The Hilarian - Issue 2 2021 by The Hilarian

the hilarian issue 2 2021 2021

LSS Merch is Still for Sale! Come down to the LSS Office at Room 1.06 and get your very own LSS Rugby Jumper for $50 each! (Subject to availability)

Contents Contents Conten Issue 2 Playlist ...4 Liggy Horoscope ...5 The 2 minutes before you submit your online exam ...8 What your UniBar go-to says about you

...9

When you still don’t have a clerkship

...12

Liggy Love Letters ...13 AULSSIO ...14 Law Student’s Must-Watch List

...17

A definite ranking of places to cry in Liggy

...21

Your Average Law Resume

...22

Wayville Woes: A Timeline of my Inner Monologue ...23 90% Students Unenrolling from Winter School

...26

My thoughts on the mid-semester break

...27

How Badly Do You Need Therapy?

...29

Law School Bingo ...31 Better Call Saul: About the Eshays

...32

Recipes for broke(n hearted) law students

...33

Wasted Wednesdays: An Investigation

...36

Hilarian Discourse: Roman and Canon Law

...39

Editors Will Broderick Olivia Edmonds Jenny Jung cover ARt Jenny Jung Graphic DEsign Olivia Edmonds Jenny Jung

contributions by: Christina Akele, jade uyen lam, Edwina page, bellarose watts, daniel sladojevic, harper robb, harriette smith. felix eldrigde Printed by: Bowden’s printing

The hilarian does not represent the opiinions and views of the AULSS, nor those of the University of Adelaide Law school

Contents Contents Contents Content

Editor’s Welcome ...1

editors’ welcome editors’ welcome Hellooo? Hello?? Is anybody still here? It’s your 2021 Hilarian Editors, we’re finally back after however many week it’s been since Issue 1! If you’re reading this, thanks for sticking around, ‘coz boy have we got some excellent new content for you. Last Issue we promised y’all recurring segments, and in Issue 2, we’ve come through with that promise. Back again for you to feel personally attacked by, we’ve brought back Liggy Horoscope. This time, Jenny reveals the signs of your soulmate! Christina Akele shows off her seemingly never-ending knowledge of legal films and TV. We’ve also got some fresh Liggy Love Letters submissions, so keep reading to see if you’re the subject of your fellow law students’ infatuation <3 Scan the code for the Issue 2 playlist (which I promise is less depresso than last Issue) and jam out to some pogging tunes while Edwina psychanalyses you based on your UniBar fav. Felix Eldridge is also back with another Liggy mystery, as he brings to life a parallel universe where the AULSS does some ~behind the scenes work~ for the law school. Jade Uyen puts your invasive internal monologue during in-person exams into words with her scarily real timeline, and Harper Robb conducts a thorough investigation into the Wasted Wednesday phenomenon of the East End. There’s even more! But you’re just gonna have to keep reading ;) Wishing y’all less stress this hot girl *winter*, Jenny, Olivia and Will xx

issue/ 2 playlist issue 2 /playlist issue 2 play/list cellular king krule between love&hate the strokes the light brockhampton cornerstone arctic monkeys sunflower sutra babe rainbow

bennie and the jets

elton john

close to me the cure when you sleep

my bloody valentine

got to get you into my life the beatles whole wide world cage the elephant kiss me more doja cat, sza 4

ggy horoscope liggy horosco Words by: Jenny Jung

Gemini 21 may - 21 jun Welcome to Gemini Season! In the coming few weeks, your intellect is going to flourish, Gemini. But the coming Mercury retrograde will set bacck your communication heavy, so lay off your socials a little, think before you stir the pot the next few weeks (or forever. Please).

Cancer, your focus the next few weeks is all about closure. For successful, healthy closure in anything, you need alone time and relaxation. So when Cancer season comes around next, you’ll be recharged and ready to get uncomfortably personal with everyone!! Yay!

Soulmate: Leo, Aries

Soulmate: Taurus, Capricorn

leo 23 jul - 22 aug

virgo 23 aug - 22 sep

It’s nice and airy and aloof again, Leo, and this is good news for you. You’re gonna be THAT bitch every party you go to - Hot Girl Winter anybody?? Go compliment-fishing and boost your ego, but careful not to let the confidence trick you into texting that hot ex.

Virgo! I know Taurus season was exhausting enough for you and your workaholism, but this is a sign for you to keep that energy going because I see a promotion/clerkship opp./new job coming your way! It is Mercury retrograde though, so be extra careful signing contracts.

Soulmate: Aquarius, Gemini

Soulmate: Scorpio, Taurus

libra 22 sep - 23 oct

Cancer 22 jun - 21 jul

scorpio 23 oct - 21 nov

You’ve got that itch for travel, Libra. I mean, who doesn’t right now, but you’re going to find yourself booking cheap tickets for when the exams are over. That’s good and all, but again, ol’ Mercury in retrograde means you need to triple-check EVERYTHING before you set off.

