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BROWN, WILLIAM JETHRO (1868-1930), jurist,
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son of James Brown, was born at Mintaro, South Australia, on 29 March 1868.
He was educated at Stanley Grammar School, Watervale, South Australia, and after
teaching for a while in state schools, proceeded to St John's College,
Cambridge, where he graduated in 1890 with a double first class in the law
tripos. He was called to the bar of the Middle Temple in 1891 and elected
Macmahon student at St John's College in 1892. In 1893 he was appointed
professor of law and modern history at the university of Tasmania and held this
position until 1900, except that in 1898 he acted as professor of law in the
university of Sydney. In that year he published as a pamphlet Why
Federate, which had been read before the Australasian Association for the
Advancement of Science. It was a critical year for the cause of federation, and
Brown did good service in pointing out that the difficulties were mostly of a
mechanical character. In 1899 appeared his thoughtful study The New
Democracy, and in 1900 he left Australia to become professor of
constitutional law and history at University College, London. In the following
year he was appointed professor of comparative law at the University College of
Wales. He was examiner for the Cambridge law tripos from 1902 to 1905, and for
the university of London from 1905 to 1906. In 1906 he became professor of law
at the university of Adelaide and held the position for 10 years. His The
Austinian Theory of Law, an edition with critical notes and excursus of
lectures I, V and VI of Austin's Jurisprudence and of his Essay on the
Uses of the Study of Jurisprudence, was published in 1906 and has since been
several times reprinted. In 1912 appeared The Underlying Principles of Modern
Legislation, which was welcomed as a real contribution to political thought.
The fifth edition appeared in April 1917. In this volume Brown points out that
the likelihood of greatly increased state activity in the future throws a great
responsibility on the teacher and the brains and character of the community; and
that problems will arise that will demand enlightened statesmanship no less than
reforming zeal. Brown did not attempt to set out his own view's on the
settlements of particular problems. The book was planned as a university
textbook, and he held that the writer in a book of that kind "ought to be
careful in expressing personal opinions about problems of which the precise
solution is very debatable". In his next volume The Prevention and Control of
Monopolies, he is more constructive, but always endeavours to hold the
scales evenly. In 1916 he was appointed president of the industrial court of
South Australia and showed great industry, courtesy and ability in carrying out
his duties. His experiences as chairman of the sugar commission in 1912-14 and
on other occasions as chairman of the price regulations commission, the
foodstuffs commission, and the gas commission, enabled. him to gain much
knowledge of the conditions in industry. His health, however, began to fail and
in July 1927 he resigned his position. He died at Adelaide of pneumonia on 27
May 1930. Brown held the LL.D. degree of Cambridge, and received the degree of
Litt. D. from the university of Dublin for his The New Democracy. He
married in 1900 Aimée Loth who survived him with a son. In addition to the works
mentioned, Brown contributed a long essay "The judicial Regulation of Industrial
Conditions" to Australia, Economic and Political Studies, edited by
Meredith Atkinson. He also wrote largely for the reviews, including the Law
Quarterly Review, the Hibbert Journal, the International Journal
of Ethics, the Westminster Review, the Independent Review, the
Juridical Review, the Columbia Law Review, and the Yale Law
Journal.
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