Snobbery and class

By Legal Eagle

The first time I became aware of class as a concept was when I moved to the UK. I had been a student at my independent girls’ school for precisely three days when I heard some girls in my class talking about “townies”. “What’s a townie?” I asked, all innocence.

A barrage of explanations came out, each mystifying me more and more. Then someone said, “Townies wear shell suits, you know, those shiny tracksuits.” Unwisely, I said, “But I have a shiny tracksuit.” Total silence fell, and then one girl said, “Well, she’s Australian, the rules don’t apply to her,” and everyone relaxed again. This was my introduction to the English class system. I later became aware that people could be categorised at 50 paces merely by the way that they dressed, stood and walked, a categorisation which was confirmed or denied as soon as the person opened her mouth. Accent and what one’s father did were the final determinants necessary to “put one in one’s place”. Luckily for me, I was impossible to categorise as anything other than a “colonial”, which meant that I had leeway to put my foot in it and generally make social gaffes all over the place. 

The thing was that by and large, if you were born in a particular class, it was very difficult to get out of that class. If you were lower class, the educational opportunities were less and you were automatically hallmarked as someone who was “not quite right”. For the first time, I understood what Marx and Engels were on about (after all, they used Manchester as their primary example, which happened to be where I was living). Indeed, one of my best friends at high school was a neo-Marxist, but I noted that, although she had a keen sense of social justice which I admired, she didn’t actually like the lower classes very much in practice. They were constantly disappointing in their lack of interest in throwing off the shackles of class, and rather more interested in watching Man U rise to global dominance and downing pints of lager.

When I returned to Australia, I was more acutely aware of such divisions in Australian society. I was amazed that the main question when I started Law School was, “What school did you go to?” My answer made no sense to anyone, because of course I had attended a school in Manchester, but I liked the fact that I couldn’t be categorised.

Of course we have class divisions in Australia too, it is just that they are not quite as rigid as the English ones. Therefore, while my grandparents on both sides of the family had to leave school at the ages of 12 or 13, my parents were the first in their families to complete high school, undergraduate university degrees and postgraduate degrees. A pretty darn impressive acheivement if you ask me. I have always been aware of the fact that my education is an immense privilege.

Anyway, I was interested to read this piece in the Sydney Morning Herald about the English class system, and the author’s subsequent comment that Australians can’t be too smug - we also have snobbery:

But a new snobbery has also materialised in Australia. Where Britain’s middle classes look down on their chavs, ours look down on “bogans” - VB-swilling, mullet-sporting, flannel-shirt wearing, Holden V8-driving ockers. Once the ocker was a source of folkloric affection but today he’s an object of derision and ridicule. Earlier this year, residents in Wahroonga petitioned Ku-ring-gai Council to change a street name from Bogan Place to a more genteel Rainforest Close because of its negative connotations.

Someone also had to explain the concept of the bogan to me when I was about 13 (I must have been a very naive child really), and I seem to recall that this explanation also made no sense to me, as it revolved around the wearing of moccasins and flannelette shirts. How could wearing certain clothes make you a bad person?

As with my high school friend, I have noticed that often, those who deride the lower classes in practice are often those who also purport to espouse principles of social justice and equality. People who campaign loudly against discrimination laugh long and hard at Kath and Kim and think that it’s a very funny show. I’ve never been comfortable with this show: it reeks of middle-class snobbery and stereotypes of the “lower classes”. I find it to be cruel.

These kinds of considerations came sharply to my attention yesterday with Catherine Deveny’s piece in The Age about Brendan Nelson. Long time readers of my blogging will know that I’m no fan of Deveny’s. Deveny said:

I can’t tell you how often I seriously wish I were living in some outer suburb content with signed and framed football jumpers on the wall, no bookshelves and a coffee table covered in remote controls, happy to read romance novels over my Cup-a-Soup. At least I’d have some peace. In the immortal words of Radiohead: “No alarms and no surprises.”