Yikes... Sorry Scorpio, you’ve got it bad these coming weeks. Your super emotional, watery side completely contrasts Gemini season’s aloof, intellectual character. Keep your intiminate relationships close to you, don’t let exams get the best of you!

Soulmate: Aquarius, Sagittarius

Soulmate: Virgo, Capricorn

ope liggy horoscope liggy h sagittarius 22 nov - 21 dec

capricorn 22 dec - 19 jan

Gemini is your sister sign, and it’s going to affect your social life a lot. Focus on one-on-one relationships, whether it be your SO, enemy, frenemy, whatever. Time to stop being so flighty, settle and work on those close partnerships. Send that ‘what are we?’ text! Why not?

You’re super hardworking and sometimes, frankly, you’re a bit ‘anal’, as they say. But take advantage of that trait in Gemini season, where you’ll find that you’re getting a lot more emails, demand from work, etc. Oh, also hold back your judgements, it might backfire.

Soulmate: Aries, Libra

Soulmate: Scorpio, Pisces

aquarius 20 jan - 18 feb

Ah, Aquarius, I see an existential crisis coming your way. Not only are you feeling hyper aloof, your mind is racing, but the Mercury retrograde will make you feel detached from the world. Basically, you’re fucked. However, your love life might get a lil spicier. That’s somthing to hold on to? Soulmate: Leo, Gemini

pisces 19 feb - 20 mar

Pisces, you’re going to find yourself somehow busier than ever. Often, you’re going to find it hard to keep up with Gemini season’s high energy and ‘grind’, but I believe in your ability to make therapy out of lighting a candle and breaking out that old guitar of yours! Soulmate: Capricorn, Taurus

aries 21 mar - 19 apr

taurus 20 apr - 20 may

You’re thriving this Gemini season, Aries! I predict you’ll be busy making plans with your mates, having passionate flings, and that’s fun, but this is also a great time for you to learn something new. And no, not Tiktok dances. Avoid: getting sucked into drama, passive aggressive indirects. Soulmate: Virgo, Sagittarius

I’ve got a soft spot for Taureans. So good news! Expect some $$$ coming your way. Also, I’m only saying this ‘coz I love y’all - You need to pipe down on the stubbornness and reflect on whether you haven’t been too adamant about an opinion/path that might even be right for you! Reflect! Soulmate: Virgo, Cancer

A concise and insightful list of things that could, and most likely will, go wrong in the two and a half minutes before your online exam submission portal closes: words by: olivia edmonds 1. Your Internet drops out. 2. Laptop drops out [the second story window] 3. A power outage occurs. This only affects your house, nay only your room - you can hear your younger sister making Tik Toks in the kitchen. 4. At least four of your teeth fall out. 5. A small, yet determined, hummingbird flies through the window that you neglected to close and deletes your entire word document. Ultimately this is your fault for not hummingbird-proofing your window, and you have only yourself to blame. 6. A croissant you ate as a pre-exam snack gives you terrible foot cramps and you are unable to select the submit button. 7. You didn’t actually sit the exam in the first place. Pretty hard to submit an exam you didn’t even take don’t you think? Bet you didn’t think of that you freakin’ loser. 8. Your mouse is actually a real mouse (the rodent type: ‘Mus musculus’) squeak squeak. 9. As you click onto MyUni, you realise you have forgotten to download the authenticator app to enable you to access the website. Not only does this mean you cannot log in, but your account is vulnerable to cyber-attacks. 10. Your laptop begins to breathe. You assume it’s simply overheating but realise there is a small child trapped beneath the keys. You cannot ignore the dire hostage situation and fail to upload your exam. 11. Your shoelace comes undone. As you bend down, you grab a handful of your study snacks – the snack of all geniuses, jellybeans and cashews. Whilst tying the ol’ bunny ears and crunching away, you fail to chew the jellybean/cashew mix properly. It forms a thick paste along your oesophagus. You do not asphyxiate. You hum at an attempt to unstick the jellybean/cashew paste and soon realise that you have the voice of an angel. Who needs to submit an Equity exam when you can run away to the opera? Every law student’s dream come true. 12. You contract coronavirus aka COVID-19 (wtf man…that’s actually really serious please we are in a pandemic like seriously dude don’t joke about that). 13. A small, yet determined, hummingbird flies through… What? That already happened? Well did you put in place the appropriate hummingbird proofing mechanisms like I suggested above? Didn’t think so BUDDY, too bad that NGP option is no more. 14. You look in the mirror. You realise existence is meaningless yet all together meaningful. Whether you successfully upload the exam truly does not matter as you are but a speck in a universe of nothingness. 15. You spill your coffee on your laptop. You clumsy clown!!! 8

what does your unibar Words by: edwina page

Voddy Raspberry • You’re a menace on the piss Vodka-lime-soda • Your Tinder anthem is drivers license • The only reason you are doing a double • It’s the crowd favorite, its cheap, its low cal, and the taste is not that bad. degree is so you have longer to muck • Youre the kid who handed every around before you join the workforce. assignment up more than four hours • You probably peaked in high school before the deadline. • You wear dress pants and carry a handbag to uni, #girlboss style

