The problems with a limited government

After almost a month of classes, I have come to the conclusion that life would be so much easier for us exchange students if the Americans would simply do away with their federal system and replace it with one central government- and a statement of positive rights. No more "well, there's not much uniformity amongst the states," "there's simply no basis in our constitution for a Soering-type case," "that would exceed the federal government's powers," or "as the dissent states, the only way this scenario can really be considered to fall within this Amendment is if the words are tortured beyond recognition." I understand, of course, that all of this is simply the inevitable consequence of studying in one of world's most famous federations, and, despite my turn as devil's advocate in class today, I do believe that the US system on the whole balances power very well, but nonetheless the OCD, traditionalist student in me has begun to cry out for rules- any rules! Not so much in Comparative Constitutional or American Legal History, which are clearly theoretical, seminar-based classes, but in Mental Health and Family Law I find it very hard that most classes are spent in discussion, with very little writing down of hard facts.
It's a different way to learn, I know, and I do enjoy it (particularly CCL, which I led for the first time today, and loved), but I am finding the lack of hard legal rules in the two classes which I feel really need them, well, kinda disturbing. I haven't yet looked up a Family past exam paper, but I am getting worried- the JD students had some fun sharing horror stories with us this morning. And yes, of course I realise that due to the division of powers, the only way I could get lists of rules upon rules is if I were to study on Connecticut law, which would happen (for good reason) only after taking the Bar. But, as Siobhan said, I do wonder how the Americans cope coming into the English system.

If nothing else, at least nationalism would lead to standardised TV programing. The TV in my apartment is finally up and running (I want to carry on from this by grumbling and growling about my landlords, but I will be mature...), and I must have spent a good 30 minutes trying to work out which random collection of letters and numbers represented which channel. I can now find CBS, Discovery, CNN, and the BBC, and I got to watch the latest trashy episode of my favourite trashy show this evening, but I have a feeling the TV saga may continue...

Patriotism, Intellectualism, and Beer

Here's an odd fact. For the past 5 years or so I have explained to anyone who's interested that America is 'a completely different culture.' This was the basis of my Study Abroad application- America might be a close cousin to England, but in many ways the culture is very very distinct, and it's the similarities between the countries that makes this distinction all the more obvious. And yet, knowing this, and indeed often celebrating it, now that I'm in the USA proper I still find it very strange. There are little things- spellings, phrasing, the expectation of class participation- and then there are the big ones. Like the serious politicisation of almost every area of public life, and the up-front, confrontational attitudes. In particular what has struck me are the high levels of patriotism and ethno-centric attitudes. Pub joke stereotypes, I know, but nonetheless very real, and very prevalent. I am studying in a North Eastern University, in one of the most liberal states in the country, and yet not a class has gone by in which my liberal haunches have been raised. Perhaps the most obvious example of this was a professor's claim that the UK's 'shut up and listen' school policy results in English children being indoctrinated in English propaganda, and that it was to be hoped that the future would bring about a switch to the American system. (This rising out of the fact that basic history lessons don't cover the US Revolution in great detail.) Later, in my constitutional class (fast turning into a favourite, even though I will admit that I struggle with the material), many of my classmates- despite having argued again the imposition of constitutions moments earlier- seemed shocked by the idea that the collectivist Japanese culture doesn't value freedom of speech as much as American society does, or that not everyone might consider the freedom to contract without interference an absolute right. I do know that in all these situations it would have been perfectly acceptable (and probably not even notable) for me to argue against the trend, and that doing so might even have added to the class discussion- but, being a good little student, I stayed mum, and at most shook my head a little.
These observations are not meant to be critical or negative in any way- I can write equally damning reports on English attitudes towards the rest of the world- but they are a reflection of what a very different country I am now studying in. I cannot really imagine an entire English class arguing that Japanese collectivism is wrong, and I certainly cannot conceive of a professor ever putting his views on other systems so bluntly- but this does not mean that the approach here is somehow stupid or wrong. It is, however, something that I will have to adjust to, and fast if I want to get good class participation grades.

On a less negative note, one of the aspects of the American (or at least post-grad) culture which I am particularly appreciating is the fact that intellectualism isn't stigmatised in the same way it is at home. As opposed to Exeter, when I go into class here I am prepared and ready for a full class discussion, raising very difficult points and encompassing very different views, and I know that my contributions to this discussion will be admired (well, I can hope) and expanded upon, rather than ignored, agreed with, or instantly struck down. Here, it seems, students are not only taught to criticise the law, but taught to actually consider why they are critical of, and what the consequences might be. Of course, to some extent I find this very frustrating (my current over-used example is that at least in England when anti-incest legislation is enacted no one complains), particularly as in some cases it seems that theory wins out over legal analysis. (In Mental Health Law today we were discussing why it's OK to forcible hospitalise a suicidal depressive but not a cancer victim, and I raised- as a point of law- the positive and negative acts doctrine. Only one person actually used a legal argument to render my point invalid- the others simply questioned the morality of such a doctrine.) However, being able to discuss and theorise, I feel, well, alive again. My passion for International and Constitutional Law has been re-ignited, and as for my passion for writing essays, well- I've chosen my paper topics for 2 of my 3 seminar classes, and am seriously considering asking my Family Law lecturer if I can submit a paper instead of an exam. And, as certain people may have fallen asleep to, I've chosen (at least for now) my comparative dissertation topic for next year. How does the rule of lex loci and the protection of same-sex marriage in Europe and the USA sound? I can certainly rant on it convincingly.

As a third point, the beer here is pretty terrible, and cider pretty much unheard of. It's looking like Corona all the way- well, Corona, and serious amounts of coffee.

JJ

My lawyer can beat up your lawyer

This may yet be the fastest blog entry known to man, as, according to the giant computer lab clock, I have 5 minutes before I'm due to go and stake out the main loan desk upstairs. I've been hunting down a particular book by Elyn Saks for the past week (according to Amazon my copy was shipped a fortnight ago, but that's becoming less and less reassuring), and have repeatedly been foiled by other people wanting to make use of the library course reserve system. The class is now less than 20 hours away, and I'll admit I'm getting a little tetchy. If I don't manage to get the book, well...
Suffice to say that I'm enjoying classes, and coping (well, mostly) with the reading, and that I'm beginning to make friends- although, to my personal shame, after ranting so much about International inclusion for the past two years at Exeter, I have found myself spending much of my social time with, you guessed it, the other Internationals. I don't know that I can justify my actions there, but then again I'm no so sure that I want, or really need, to. This weekend we (along with Hurricane Earl) went up to Cape Cod and Rhode Island, and had a really wonderful time- running in the rain, watching the sun set over the sea, eating sushi...

But I digress. To keep things brief, so far I:

- Have volunteered to co-edit a book on the Post-Charter Legislation of the American Colonies

- Have been elected secretary of the CT Alliance of International Lawyers

- Have ridden a bike down the hill in Elizabeth Park

- Have co-hosted a veritable Chinese banquet

- Have explained pretty much every detail of the English legal and political systems

- Have read. And read. And read.

- Have questioned my own beliefs to the point that everything seems absurd

- Have learned an entirely new form of legal dissection

- Have read more cases than ever before

- Have enjoyed reading said cases

- Have fallen asleep on my Legal History book

- Have cried for everything I've left behind

- Have drunk a lot of coffee and spent a lot of money

- Have smiled and laughed more than I have for a while.

OK, the book should be back now. Wish me luck.

JJ