Clearly she’s referring to the bogans who live in McMansions in the outer suburbs with their plasma televisions and their football jumpers. Let’s think about this. Deveny’s implication is that such people do not have informed political opinions. And even, as an extension of this, that their opinions are less valuable than hers. Here is a prime example of snobbery, while all the time she is protesting that she is socially aware and supposedly “left wing”. A supporter of the lower classes in theory: it is just that the actuality of the lower class doesn’t live up to her expectations, and she’d rather not have to listen to what they say where it conflicts with her view of the world. She’d rather resort to cruel stereotypes.

I really hate this kind of snobbery. Someone may read Mills and Boon novels rather than Dostoyevsky, but this doesn’t mean that her opinion is worthless. I think you have to take each person as he or she comes, not as a stereotype. My own experience is that, whether people are educated or uneducated, upper class or lower class, their opinions are interesting and valuable, and it is worthwhile trying to work out why they think as they do. We are all shaped by our different experience of the world, and in sharing our opinions rather than writing off the opinions of others, we may actually be richer for it.

Darwin Awards, number #257

By skepticlawyer

As a child, I was brought up to believe that laughing at other peoples’ misfortunes was a grave wrong, and to this day find myself feeling uncomfortable when I encounter yet another Darwin Awards nominee. Here’s Swansea’s finest. He wasn’t even particularly drunk:

A mature student choked to death after an “impromptu” challenge by a friend to see who could eat the most fairy cakes, an inquest has heard.

Adam Deeley, 34, from Birmingham, and his friends were at the opening night of a photography exhibition in Swansea.

Two of his friends put up to four cakes from the buffet in their mouths.

Mr Deeley tried to eat five but began choking and collapsed on the floor. Swansea Coroner Phillip Rogers recorded a verdict of misadventure.

[...]

The inquest heard he had been one-and-a-half-times the drink driving limit on the night of his death.

Swansea Coroner Phillip Rogers said: “Clearly, any activity involving putting large amounts of food in the mouth is dangerous.

“It does not take me to say this sort of thing should be avoided.”

Spot the smiling copper? No, we couldn’t find one either

By skepticlawyer

Every now and again, the British news media indulge the national talent for ironic pisstake, and I’m pleased to report that China’s touchiness in the face of global criticism in the lead-up to the Olympics is now becoming a favoured target. What makes this report (from Channel 4 News) so good is the way it kicks off in all seriousness… and turns part way into a Monty Python sketch.

The ‘rule against being earnest’ is embedded in the British character, and I’m curious to see what British athletes do. The US cyclists are being very obvious - as you’ll see in the video. Now, obvious isn’t all bad - and the cyclists have a point - but the Brits (and, I’ll wager, the Australians) will no doubt come up with something altogether more stingy. Maybe not Fatso the Fat-Arsed Panda, but I do suspect that China is at risk of experiencing something far nastier than criticism by human rights groups like Amnesty (far nastier, that is, when ‘keeping face’ is a national obsession). It’s at risk of becoming an international laughing-stock.

Channel 4 News is just the beginning of what could be an amusing fortnight.

Private law oils the wheels of society

By Legal Eagle

Since I’ve become an academic, I’ve become aware of an insidious belief. It is this: study of private law is just not sexy. I’m thinking here of contract, tort, restitution, property law and trusts. Such subjects are compulsory in undergraduate years, which never makes them look appealing. Equitable doctrines are probably the closest private law gets to “sexy”. But students still flock to international law and human rights subjects when they can make a choice. Perhaps I’m neurotic - but then I think of the fact that I am one of the very few people at my institution doing a PhD thesis in private law says something. I’ve been mulling over it for the last few weeks since I went to my private law conference…

Perhaps private law does not seem as important as other areas of law in the eyes of students. It doesn’t usually deal with life and death, incarceration, wars or international disputes. It doesn’t deal with the power of the State against the individual (unless the State is acting in its capacity as another individual). Importantly, perhaps, for those who want to “make a difference”, it doesn’t purport to save the world. Its principal role is simply to resolve disputes between private individuals.