Beer • You can take that bread water like a champ mate. • You wanna drink a fruity mixer like the rest of the law crew but you have edgy friends who think you’re a basic bitch for studying law and your bread water is the crumb of edge you hold on to • But hey, at least you tried

wine • You’re here for a social drink after uni • Nothing big planned cause you know you’ve got to go home and get started on that big ‘to do’ list that you’ve been putting off all week • You’re one of those rare gems who does straight law. You’re rare and hard to find and oh so hard working, but us double degree-ers will forever be afraid of you

r go-to say about you? a jug of anything • You’re a wannabe engineering kid and you don’t quite get the ~law school culture~ • You probably watched that kid climb under the uni bridge and decided that he deserved a beer on you. • I bet you’ve even got yourself an AUES membership so you can cash in on those $14 jugs of coopers pale ale

cider • There are a limited number of yummy cheap drinks on offer at the unibar so you begrudgingly turn to the trusty apple cider • You’re not a fan of beer and don’t feel like taking on the emotional rollercoster that any sort of spirit takes you on. • You’re the student who makes sure that everyone else is aware that there’s an assignment due tomorrow that you forgot about

gin and tonic • A favorite you watched your parents drink when you were younger and now you drink. Crazy how the circle of life works aye. • Or, you didn’t know what drink other than a pale ale to order at the bar so you started copying your G&T drinker friends and you don’t know how to stop. • You’re doing amazing sweetie, keep it up.

students in suits serve as a stark reminder that you still don’t have a clerkship Words by: harper robb Whilst week one of uni is commonly reserved for feeling anxious that you cannot identify a single fun fact about yourself, one insecure third year is already experiencing an especially sharp stab of inadequacy usually reserved for SWOT week. Contrary to your expectation, this inadequacy is not derived from the quarterly existential breakdown of being 6 weeks behind in lectures, but rather the realisation that you’re already missing the mark on work experience. Whilst a first or second year could unashamedly chalk up her lack of legal work experience to her age, as a third year, she now realises that she seriously needs to get some serious corporate drone knowhow if she’s ever going to get a job out of school. Looking around her Consti seminar, the success of her peers is made increasingly obvious by the presence of young professional attire. I mean, people don’t come suited up to uni unless they’re already a spinning cog in Adelaide’s exclusive system of legal firms.

The third year continues to insist that those getting ahead with their part-time legal work are really just rubbing it in everyone’s faces Whilst simultaneously trying to tune into the teacher’s eloquent explanation of validity, the third year frantically logs onto her Seek account. The legal work available is running thin and only one clerkship is advertised. She clicks on it, but alas, applications closed 2 days ago. Further fury ensues. She’s surrounded by pressed shirts, fluffy blouses, modest ties and it’s increasingly obnoxious. She slams her laptop down, whispering to a friend: “It’s not like I’m going to be lawyer anyway. I’m going to work for the UN or some shit. Look at these corporate sell-outs! Nepotism is literally killing the meritocracy” But, as always, the third year quietly and discreetly puts on a google alert for clerkships despite the new moral high ground she finds herself on.

Although not yet in her pennultimate year of study, the third year is struggling to rationalise her lack of clerkship/internships admin roles. She comments: “Back in high school I just got whatever I wanted, but now, the job market in my field is somehow actually competitive? Ugh”

liggy loveletters loveletters liggy Issac T, I broke my knee At law dinner tea Falling for thee RIP me.

Dear dropping out, you’re looking real sexii at this stage in the semester. HMU xoxo

To the one working water tap, You make me wet xx

hi dante! i know you from a while back but am too terrified to speak to u. you’re really, really cute and i love your drawings. i wish we could reconnect but yea. anyway. you have immaculate vibes :D

Anita Lük, You crafty gal, I see what you and Lance did. If you’re looking for an cory mallarky, oh how extra partner in crime i’d like to reVUE you! (you, me her, style), please reach out, via private facebook posts that Dear B, may or may not be dis- Like Jan 1st 1901, let’s set a date for our inevitable union. coverable (???!) Like GST for the state governments, I can’t All my love, imagine life without you. DRE dropout

Celena Le - can we negotiate a date? Your passion and love for negotiation comps inspires me everyday <3

Like section 52 of the constitution, I want to go exclusive with you. Like the Federal Partners we might fight over taxes and jobs but ultimately we carry on. And like the Commonwealth’s Executive power, my love for you grows stronger every day. - Anon

JACK WALSH !

