Wednesday, 15 September 2010

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

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