However, I wish to rebut the above notions. I think private law is very important and interesting. It is an area of law which affects us all each and every day of our lives in a myriad of ways which we don’t even notice (unless things go wrong). It is the grease which oils the wheels of society. If the law of contract suddenly disappeared, we’d be lost, as we enter into multiple contracts every day (even that ticket you bought to get on the bus is a contract). If the law of property and tort no longer existed, someone would be able to come and drive your car away, and you would not be able to do anything about getting it back, even if you could use the criminal law to gaol that person.

Private law gives people important rights. Sometimes, it distresses me that some are prepared to run roughshod over those rights. I wrote a few weeks ago of the dispute my friends had with the builder of their new house. Through reading the contract, I was able to confirm their belief that the builder had no right to demand the money for the house before having done the various things he needed to do according to the contract (and indeed, as it transpired, the house hadn’t been properly completed, so it was lucky they resisted his demands). The thing that worries me is that I can perfectly well imagine a scenario where the home owners did not have a lawyer friend living around the corner or the confidence to stand up to bullying, and they would have been ripped off and left with an unfinished and unsatisfactory house.

During my years as a court clerk, I often witnessed firsthand how important private rights are to people. Many of the most difficult to handle cases involved litigants in person (ie, people who could not afford or did not want proper legal representation). The facts of the cases themselves were not often difficult. Indeed, they were often clear cut (eg, person defaulted on mortgage, bank attempted to repossess house, person resisted attempt to repossess). The difficulty came from the fact that often the litigant did not accept that the bank had a legal right to take their house if they defaulted on their loan. They came to court with extraordinary conspiracy theories involving the invalidity of the Constitution, Freemasons, references to the Magna Carta and the Bill of Rights. Woebetide any person (judge or otherwise) who attempted to disabuse them of their conspiracy theory. All I can conclude is that in some cases, taking away a person’s house or farm is something which goes so much to the core of their being that the attempt to take it makes them irrational and prone to use any excuse to resist repossession. My experience as a banking litigator acting for lenders has confirmed this impression tenfold. So private law rights can go to the core of a person’s identity, and losing those rights can affect a person very badly.

One of the things which created my disillusion with public international law was the realisation that many (if not all) countries totally ignore international law obligations when it is in their interests to do so. I cannot imagine anything more disheartening. Private law may “only” deal with private individuals, but at least the law with which I deal generally has an enforceable and real effect on society. I must confess that I find human rights law even more depressing than public international law: all these fine ideals, but so often the genocide has already been perpetrated or the political opponents have already been tortured, and the international community can’t do anything about it. Of course it’s an important area of study and interest: but personally, I couldn’t handle the potential for lack of practical impact.

I do think private law can “make a difference”, even though it might not seem like it at first. It doesn’t look flashy or exotic, but it is something that affects us all each and every day of our lives, whether we are aware of it or not. If doesn’t work properly, it can impinge on our indivdual rights with catastrophic effects. Bad private laws affect society generally in a negative way. It is also something which is enforceable and has practical ramifications for all in society. Therefore, I consider that the study, understanding and practice of private law is just as essential and exciting as any other area of the law, even if it doesn’t appear so at first. Hopefully my enthusiasm will convince a few of my students of this!

Distilling the fear

By skepticlawyer

Illiberal, grumpy, explosive with the nationalist bombast but nonetheless truly great, Alexander Solzhenitsyn is dead. The author of one of the two great short novels I have ever read - One Day in the Life of Ivan Denisovich - he distilled the fear of totalitarianism better even than Orwell (although my other favourite short novel is Animal Farm). Few books leave an afterimage in the mind - the sort of thing you get from looking too long at an incandescent light-bulb - but One Day is such a book.

