breaking all your laws, one at a time. (aefallen) wrote,
breaking all your laws, one at a time.
aefallen

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THIS IS AN ABYSS OF LEGISLATION

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.
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