 1 WLR 214; Davies v. Director of Public Prosecutions, [1954] AC 378, [1954] 1 All ER 507, [1954] 2 WLR 343, 118 JP 222, 38 Cr App Rep 11;R. v. Reiter and Others, [1954] 2 GB 16, [1954] 1 All ER 741, [1954] 2 WLR 638, 118 JP 262, 38 Cr App Rep 62:R. v. Grant; R. v. Gilbert, 38 Cr App Rep 107 (1954); R. v. City of London Licensing Justices; Ex parte Stewart and Another, [1954] 3 All ER 270, [1954] 1 WLR 1325, 5 P & CR 8, 52 LGR 525, 118 JP 529; R. v. Michalski, 39 Cr App Rep 22; R. v. Collister; R.v. Warhurst, 39 Cr App Rep 100 (1955); R. v. Martin and Others, [1956] 2 QB 272, [1956] 2 All ER 86, [1956] 2 WLR 975, 120 JP 225, 40 Cr App Rep 68;R. v. Kiley, 41 Cr App Rep 241 (1957); R. v. Bastin, [1958] 1 All Er 568, [1958] 1 WLR 413, p. 10 or edited an impressive total of 37 books.(24) Of these works, only three dealt fundamentally with law while most of the rest dealt primarily with Buddhism. Interestingly, the three law-related books, all of which were more in the genre of "true crime" stories than serious legal studies, were the first to be published.(25) Humphreys must have become increasingly interested in Buddhism as time passed.(26) ---------------------------------------------------- 42 Cr App Rep 75; R. v. Pilkington, 42 Cr App Rep 233 (1958);R. v. Hall and Others, 43 Cr App Rep 29 (1959); R. v. Attard, 43 Cr App Rep 90 (1958); R. v. Woodrow, Cooper and Harrington, 43 Cr App Rep 90 (1958); R. v. Chrimes, 43 Cr App Rep 149 (1959); R. v. Gammon, 43 Cr App Rep 155 (1959);R. v. Shacter, [1960] 2 QB 252, [1960] 1 All ER 61, [1960] 2 WLR 258, 44 Cr App Rep 68; Auten v. Rayner and Others (No. 2), [1960] 1 QB 669, [1960] 1 All ER 692, [1960] 2 WLR 562;R. v. Barnsley County Borough Licensing Justices; Ex parte Barnsley & District Licensed Victuallers' Association and another, [1960] 2 QB 167, [1960] 2 All ER 703, [1960] 3 WLR 305, 58 LGR 285; R. v. Davis, 44 Cr App Rep 235 (1960); United Dairies (London) , Ltd. v. Beckenham Corporation;United Dairies (London) , Ltd. v. E. Fisher & Sons, Ltd., [1963] 1 QB 434, [1961] 1 All ER 579, [1961] 2 WLR 737, 59 LGR 252, 125 JP 218;R. v. Madan, [1961] 2 QB 1, [1961] 1 All ER 588, [1961] 2 WLR 231, 45 Cr App Rep 80, 125 JP 246;R. v. Quinn; R. v. Bloom, [1962] 2 QB 245, [1961] 3 All ER 88, [1961] 3 WLR 611, 45 Cr App Rep 279, 125 JP 565; R. v. Carter and Another, [1964] 2 QB 1, [1964] 1 All ER 187, [1964] 2 WLR 266, 48 Cr App Rep 122, 128 JP 172. LEXIS revealed only two appeals from cases which Humphreys had heard as a judge: R. v. Lawrence and Pomroy, 57 Cr App Rep 64 (1971); R. v. Homett, [1975] RTR 256. Moreover, the LEXIS search unfortunately did not reveal any actual decisions written by Humphreys. This might not be unusual given the fact that decisions by the Central Criminal Court apparently are only rarely printed in the regular reporters or noted in the law journals and thus available on LEXIS. Finally LEXIS also revealed a case in which Judge Numphreys had submitted an affidavit supporting the view that Buddhism is a religion. In re South Place Ethical Society; Barralet and others v. Attorney General and others, [1980] 3 All ER 918, [1980] 1 WLR 1565, 54 Tax Cas 446. This case was heard several years after Humphreys had retired from the bench. 24. CHECKLIST, supra note 19; ANNUAL OBITUARY, supra note 19. 25. Even in his early law-related works, one can detect a certain Buddhist influence on Humphreys' thinking. A clear example is CHRISTMAS HUMPHREYS, THE MENACE IN OUR MIDST 35-36, 70-71(1933) wherein he refers to the doctrines of rebirth and of cause and effect viz., karma. 26. As his understanding of Buddhism increased, it no doubt had an effect on his approach to law. For instance, in 1933 Humphreys advocated certain forms of corporal punishment for young offenders. Id., at 97-98. Such a statement is, at first, rather surpri- p. 11 Humphreys fully embraced Buddhism while studying law at Trinity Hall, Cambridge.(27) His brother had been killed in World War I and this, no doubt, was a factor in Humphreys' spiritual search. Indeed, an early and painful encounter with death has awakened many people to the Buddhist perspective on duhkha(28). The history of Buddhism is filled with stories of people whose lives were greatly changed by the early death of someone they knew well such as a parent. In 1924, Humphreys was called to the bar as a member of Inner Temple. Inner Temple is believed to be the oldest, richest, and most exclusive of the four principal Inns of Court.