I borrowed it from the school library when I was 14 or so, and read it during the course of a day (under the desk, ignoring the world and everything in it, not speaking). When I went to return it that afternoon, I didn’t realise that the library door was shut, and barged into it. The blow was dizzying, and I just stood there for a bit (I think, had I tried to move, I’d have fainted). I remember that my forehead left a greasy blemish on the glass.

The librarian opened the door, looking at me very hard (I was not the best behaved student, but wasn’t the type to headbutt plate glass library doors). Wordlessly, I gave her the book. ‘Ahh,’ she said. ‘I see’.

A weird obsession

By Legal Eagle

I was having lunch with one of my oldest friends today, and she reminded me of the weird obsession which took hold of me about a year ago now. That obsession was World of Warcraft, to which I was addicted for about five months, before going cold turkey and quitting.

It all started when my husband was off work sick for a week, and one of his brothers suggested he should download WoW to keep himself busy during that time. Of course, once my husband had started exploring the game, I had to have a look too. I would never have downloaded it myself because I know that I’ve got a obsessive personality - but no harm in looking, right? It was at a time when I was quite unhappy - we had to move out of our rental place, I’d stalled on my thesis, and I’d probably bitten off more than I could chew in terms of workload (full time PhD, full time teaching load, pretty much full time mother). Hence I found the completion of discrete quests to be quite therapeutic - here was something where I could succeed and actually meet goals. The other thing about me (if you haven’t guessed this already) is that I am very competitive, and I also enjoyed the aspect of competing against other players.

You can choose to be either Alliance (one of the goodies) or Horde (one of the baddies). Within those groups, you can choose to be a variety of different creatures. In some servers, you can go into enemy territory and randomly kill players from the other side (PvP or Player versus Player servers). I was not in one of those. One can also kill the other side if one chooses to join “battlegrounds”.

The thing is that the quests get longer and longer and more complex as you go on, and you can no longer play mostly on your own once you get to high levels. The higher up you get, the more “instances” you have to do (go into dungeons in groups of 5 to 25 other players). And the higher up you get, the more complex and time-consuming those instances get. If a group is depending on you, you don’t feel as though you can abandon them half way through. The big 25 man instances can take hours to do, and require substantial time commitments. But it just creeps up on you the further you get, so you don’t realise how much time you are spending. I was playing regularly into the wee hours at one point.

In the event, I got my Night Elf Hunter (Glitterwane) to Level 70. But at Level 70 you had to do group instances or battlegrounds to get good stuff. And I don’t like groups much, particularly not if I have to group with puerile 14 year olds. Plus, at the high levels, the kind of time requirements expected were far beyond what I could give, particularly once my daughter’s midday sleeps were no longer reliable or even present at all. For variety, I started to level some other characters (both horde and alliance), but then I suddenly realised that I didn’t want to play any more. I feel a bit bad - I never went back again to say goodbye to people or tell them of my decision - but I thought it was safer to just go cold turkey.

Is it something I regret doing? No, not really. There were some interesting aspects to being an online gamer. I got to meet a lot of different people from different countries and of different ages. The social aspect of it fascinated me. I’ve noticed that in some ways, all online communities are similar (whether it’s WoW, the blogosphere or fan bulletin boards). There are flame wars, people who go out of their way to be provocative and people who spend their whole life online. There are also some really awesome people out there.

To an extent, online interactions seem to free people from their inhibitions - both in a positive way, and a negative way. Sometimes people behaved in a way which I suspect they would not have behaved if interactions had been face-to-face and under their own name. It’s easy to befriend others if you are doing it via an “avatar” rather than personally. I found that I was often a respository of confidences (eg, a 14 year old boy being bullied by bigger kids at school and asking me if he should tell his parents or not, because I was “kinda like a Mum too”).

Sometimes, as with the blogosphere, people were amazingly cruel or offensive, perhaps because they were pseudonymous. There were those who seemed to enjoy being as offensive as possible just to provoke a reaction, and the more that you engaged with them, the worse they got. My own strategy for those kinds of people is generally to ignore them rather than argue back: to argue with them just gives them attention that they don’t deserve, and they get worse rather than better.

