mcgillianaire (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
mcgillianaire) wrote2008-09-30 11:20 pm
mcgillianaire) wrote2008-09-30 11:20 pm
Entry tags:
- law,
- law school,
- uni
New Beginnings - Thoughts After Nearly Two Weeks of Law School
I have officially finished two weeks of lectures and tutorials. Next stop, the English Legal System Test on Friday. Fifty multiple-choice questions testing our fundamentals, including the basics of Statutory Interpretation and the Doctrine of Precedent.
What has really impressed me these first two weeks is the way in which English law is interpreted by lawyers and judges. I used to think it was quite easy to find relevant laws thanks to e-governance and modern database systems. I've come to realize just how difficult it can be just to find a relevant law. Assuming one were skilled enough to do that, the next task would be to find the relevant provisions in the law or case and interpret it in a way that convinces the judge/jury. I never realized just how many different ways the law could be interpreted. It is precisely this ambiguity and choice of interpretation that makes the law so interesting, yet challenging.
The other thing about the law that I am really looking forward to is its applicability to everything in life. English law has become so pervasive that it can be applied to anything. Even if no statutes or local cases exist to guide the courts on a particular issue, there are still other ways for judges to reach a decision. For example, it is becoming increasingly popular for English judges to look abroad (particularly at other common law jurisdictions) for persuasive judgments to influence local cases. Such foreign judgments are not legally-binding, but through their persuasive influence in a local case, could contribute to the creation of a domestic binding precedent.
I am also excited at the prospect of being paid to accumulate general knowledge. Perhaps the coolest aspect of reading a given case is the opportunity to learn all kinds of new things about the way the world works, without resorting to an encyclopedia or venturing beyond one's own field of work/study. For example, say there's a case about some chemical leakage between two separately owned properties. The law report about that case contains incredibly precise information about the scientific principles involved in chemical leakage, as well as carrying a story-like section written by the judges explaining their legal reasoning for the decision and other persuasive details that one day may contribute to the establishment of a new binding precedent. Or they maybe a case about a potential clinically negligent doctor who was not the cause of a patient's death, because the patient had just arrived from the scene of a horrific accident. Again, the law report would begin with all sorts of fascinating scientific explanation, followed by the binding legal reasoning and persuasive comments. In other words, no two cases will ever be the same even if they invoke the same statutory provisions and case-law.
English law is in a constant state of flux. That is a great thing because it means I will hopefully never ever become bored of it, and through its umbilical relationship with society, I will forever be forced to keep up with all the changes - scientific, legal and/or otherwise!
What has really impressed me these first two weeks is the way in which English law is interpreted by lawyers and judges. I used to think it was quite easy to find relevant laws thanks to e-governance and modern database systems. I've come to realize just how difficult it can be just to find a relevant law. Assuming one were skilled enough to do that, the next task would be to find the relevant provisions in the law or case and interpret it in a way that convinces the judge/jury. I never realized just how many different ways the law could be interpreted. It is precisely this ambiguity and choice of interpretation that makes the law so interesting, yet challenging.
The other thing about the law that I am really looking forward to is its applicability to everything in life. English law has become so pervasive that it can be applied to anything. Even if no statutes or local cases exist to guide the courts on a particular issue, there are still other ways for judges to reach a decision. For example, it is becoming increasingly popular for English judges to look abroad (particularly at other common law jurisdictions) for persuasive judgments to influence local cases. Such foreign judgments are not legally-binding, but through their persuasive influence in a local case, could contribute to the creation of a domestic binding precedent.
I am also excited at the prospect of being paid to accumulate general knowledge. Perhaps the coolest aspect of reading a given case is the opportunity to learn all kinds of new things about the way the world works, without resorting to an encyclopedia or venturing beyond one's own field of work/study. For example, say there's a case about some chemical leakage between two separately owned properties. The law report about that case contains incredibly precise information about the scientific principles involved in chemical leakage, as well as carrying a story-like section written by the judges explaining their legal reasoning for the decision and other persuasive details that one day may contribute to the establishment of a new binding precedent. Or they maybe a case about a potential clinically negligent doctor who was not the cause of a patient's death, because the patient had just arrived from the scene of a horrific accident. Again, the law report would begin with all sorts of fascinating scientific explanation, followed by the binding legal reasoning and persuasive comments. In other words, no two cases will ever be the same even if they invoke the same statutory provisions and case-law.
English law is in a constant state of flux. That is a great thing because it means I will hopefully never ever become bored of it, and through its umbilical relationship with society, I will forever be forced to keep up with all the changes - scientific, legal and/or otherwise!