(29) The fact that Humphreys was admitted as a barrister at this particular Inn bespeaks his elitist background and upbringing.(30) Indeed, despite his interest in Buddhism and other topics outside the mainstream of British life, Humphreys appears in many respects to have been an upper class Englishman in his outlook on life. ---------------------------------------------------- sing for a man who, decades later, would become known as a "gentle judge." Hence, Buddhism must have had a profound impact on his approach to the law. Incidentally, Humphreys' father, Sir Travers Humphreys, has been described as "a Victorian in his views on crime -- punishment prevents crime and comfort for prisoners increases it." UGLOW, supra note 20, at 265. Again, this is evidence for the transformation that Buddhism had on the younger Humphreys. 27. Before he entered Cambridge, Humphreys atended a so-called public school known as Malvern. While a student at Malvern, Humphreys first read about Buddhism. CIRCLE, supra note 19, at 29-32. 28. Duhkha in Sanskrit and dukkha in Pali is often translated into English as "suffering." FISCHER-SCHREIBER, supra note 5, at 96. However, the Buddhist term is broader than the English word "suffering" and can include minor discomfort as well as great sorrow. 29. A. SAMPSON, THE CHANGING ANATOMY OF BRITAIN 152 (1982). Abridged in MARY ANN GLENDON, MICHAEL WALLACE GORDON & CHRISTOPHER OSAKWE, COMPARATIVE LEGAL TRADITIONS 391 (1985) [hereinafter GLENDON]. See also ELIZABETH A. MARTIN(ED.) , A CONCISE DICTIONARY OF LAW 207 (2d ed., 1990) [hereinafter MARTIN]. 30. Although Humphreys and his father were both barristers and later judges, the family's connection with the law goes back even further. Humphreys' grandfather, great-grandfather, and great-great-grandfather had all been solicitors specializing in criminal law. COWPER, supra note 19, at 2; CIRCLE, supra note 19, at 19-20. p. 12 In the same year Humphreys organized what is now called the Buddhist Society, one of the oldest and largest Buddhist organizations outside Asia. Among other things, the Buddhist Society has promoted a lay, non-sectarian approach to Buddhism through its regular schedule of classes in London and its various publications, including a lively quarterly named The Middle Way.(31) Much like his father and forefathers before him, Humphreys was attracted to criminal law and this was the area in which he built his practice. In 1934, he became Junior Treasury Counsel, i.e., a prosecutor(32) at London's Central Criminal Court commonly known as "the Old Bailey."(33) In 1950, he became Senior Prosecuting Counsel and, in 1955, he was selected by Inner Temple as a Bencher, a principal officer of the Inn. The year 1959 saw Humphreys taking silk i.e., appointed Queen's Counsel. This meant that he had to do more criminal defense work (instead of the prosecution cases he preferred) because he was no longer considered as being junior to the Attorney General. ---------------------------------------------------- 31. The journal derives its name from the notion that Buddhism is a middle way (Sanskrit: madhyamaa-pratipad; Pali: majjhimapaatipadaa) between extremes such as hedonism and total denial. FISCHER-SCHREIBER, supra note 5, at 226. 32. For some of his views on how a prosecutor should function, see Christmas Humphreys, The Duties and Responsibilities of Prosecuting Counsel [1955] GRIM. L.R. 739. A condensed version of this article can be found in GLENDON, supra note 29, at 522. Even while serving as a prosecutor, Humphreys would apparently defend some criminal cases as was common with barristers then. CIRCLE, supra note 19, at 67. 33. This famous court is the Crown Court for London. It currently has some original jurisdiction along with some appellate jurisdiction over magistrates' courts. PHILIP S. JAMES, INTRODUCTION TO ENGLISH LAW 39--40 (12th ed. 1989); R.M. JACKSON, THE MACHINERY OF JUSTICE IN ENGLAND 210 (7th ed. 1977). Reprinted in GLENDON, supra note 33, at 307. See also BERNARD O'DONNELL, THE OLD BAILEY AND ITS TRIALS (1950). In other words, the Central Criminal Court is essentially a trial court for serious crimes like rape or murder which would normally be classified as felonies in the United States. Appeals from the Central Crimianl Court are presently heard by the Court of Appeal. In contrast to most cases before the Central Criminal Court, quite a few of the Court of Appeal's decisions are reported. p. 13 Humphreys' first taste of what it was like to be a judge came in his experiences as a Recorder, a sort of part-time magistrate with limited judicial functions.