The other thing which interested me was the WoW Auction Houses. My husband was not so good as I at levelling his characters, but he was really awesome at making money by selling stuff at the Auction House. He always had 10 times the money that I did. It was a very interesting study in marketplaces and economics. What is more, “virtual” goods have a real life price, and rare weapons and the like can be purchased online. When I quit, I considered selling off some of my stuff (and even some of my characters) for real money. But I’ve just left them there, in virtual limbo, in case I ever feel like playing again.

Will I ever play again? I suspect not. Sometimes the whole WoW obsession seems like a very strange episode in my life (although, hey, perhaps my life is just a string of strange episodes). At times, I can’t even remember why I was so tied up in it. At other times, I miss it, or I miss specific people and wonder what happened to them. Anyway, just thought I’d share this episode in my life with you.

I want your job, Gordon Brown

By skepticlawyer

As most people - even in Australia - know by now, Britain’s New Labour is tanking badly, and not just in the polls. They’ve been humiliated in several by-elections and in the local council elections. The worst embarrassment came last week, when Labour managed to lose its safest Scottish seat (Glasgow East) to the Scottish National Party. Although by-elections are a traditional way to hammer the party in power, it’s especially significant that the SNP candidate managed a 22.54% swing, a figure almost unheard of in the UK.

The SNP is being helped, of course, by the fact that it has proven to be a competent government in the devolved Scottish Parliament - far more so than Labour ever was. First Minister Alex Salmond is cannily copying the policies that made Ireland a ‘Celtic Tiger’, including a sharp cut in the corporate tax rate. Most of the iPhone I’ve just bought - including the chip - was made here in Edinburgh. It was only assembled in China.

Nationally, the Conservatives are riding high in the polls, helped by their photogenic and verbally slick leader, David Cameron. Labour’s Gordon Brown - a throw-back to an older style of politician, dour and hard-working - is daily humiliated in the dispatch box by Cameron, the archetype of the Oxford Union debater.

With that in mind, the nearest New Labour has to Cameron is an almost equally young and privileged Oxfordian, David Miliband. He’s quite blatantly written an application for the top job in the Guardian, such that other Labour MPs are calling for him to be sacked as a result. That said, there are also rumours flying around Whitehall that Labour apparatchiks are trying to hold back anyone vaguely electable in the hope that the next election will see the decapitation of the Blairite monster and all it stood for. It may mean five years of the Tories, the reasoning goes, but at least there will be clear differentiation between the two main parties afterwards.

Both Miliband and Cameron are personable and slick; in both cases the slickness seems to run in the family. Miliband’s father was a Marxist who bullshat his way into the UK as a ‘refugee’, although his sons were as privileged as Cameron, growing up in Primrose Hill and attending a carefully selected ‘quality comprehensive’. Cameron, of course, went to Eton, and is a distant relative of William IV.

Would Miliband save a tanking Labour? Unlikely. He would, however, make the defeat less catastrophic (the Tories are currently some 20% ahead in the polls; in a ‘first past the post’ electoral system, this is a recipe for political disaster). Various pundits have observed how close the two parties are, although on certain issues, the differences are notable. The Tories are stronger on civil liberties, planning to repeal Labour’s ‘42 days’ detention, and are aware of the ‘democratic deficit’ created by the EU. They - like the Irish - would hold a referendum on the Lisbon Treaty, killing it off completely.

Other differences are less clear, and enter more into the realm of speculation. One commenter at Tim Watts‘ place argues that:

The problem, as I see it, is that there is an (increasing) group of people who think that the outreach of women and minority communities is a fundamental attack on the “British” way of life. And these people are more than the usual suspects who read the Daily Mail et al.

The Tories are successfully focussing on the perception that places like London are unsafe, crime-ridden sink holes. I agree that Cameron is empty, but he is skilled at tapping the resentment of 11 years of Labour government.

