ABSTRACT
This chapter and this book examine secrecy not only in law but also in other areas of public and social life. Secrecy intersects many areas of law and society. The chapter begins by exploring where and how secrecy manifests in the law. Secrecy in legal proceedings can arise via the operation of various evidential privileges, through court orders for secrecy (such as closed court or non-publication orders), or in the use of secret (ex parte) evidence. Next, the chapter looks at the operation of secrecy in law and society by exploring the secrecy, transparency dyad. It examines sociological approaches to secrecy, considering, among other things, organisational secrecy, and some normative or ethical concerns with secrecy. The chapter also sets out the structure of the book and provides brief summaries of each contribution, which are grouped into four parts, considering: secrecy and security, open justice and procedural fairness, the right to know, and secrecy and society.
