CrimLaw

First class in Criminal Law yesterday. The Prof is notorious for being, um, difficult—a hard-line, old-school Socratic method teacher. After 1 minute I could see why. He started off by calling a random name from his list of students, then he said to her: "Student X, I'm going to make a few introductory remarks and then I'm going to ask you to tell us about Regina v. Dudley and Stephens. Just a nice, friendly conversation. I'll be back to you in a minute."

And he proceeded to do just that. Student X was on the spot for the next 50 minutes, and she did a great job. PCrim seems to cross-examine students as witnesses to the reading, rather than simply asking them questions about it. I understand what intimidation is now, but strangely I also understand the value of it (I think). Forcing a student to perform like that puts them in a position they will likely be in if they ever decide to do trial work, so I'm guessing the experience will weed the trial people from the rest. If you enjoy PCrim's class, you might like to go into criminal work. Maybe. Whatever the value of this method, it created an electricity in the room that was almost palpable. I don't think anyone will be slacking in PCrim's class.

Best moment: Lord Coleridge (who wrote the Regina v. Dudley opinion) wrote:

We are often compelled to set up standards we cannot reach ourselves, and to lay down rules which we could not ourselves satisfy.

And PCrim's question for Student X in response to this was:

Have you ever heard such rich, creamy bullshit?

Is there a correct answer to that? PCrim didn't say. It sounds like rich, creamy bullshit to me, but I'm good at proving how little I know.

Reading for Crim was also great: Kant v. Jeremy Bentham, as in retributive justice v. utilitarian. Would it be plausible to say that this is another formulation of the contemporary binary between legal formalism (retributive) and legal realism (more utilitarian)? Just thoughts, but great stuff to sink your teeth into.

Off to day four....

Posted 05:55 AM | Comments (3) | law school