(34) He was a Recorder for Deal, Kent from 1942 to 1956 and for Guildford, Surrey from 1956 to 1968. He also served as Deputy Chairman of the East Kent Quarter Sessions from 1947 to 1971. In 1962 Humphreys was appointed a Commissioner(35) at the Old Bailey. He became an Additional Judge(36) at this same court in 1968, and he served on the bench at the Old Bailey until he retired in 1976. Among the highlights of Humphreys legal career was his involvement(37) in the Tokyo war crimes tria1.(38) Once the proceedings were over, Humphreys traveled throughout Asia meeting various Buddhist leaders. His ties with Buddhist leaders in Asia no doubt encouraged him to later serve as a Vice President of the WFB(39) and to support the Dalai Lama's government-in-exile.(40) After returning to England, Humphreys became involved as a prosecutor in a series of controversial murder cases which stands out from the more than 200 murder cases in which he was somehow involved during the course of his long legal career. The first of these were the Evans-Christie cases, which were followed by the Ellis case.(41) ---------------------------------------------------- 34. MARTIN, supra note 29, at 341-342. 35. This post appears to be similar to that of a per diem judge in the United States. See W.J. BYRNE, A DICTIONARY OF ENGLISH LAW 202 (Fred B. Rothman, 1991) (1923). 36. This is a permanent post. 37. Humphreys claims to have kept a relatively low profile at the trails because he was also meeting with Japanese Buddhists in his spare time. CIRCLE, supra note 19, at 134. 38. Complete lists of prosecutors and defense counsel are available in 5 R. JOHN PRITCHARD & SONIA MAGBANUA (EDS.), THE TOKYO WAR CRIMES TRIAL: INDEX AND GUIDE (1981). 39. The WFB is presently based in Bangkok, Thailand. 40. The Dalai Lama's government-in-exile is based in the northern Indian town of Dharamsala which is located in Himachal Pradesh. 41. For some information on these three cases, see Evans, supra; JAMES B. CHRISTOPH, CAPITAL PUNISHMENT AND BRITISH POLITICS: THE BRITISH MOVEMENT TO ABO- p. 14 The Evans case resulted in the hanging(42) of an illiterate (and apparently mentally retarded) man, Timothy John Evans, on March 9, 1950 for the murders of his wife and child. What is more disturbing is that several years after his execution, new evidence appeared during the trial of Evans' neighbor John Reginald Halliday Christie, a former policeman. This evidence seemed to indicate that Evans had been innocent at least as far as his daughter was concerned.(43) Evans was, in fact, posthumously pardoned. The true murderer of Evans' child (and possibly his wife) appears to have been Christie. Eventually, on July 15, 1953, Christie was hanged as well. The Ellis case involved one Ruth Ellis who admitted in open court that she intended to kill her (possibly abusive) lover, David Blakely. Although Ellis was clearly guilty, the idea of hanging an attractive young woman, which took place on July 13, 1995, was felt to be nearly as revolting as the hanging of an innocent man. These cases together mobilized opposition to capital punishment in Britain. ---------------------------------------------------- LISH THE DEATH PENALTY 1947-57(1962), at 100-108, 198-199 [hereinafter CHRISTOPH]. For the Evans case, see also, RUTH BRANDON & CHRISTIE DAVIES, WRONGFUL IMPRISONMENT: MISTAKEN CONVICTIONS AND THEIR CONSEQUENCES passim (1973). The Ellis and Christie cases were apparently never reported in regular British law reports. Nevertheless, these cases did inspire a couple of British films that have been released on video in the United States. The first was based on both the Evans and Christie cases. 10 RILLINGTON PLACE (Columbia Pictures 1970) [hereinafter 10 RILLINGTON PLACE]. The Ellis case served as the basis for DANCE WITH A STRANGER (Vestron Video 1984) [hereinafter DANCE WITH A STRANGER]. Humphreys' role in the trial of Evans was a relatively minor part of 10 RILLINGTON PLACE, id The trial in the Christie case was not featured in the film. Furthermore, there were no courtroom scenes at all in DANCE WITH A STRANGER, id. 42. Capital punishment for murder was suspended and then abolished in England over two decades ago. Capital Punishment [1970] GRIM. L.R. 65. A move to restore the death penalty was defeated in Parliament in 1982. TOM SORELL, MORAL THEORY AND CAPITAL PUNISHMENT 30-55(1987) [hereinafter SORELL]. 