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THIS IS AN ABYSS OF LEGISLATION 
1st-Aug-2006 03:53 am
Reborn - Yamamoto CHIBITA
This is what I wrote for the first essay on my Company Law exam. "The issue as to whether a shareholder may bring an action against a company is characterised by an abyss of litigation. Practitioners and undertakings alike are jaded by the endless barrage of cases and legislation that serve more to complicate as opposed to clarify." It's essentially what I wrote, and I would have gone on to write, "If Parliament intends to avoid the lukewarm response evoked by its reforms on directorial duties, it should carefully examine the changes it proposes to make, to ensure that the subsequent legislation proves more a cause for celebration than for regret." But I had to go on to the rest of the essay, and if you're sitting there reading this and shaking your head, I just write this badly when I'm this happy!



I wrote that for that exam because it had the worst questions I'd ever seen, and the best way to describe the state I was in after that exam is Eldrant!Asch in the Senketsu no Asch way, a condition that was shared by just about everybody who took that exam. The first question I answered had to do with reforms on shareholder litigation, and during lunch G, A and I unanimously agreed that the reforms were utter 屑, 屑 and more 屑 (utter rubbish, which technically justifies a scathing tone). And we were all "WE WILL STOP TALKING ABOUT LAW", and then five minutes later we would be right in the middle of a discussion on companies' objects clauses and what the existing case law proved.





So high now because I was just talking to my university about matriculating, and over breakfast I was thinking about how I can't wait for university to begin again, despite the fact that once school begins I will be buried under an avalanche of readings, and probably be as frustrated as Asch (he IS frustrated!) over all the dissenting opinions and legal principles (I can remember cases but not principles, that's why I'm better at writing essays than I am at problem questions). Oh and in a totally irrelevant comment, my university offered Japanese Civil Law, but there were other things I had to/wanted to take. But the problem questions were HILARIOUS if only for the fact that they were so sterile. "A and B have a problem, how do you solve it." Please, even the most basic law problem questions give us actual names! It's not like the students would have difficulties with Japanese names, or would they.

I was calling up my university to check on matriculation details and to ask if they had the reading lists ready yet, even though it's two weeks before university begins. (Hey, I had enough holiday reading homework for the past three years to KNOW that there are reading lists, man, especially those where you don't yet know anything about the course and the reading list says, "I suggest you read this this and this TEXTBOOK as good GROUNDING for the subject") So I ran off to the library before I ran off to Japan and borrowed what I could, and really wanted to bring my self-imposed law readings to Japan except I realised I probably would not actually read them, but it is nice to have them there. This despite the fact that for my Biotechnology Law course I will be having an exam on my birthday, but I really, really, really wanted to take that course so I had no choice, but I'm still so happy about being able to take it (maybe until I meet the teacher), and the other IT Law course I'm doing is 100% coursework (I HATE COURSEWORK! More than I hate Mr. Grumpy Pants! Coursework can't be slashed with anything, and I prefer all-exam modules).



And I know studying law can be one hell of a drag sometimes, but sometimes it is just so fun?



You can laugh so hard at the cases (I swear I'm not that insensitive, but it is just FUNNY sometimes) - okay, when I was doing Evidence last academic year we had a section on different types of evidence, one of which is eyewitness evidence. It's the most unreliable of all the kinds of evidence, precisely because sometimes what you think you see is not at all what you really saw. This was utterly peripheral to what I was doing, but I read it because it was so funny! There are classic cases of mistaken identity, and my favourite case is the case of Luke Doherty (... well, his name only had very little to do with why I'm so interested in his case), who was convicted of theft not once but TWICE, because there evidently was a guy who looked EXACTLY LIKE HIM running around who was incredibly interested in stealing things from other people. The poor man was conclusively identified by four and subsequently six eyewitnesses in two identification parades, and he was completely innocent. He was on a bus with about a hundred other people at the time when his double was off stealing things, and while the IT WASN'T ME excuse is always the first defence of choice where it is even remotely plausible, I can't help but be concerned over cases like Luke's, where it REALLY WASN'T HIM, but there's no proof that it wasn't, and the officers will probably think he's lying in any event, so there is no way to prove you're innocent even when you are.