I don’t think Cameron is remotely racist, and to the extent that this commenter thinks that the Tories are dogwhistling to racists, I disagree with him. However, there is no doubt that Labour’s multicultural policy and emphasis on immigration is hurting it badly. This is partly for the reasons DeusExMacintosh identified in her piece on the conflicts between Muslims and Britons over the uses of dogs. Instead of developing a home-grown system suited to a country with a distinctive cultural history of its own, New Labour imported a fairly hard brand of multiculturalism from Canada and Australia. It hasn’t worked, and some of the resentment has overspilled into other areas (notably directed at the EU). The wake-up call should have come when Boris Johnson not only won the London Mayoralty in a landslide, but the BNP managed to get a councillor elected as well.

Traditionally, the BNP only wins elections when there is corruption within the municipality they contest. When they start winning in London, it may be time to take the train driver’s advice and apply it to politics: ‘All Change, Please - this train terminates here’.

“Hello, Bill?”

By Legal Eagle

It’s never a good thing when a mobile phone goes off in a packed court room. Particularly if that court is the High Court of Australia and one is in the middle of an application for special leave to appeal. Fortunately, it’s never happened to me, but unfortunately poor old Justice Gummow was the culprit this time…

I hope it wasn’t some person trying to sell him something (to add insult to embarrassment). Maybe it was a disgruntled restitution lawyer, out for revenge?

Congratulations Chief Justice French!

By Legal Eagle

His Honour has just been appointed the next Chief Justice of the High Court. He is a very experienced judge who has served for over 20 years on the Federal Court. Nice to have a Western Australian as CJ as well! It will be interesting to see if there will be any change in the culture of the court over the next few years as some of the present incumbents will be retiring…

Change to UK law on provocation

By Legal Eagle

Almost two years ago now, I wrote a post on the defence of provocation, and how it tends to favour males who “lose it” and kill rather than women. This is not a conscious gender bias, but just something which has happened because of the different way in which men and women (generally) behave, and their differing physical strengths. Women are more likely to have a “slow burn” response than a sudden loss of control.

Thus, I was interested to read that the UK is proposing to amend the law on provocation to make a more gender inclusive defence:

Under the reforms, the new partial defences would be

• Killing in response to a fear of serious violence

• Killing in response to words and conduct which caused the defendant to have a justifiable sense of being seriously wronged.

The new concept of the “words and conduct” defence could apply, for example, when a rape victim killed his or her attacker after being taunted about what happened. The partial defence could also be used when a mother kills a man after catching him trying to rape her daughter, said a Ministry of Justice spokeswoman.

It could also similarly apply when neighbours have been involved in a long-running dispute, leading to one of them killing the other, although the spokeswoman said this would be a “very exceptional” case.

Responses from the legal profession have varied:

Ian Kelcey, chair of the Law Society Criminal Law Committee, said: “This review has long been needed, particularly with regard to the provocation defence in domestic abuse cases.

“At the moment there is an unhelpful mishmash of statute and common law, so the government’s desire to tidy up the lack of clarity that exists around these kind of offences and defences is to be welcomed.”

But some leading barristers think there are serious flaws in the government’s plans.

Geoffrey Robertson QC said: “This consultation paper is a grave disappointment to those who want a rational reform for the law of murder. That will only be achieved by abolishing the mandatory life sentence which judges are forced by parliament to impose on crimes of very different degrees of seriousness – from terrorist killings and gangland executions at one extreme to mercy killings at the other.

“Overall, the effect of these changes will be to keep people who have killed through loss of temper or self-control in prison for longer than necessary. That is hardly a reform.”

I tend to think that if one is going to have a provocation defence, then this is the best way to address the inherent gender imbalance in the way the law operates.

However, I have often wondered whether the defence should be abolished altogether, and matters such as domestic violence, sudden loss of temper and the like should be factors taken into account more generally in terms of the crime with which the perpetrator is convicted and the sentence which is imposed.