43. There is some confusion about whether the wife and daughter were killed by the same person. SORELL, supra note 42, at 47, 54; CHRISTOPH, supra note 41, at 100-102. The story presented in 10 RILLINGTON PLACE, supra note 41, had Christie murdering both the wife and the baby daughter of Evans. Evans was portrayed as being completely innocent albeit both confused and rather simple. p. 15 Humphreys preferred to work as a prosecutor because he believed that witnesses for the prosecution were far more likely to tell the truth or to attempt to do so, than withnesses for the defense. He felt that as a prosecutor it was his task merely to establish guilt. Sentencing was, of course, a matter for the judge. To Humphreys, it was karma that had made him a prosecutor just as it was karma that had lead criminals to commit crimes. Later, it would be karma the saw Humphreys as a judge. Humphreys stated that the reason for his being able to accept a permanent judgeship in 1968 was that England had suspended the death penalty by that time.(44) To some Humphreys' understanding of karma in all of this might seem like a mere rationalization. Nevertheless, he had a deep interest in karma. In fact, one of his books dealt with the concepts of karma and reincarnation.(45) In any event, once Humphreys joined the bench, he quickly established a reputation for being a "gentle judge."(46) He found sentencing to be an ordeal because it meant adding to the suffering of the criminal as well as making matters worse for the criminal's family, friends, and others. As a result, he tended to be lenient in his sentencing. He believed that long sentences were normally counterproductive. Humphreys' lenient sentences would sometimes stir up prosecutors, but the most trouble came from the press.'7 In June 1975, Humphreys passed a lenient sentence on a young black man who had plead guilty to rape. ---------------------------------------------------- 44. Presently, the only capital crime in England is treason. P.H. COLLIN ET AL, PONS FACHWOERTERBUCH RECHT: ENGLISCH-DEUTSCH; DEUTSCH-ENGLISCH [Pons Legal Dictionary: English-German: German-English] 41 (1990); DAVID M. WALKER, THE OXFORD COMPANION TO LAW 184 (1980). 45. CHRISTMAS HUMPHREYS, KARMA AND REBIRTH (The Wisdom of the East Series, 1959) (1943). For better or for worse, the influence of the early Theosophical Society movement is apparent in this work. In other words, some Buddhists would take exception to certain of Humphreys' descriptions. 46. See generally supra note 19. 47. This account is based mostly on COWPER, supra note 19, at 2. p. 16 The man was eighteen years old and had actually raped two women at knife-point. Humphreys sentenced him to a six months' suspended sentence. The media, which was apparently faced with something of a lull in the news, played up the sentencing.(48) Adding to the public outcry was Humphreys sentencing a few days later of a man who had cheated his employer of 2,000 pounds. That man was jailed for eighteen months. The whole affair ended about six months later when Humphreys was asked to resign. Humphreys' judicial career was thus over in 1976. He devoted the last few years of his life to Buddhist activities and remained president of the Buddhist Society until his death in 1983. IV. Conclusion The private religious views of judges can have an impact on judicial behavior. The life of Christmas Humphreys shows how a committed Buddist was able to draw upon his values while functioning in the modern legal system of an increasingly secular yet essentially Christian society. Although certain events during his career as a prosecutor were controversial and although likewise his later career as a judge featured some judgements that were controversial and perhaps occasionally unwise, Humphreys did, in this writer's view, manage, for the most part, to successfully instill some heartfelt compassion into his courtroom. He worked effectively as a Buddhist within a decidedly non-Buddhist framework. Humphreys can thus serve as a positive role model not only for present and future Buddhist judges, but also for others who wish to inform jurisprudence with spirituality, wisdom, and compassion. ---------------------------------------------------- 48. Humphreys relates that he had even fined some rapists earlier, but that these cases had received no close media coverage. CIRCLE, supra note 19, at 241.