nishatalitha: image: lots of ladybirds crawling up fencepost.  white rope is wrapped twice around top of fencepost (Question mark - Discworld)
[livejournal.com profile] maudlinrose and I were talking last night about New Zealand having an unwritten constitution and the fact that we thought this was preferable, and depending on the government, far more flexible. The unwritten constitution includes the Magna Carta, the Human Rights Act 1993, the principles of the Treaty of Waitangi, and many other documents.

And yes, with a simple majority, the Crown could repeal BORA - the Crown is bound by the Act in exactly the same way as it is by Affordable Housing: Enabling Territorial Authorities Act 2008, which is proposed to be repealed in the Infrastructure Bill. The Crown can legally overturn any piece of legislation that it wants if it has a majority in the House. In practical and political terms, overturning BORA would be far more challenging (they chip away at it instead).

Then we got onto the idea of all law ultimately being a construct, which is something the two of us have discussed before, and something that I quite firmly believe. Yes, it's simplified, but I think it's a simplification that works.

Law is a construct - an idea or series of ideas - that is collectively bought into and followed by a group of people, like any other rules of behaviour for groups. It's just that law has been written down so that everyone knows what the rules are and when people (or companies) break them, because you don't automatically know the unwritten rules of a group.

I get frustrated when random people during the week do not follow the keep-left rule on the main street through town. There are many office workers there, and we automatically kept left; it allows for faster flow of foot traffic. It is noticable if someone does not do so. That is a collective construct of behaviour by the public in that area.

We buy into the construct because it makes our lives easier. Sometimes law codifies constructs that are already socially in place; BORA is a good example of that. Sometimes law codifies what people want to be the social construct in place, such as with the Civil Union Act 2004.

Law being a construct is not necessarily a bad thing; it ties into the very basis of group dynamics. Just because it has been written down, does not mean it's a bad thing.

And because I want to see if we're alone in this, have a poll:

[Poll #1530335]
nishatalitha: image: lots of ladybirds crawling up fencepost.  white rope is wrapped twice around top of fencepost (Swing in Garden)
Spring has arrived with a triumph of fine weather. I have been in short-sleeves most of the week (still wearing stockings with my skirts, though) and spent most of yesterday afternoon lying in the sun in the lounge or on the deck with a book or the laptop reading. I've spent most of this afternoon in the same way. You can tell it's spring, rather than summer by the recent spate of frosts in the morning and the way the air cools late afternoon, which makes me start thinking that slippers might be a plan.

I am currently resenting the fact that I really need to do some thinking and homework. I have redone my terrible answers to the questions on the Sale of Goods Act 1908 to be handed in. I am currently putting off doing the set of questions on the Insurance Law Reform Acts 1977 and 1985 which I like even less than the Sale of Goods Act. I like the Personal Properties Securities Act 1999 even less than those three, but at least questions on it are usually able to be answered by looking at the Act.

I went to the DCM bookfair yesterday morning with the flatmates and was very restrained - I only bought 13 books and 3 CDs. Of course, five of those books were priced, and the CDs were priced, so while I was under budget, it wasn't by much. I'm rather pleased with some of the purchases - a random biography of Nancy Wake which I've never seen before (I still really want a copy of The White Mouse, Trio - a CD by Dolly Parton, Linda Rondstadt and Emmylou Harris, of which I have Trio II already. It has already been dumped straight on the relaxation playlist for listening to before bed. Also found a copy of The Lost Prince by Frances Hodgson Burnett, which is a book I adored when I was younger.

Got to church this morning for the first time in a month. I know this because the last time I went it was also communion and we only have communion on the first Sunday of each month. It was an interesting sermon on chapter 6 of Galatians, the final in a series on Galatians, which I managed to miss all of. Next week, apparently will be a precursor to the November series on saints and heroes, and all I currently have on next weekend is a haircut and colour, so I should manage to get to that. Church two weeks in a row - won't that be a shocker?
nishatalitha: slightly crumpled white sheets, small text= "sleep now" (Sleep now)
Might also be somewhat mistyped drunken ramblings as well, seeing as the middle and ring fingers of my right hand are currently strapped together, courtesy of a frisbee to my ring fingertip and some bruising. Found that a finger tube of gause helped make it much more comfortable than the strapping directly on the fingers.

...brushing my teeth is more painful than throwing backhand. Teeth got a cursory go-over just now.

I'm still somewhat surprised that not only did I volunteer to go and play in the Brass Monkey tournament (I'm even looking forward to it), but that I'm actually prepared to do the extra practice leading up to it.

Another thing that surprised me recently was how pleased having my BA on my new business cards made me. [livejournal.com profile] nishatalitha BA and the various other details of how to contact me and the firms details on the back. I have my own business cards! Isn't that awesome?

And I got to tell the story of Donaghue and Stevenson, which is the first major Tort of Negligence case which establishes Duty of Care and Proximity between a manufacturer of foods (but Lord Atkin, who wrote the judgement, didn't see why it couldn't be extended to other things), regardless of whether or not the consumer had actually purchased it. It's not something we think about now, yet it's integral to our knowledge that when we're given something (because if we're the purchaser, there are other remedies) or use something, that if there's a problem with the goods or edibles, that we can complain and take it back and expect to be recompensed for it. Which is one reason I like this case. Also, Lord Atkin's judgement is awesome.

I should really go to bed now.
nishatalitha: image: lots of ladybirds crawling up fencepost.  white rope is wrapped twice around top of fencepost (A lady's armour)
The last couple of days have been exercises in frustration. Not that any one big thing was the particular cause of this, but lots of little things accumulated. I was home by about 10.30pm, talked to my flatmates for a little bit and went to bed to read a book for a wee while before sleeping. Come 1.15am, I've finished my book (The Year of the Lucy by Anne McCaffrey) and am finally relaxed enough to sleep.

Which, of course, meant that this morning I heard my alarm go once, very vaguely, and then nothing until twenty-five to seven, which is when my bus leaves Wilton. No gym for me today, alas, and I've felt wrong all day because of it.

It's interesting to note that yesterday, when everything seemed to go wrong, but I got to the gym in the morning, I was able to face things with equamity and more or less cheerfulness. Today, when things didn't go as badly, but I didn't get to the gym before work, I felt a lot more irritable and anti-social.

So Day Eleven of making a habit rather failed.

I have had my first two classes for the two papers that I'm taking. They both look to be very interesting. Legal Systems will probably be harder work than Law Office Practice, but even with just one class, and a lot of that class taken up with admin work, they both look like they're going to be really interesting. Which is just as well.

Tomorrow will be better.

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