That's why I like criminal law so much, because it's so fascinating. You get some of the best excuses people have ever come up with, and while my favourite is IT WASN'T ME IT WAS MY REPLICA, a second favourite is this one. This defendant was convicted of stealing valuable items, and his defence was I THOUGHT IT WAS GARBAGE. *buries head in hands* If it was garbage, WHY were you sneaking around with it? I didn't know that dealing with garbage had to be such a surreptitious activity. XD





Still so happy about university despite the fact that I really am going to school with Largo and Regret and MY FAVOURITE PERSON AND HIS REPLICA, FOR REAL. I was so horrified when I was looking at the class lists and was OH NO OH WAIT OH NO, OH WHAT?! THERE ARE TWO OF HIM?! Because I met said person while pursing my other option at Niisan's university, and he is brilliant, and he deserves the grades he gets because he is so good (his essays are amazing. I sit there and react the way I did when I saw SY's fic for the first time, by subconsciously banging my head against the wall and going GOD WHY ARE YOU SO GOOD). And while some part of me is quite glad that he will be in the same class as me because I know that the discussions have the potential to be very interesting, another part of me is saying You mean, when he isn't frustrating both the teacher and the entire classroom.





Actually, even though I was utterly miserable for a long period of time when studying for my exams (my Lifestream, you rule, I couldn't have made it through the exams without you), the actual learning itself was intensely fun. This is like whenever I make a costume and swear Oh God, never again, even while planning what I want to do for the next event. I had to swear off Asch/Luke for a significant period of time because when I was studying Intellectual Property Law, it annoyed me to no end to find THIS in Indian trademark law (comparative studies of different approaches to trademarks) - "A mark does not need to be a perfect replica to infringe on the original". I ran off into the arms of Jade/Dist, even though trademark law is chiefly concerned with a mark's distinguishing function, and yes, I do notice those things when I write them, because I am always up to this sort of disturbing behavior. Very ironic that the subject I did best in should be one that's dedicated to protecting originals against the threat of replicas, but IP law really isn't that simple, and in many cases the replica has just as much a right to exist as the original. Heavens, you see so many cranky originals running around in IP law yelling INFRINGEMENT at the smallest thing. Sometimes I get all =__=;; at the kind of thing that happens in IP law and I make summaries of judgements in l33tspeak, because it amuses me. But what I really, really love about IP law is the fact that everyone has an opinion on it, and you don't even need legal training to be able to speak coherently about it.



One of my favourite discoveries about law is how everyone can talk about it, it doesn't matter if you have legal training or not. In fact, I like to talk about law to people without legal training precisely because their insights are so refreshing, and come without a lot of the prejudices that sometimes attends practitioner assessements. I like people to be unafraid to say that lawyers are utterly unnecessary. There was once we were having a farewell dinner before I had my IP law exam, and somehow me and my non-IP friends got to talking about IP law, and we spent an entire hour after lunch talking about IP law. You'd be amazed at how fast people can pick up the concepts, and talking about it really really made me realise how happy I was doing this, and how much fun it was. Ordinarily I don't talk about law a lot, but if there's one thing you learn when you study law, is that it's all about exceptions. *grin*



One thing I really loved about IP law were my teachers. My first teacher, who taught us copyright, talked about intellectual property the way I talk about KKM, and it was just such utter joy to come to school and be taught by someone who was so obviously passionately in love with what she was doing. She was American and her grasp of British law concepts could definitely have been better, but her sheer enthusiasm was utterly contagious, and I looked forward to her lessons every single week. That's why I sometimes get so mad when people say teachers don't make a difference, because they do, they really, really do, and the sad thing is that you need to be allowed the gift of a truly great teacher to be able to tell the difference.

You can imagine the difference between a good teacher and a bad one, but there is nothing that compares to being taught by a truly great teacher, nothing. You look forward to coming to school, you're happy doing all the work, and you just feel like you're really being stretched and challenged and changed, just by contact with that teacher. And in my life I have had the privilege of being taught by some truly amazing teachers, and it is true that without them I could not have done what I did. So that makes me doubly grateful to them, and this also means I need to talk about my JC teachers one day, because they truly changed my life and the way I thought and everything, and no matter how much I thank them I can't thank them enough for all they've done.
Comments 
1st-Aug-2006 04:53 am (UTC)
It's amazing how you can involve fandoms in law! Or sneak them in, into your essays and such! Meanwhile, it's really nice reading you talk about law as I can feel the enthusiasm you talk about it!
1st-Aug-2006 07:20 am (UTC) - I think this icon is definitely for you *grin* The one I'm using now.
XDDDDD It is so disturbing when I involve fandoms in law because I can see it EVERYWHERE. I can see FFAC everywhere, too. IT WOULD DISTURB ME IF I WASN'T HAVING SO MUCH FUN. XDDDDD I wouldn't ordinarily sneak them into essays, but that exam REALLY PISSED ME OFF and so I was 'OKAY IF I'M GONNA MESS IT UP, I MIGHT AS WELL HAVE SOME FUN' and threw in all the Abyss that could BECOME ONE with Company Law.

*smiles!* XD Thank you so much! ; ) I mostly try to keep the law talk in, but sometimes I get so happy that it's hard to contain. :D :D :D
1st-Aug-2006 07:02 am (UTC)
*smiles* I think you'll be disappointed by the teachers here.

In any case, no, we don't get reading lists until school starts. Do you want my reading lists and notes for Land Law and Consti? Your lists may or may not be shorter -- mine were full 8 credit modules and therefore technically involve more work. Technically.

:D Aren't you glad to find out that objects clauses are not mandatory here? s25, Companies Act. There's no such thing as ultra vires. (Almost.)
1st-Aug-2006 07:18 am (UTC) - HIIIII YOU *BEAMS*
HELLO THERE, YOU. XD I was just thinking of you! Got you the prettiest Rufus doujin I could find in Japan. (Which actually means that the rest of them were... I SHALL LEAVE IT TO YOUR IMAGINATION...) I hope you won't be too disappointed! *grin*

Heheheheh. xD *grin* I was half-expecting to be disappointed already, but hey, THIS UNIVERSITY HAS YOU. That's something that can't be beat. *grin* I was just thinking about how glad I was to be able to get to go to uni with you, even if we won't be taking classes together, CRIES.

XDDDD Would you believe I called up the uni this morning to ask them if the reading lists were out yet? Methinks the lady who took my call was amused. XD AH! I'd actually love to take a look at your reading lists, if it isn't too much trouble? ; ) Let me know when/what's good for you. *smiles* And let me know if I can hand you any KH anything in return. ♥ I COULDN'T FIND KH DOUJIN IN TOKYO IT WAS ALL SOLD OUT WHEREVER I WENT?! In the doujin shops, that is. I KNOW IT EXISTS ELSEWHERE, but I couldn't be there for Comiket because I have to matriculate in uni, and sadly, that has to come first.

XDDDDDDDDDDD I AM GLAD!!! But ALAS I AM NOT TAKING COMPANY LAW as I took it already! XD I still want to crash lectures, though, I think it'll be GOOD FUN. XD

Very technically in the UK objects clauses don't matter very much anymore. XD They used to matter, but increasingly the caselaw says it doesn't matter all that much. (essentially. XD)

1st-Aug-2006 07:27 am (UTC) - Re: HIIIII YOU *BEAMS*
OMGOMGOMGREAAAAAAAAALLY? :DDDDDDDDDDDDDDDDDDDD *GLOMS YOU SO HARD*

*giggles* This university is rather sad and... well, some of the teachers are really good. Some have been infected by the general lack of interests that students here display and have become lack lustre themselves. But I suppose that's true of all unis...?

I'm very, very, very, free. I'm very, very, very bored. *cough* You're not the only one itching for reading lists. Any time this week except friday evening is good (generally, lunch better than dinner.) KH stuff all sold out? :D;; Wowness.

Do you have an IVLE log in/password yet? I just picked up some introductory and schedule stuff from my workbin today.

*grins* I've read UK textbooks going into terrible and elaborate detail about objects clauses, and we all go PISH NO OBJECTS CLAUSES FOR US YEY! XD
1st-Aug-2006 07:51 am (UTC) - XDDDDDD And Reno in his birthday suit!
HAVE ANOTHER ICON ABOUT REDHEADS IN COMPROMISING SITUATIONS. XDDDDDDD

I WAIL at the FFAC doujin. WHY COULD I NOT BUY THEM ALL. Also I wish there was more Turk doujin. There seemed to be more Reeve/Tseng or Tseng/Reeve than I expected. o.O

OMGOMGOMGREAAAAAAAAALLY?
XDDDDDD BUT OF COURSE! I promised I'd bring you Rufus doujin. xD The one I have got is seriously the best I could find. I didn't manage to actually post you a postcard from Japan, but I DID get postcards, and I COULD POST THEM FROM HERE ;D :D ;D TRULY INTERNATIONAL POSTCARDS, THOSE. XD

Actually that was the same in the UK, too. About 60% of the teachers were mediocre to passable, 10% were TRULY BAD, 10% were VERY VERY VERY GOOD BUT also VERY VERY SCARY and EVIL and the spawn of Jenova if not Jenova herself, and 20% were VERY GOOD. Although I think the problem wasn't so much in the teachers themselves, but rather that we didn't have enough teachers and as a result, the teachers were forced to teach subjects they didn't particularly like or fell outside their interests. Not their fault, really. And some of them were PhD students teaching. BUT WHY was it that some of the PhD students were SO VERY VERY GOOD and others were SO BAD.

:D :D :D LET'S GO HANGOUT THEN! XD Thursday maybe? :D Or Friday during the day? We did want to go down to KKnM, after all. XD

XDDDD KH STUFF ALL SOLD OUT, MAN. There was the section there, all right, but nothing in it, and even the staff said so. I'd have to go right to the source to get them, and WAHHH uni got in the WAYYYY.

XD I don't have a password/login yet, the admin says that that'll all come when I matriculate on the 10th/11th. I am so gonna be first in line to matriculate, darnit, I can't wait to learn the library system and learn how to find cases and everything! I know how long it took me to get a good handle on the classification system in my old library, and I cannot possibly get started early enough. *grin* BUT MAAAAAN, you know what I do? I just run around libraries here picking up anything that seems remotely related to what I'm doing. I am so sad that I extended my library loan quota not for my own stuff BUT FOR LAW I AM A DORK, and I have this stack of books that I should read but OOOOH LJ IS SO FASCINATING. XDDD *laughing*

OH MY HEAVENS 25% of my Company Law exam WAS ON OBJECTS CLAUSES. AND I DID THE QUESTION. IT MADE ME SHRIEK. This is like taking FFAC as a module in the School of Fandom, and 25% of the exam comes out on... I don't know, Cait Sith's PONYTAIL.
1st-Aug-2006 10:29 am (UTC) - And Tseng does not approve. Or is he leering? XD
ZOMG RUFUS. RUUUUUUUUUFUS. \^_________________^/ (You have no idea how much you've just made my day. Week. Month. Or maybe you do XD)

JENOVA SPAWN. I can think of a few teachers who match that description XD. Remind me to tell you which teachers to AVOID LIKE PLAGUE. For Land Law? I'm not sure if I told you, but following what the course convenor says? Can fail you. I KID YOU NOT.

Thursday is good! Lunch? KKnM?

Oh, the library's still moving, so I can't show you around. I'm sure they'll give you (and hopefully us) a library tour when it's moved :D. The textbooks are pretty easy -- they're arranged by subject. I normally just hit up the catalogue and take a look at the call number and go to the relevant shelf. (So much better than Stockholm zomg, which was by AUTHOR. I combed the entire law books section so many times for each different topic x_x). I'll pass you notes! :D Then at least you can read knowing that you're reading stuff that is relevant and not randomness XD.

Do you know where to get statutes and stuff?
1st-Aug-2006 08:32 am (UTC)
I think you've proven more than once how Law is related to Abyss or viceversa somehow XDDD

*HUGS* THANKS FOR THE GREETING BTW!
SO I HEARD THERE'S SOMETHING ABOUT DOUJIN??? 8DDDD *bricked*

Enjoy there! Master misses cheegle so ;___;
1st-Aug-2006 08:44 am (UTC) - So you're still in Japan? :O
Seems like your teacher was really inspiring. :D! Shame that I haven't met one like yours yet, sigh. It'd be nice to meet a teacher who loves Abyss too wtf

Now whenever I think about law, Gyakuten Saiban pops up in my mind. XDDD I'm sure it's much broader than that, though.

1st-Aug-2006 10:47 am (UTC)
trademark law> the common benchmark is confusion. not so much how alike or replica or otherwise, but if an average person goes out to the shops and the two marks are side by side, would that person mistake mark A as a product/service related to mark B.

loves ip law, at least, it seems to have stuck rather thoroughly in the brain! *grins at you*

banking law now.... >.>
1st-Aug-2006 01:59 pm (UTC)
xD You talk like my sister (also in law).

I think she might have references Xenosaga in one of her papers for philosophy o.o

That's it, I'm bypassing college and living off knowledge I get from videogames 8D
1st-Aug-2006 04:18 pm (UTC)
your essay sounds mighty impressive!! ^____^ Welcome back! Will be cool to see you in school!
3rd-Aug-2006 09:20 am (UTC)
Why is it that I now feel that if I did Law I'd be in the IN-group? D:

It's interesting how you mention about IP in this post and your post following after is about a layout thief.... (Yes, I'm catching up on LJ. Rather slowly.)
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