After hearing the commotion and with curiosity taking control, Henry stepped outside the building and watched as one of the figures placed a hessian LSS tote bag over the mysterious figure’s head while the other used a rolled up LSS Rugby top to tie the figure’s hands behind his back. The pair then frogmarched the figure back into the building. Before he could fully process what was going on, someone tapped him on his shoulder. It was Cameron, the LSS Competitions Director.

aulssio

Words by: felix eldridge

Having stayed behind a little later than normal for a Thursday night to finish an assignment, Henry started the trek to his bus stop from the Law Library. As he reached the ground floor of the Ligertwood building, however, he was almost knocked over by a figure who emerged from the elevator holding a brown package, sprinting to the exit. Before he could process who this was or why he was in such a hurry, two figures in dark trench coats dashed down the stairs from a higher floor and crash tackled him just outside the building.

“Sorry you had to see that mate. You’re Henry right?” “Yeah” Henry replied warily. “Well, I’m sure you’re wondering what that was. Basically that guy was responsible for selling scalped Law Dinner tickets. We’re just seeing that justice is enforced by preventing their sale.”

“Oh okay, and that’s normal around here at this time of night?” “Oh, look we deal with all sorts of quasi judicial enforcement around the Law School” replied Harry. “We handle everything from scalping tickets and courses, preventing cheating in exams to blasphemous comments about Frank De Zwart, Dale Stephens, Cornelia Koch, Peter Burdon, David Plater” Cameron paused, brows furrowed slightly. “Actually come to think of it, most of what we do is fight blasphemy about lecturers. Anyway, that’s what we do”. Henry, having recovered slightly from the shock of the chase, now started looking Harry up and down sceptically. “Oh yeah, where do you operate then? You can’t possibly enforce these things throughout the entirety of the law school.” “Ill show you.” Henry followed the Director to the room adjacent to classroom 1.10, where the St Raphs cart is stored during the evenings. After feeling around on one of the walls inside the room, Cameron pushed a section of the wall which caused the entire wall to swing aside, revealing a staircase down. Mouth agape, Henry followed Cameron down the stairs where he was met with the sight of a cavernous room, lined with computer banks, smaller rooms and packed with people.

“Welcome to AULSSIO” said Cameron, “The Adelaide University Law Students Society Intelligence Organisation or ‘AULSSIO’, is the Law Students Society’s intelligence arm, we enforce the law of Liggy, keep tabs on the student population, promote the LSS’s positive image, monitor and address threats and we do all of this in utter secrecy.”

portfolio is responsible for influencing external organisations, particularly in elections, so that they ‘cooperate’ with the AULSS’ operations. For instance, there was a commerce student who was planning to run on a campaign of ‘abolish the Law School’ on the Faculty of Professions Board and due to our efforts, he didn’t.”

“All the portfolios have a place here at AULSSIO” said Cameron, who was guiding Henry down the central path of the room, gesturing to people as they passed them.

“So, you convinced him to withdraw from that election?” said Henry, amazed. “Well, it was more so that the 4 broken ribs he got from ‘falling down the stairs’ forced him to pull out of the race” A rep answered in a deadpan voice. “And another year when a rogue candidate for SRC President was running on an anti-law platform, the AULSS hacked into the online election system and cast several hundred new votes which meant that the candidate did not win.”

“We’ve got the Communications portfolio” he gestured to the group intently staring at screens with headphones on. “They’re responsible for monitoring conversations in and out of the law school. The whole building is bugged so we get news about everything”. “You’re joking. That can’t be true” replied Henry. “Oh really” smirked the rep at the closest monitor. “Why do you think there are a whole load of ‘Asbestos, do not renovate’ signs up across the Law Building? There’s no asbestos here, it’s all to cover up the hidden microphones everywhere.” Henry didn’t’ know what to believe anymore. He never questioned the presence of asbestos in Ligertwood as the building remained unrenovated for as long as he could remember. He didn’t know what to believe anymore. Cameron continued “The Social Justice

Almost a third of the way across the room, Cameron pointed out the next portfolio. “We’ve got Careers. They’re there to conduct our physical intelligence. You know, follow people around, observe from benches, tall buildings etc, just keep an eye on trouble spots etc. You might notice sometimes that some people in LSS branded trench coats, wearing LSS branded sunglasses and sipping coffee out of LSS branded Keep-Cups are watching you. That’s just the careers portfolio keeping tabs, don’t be alarmed at all.” “Then we’ve got Activities, they’re there to raise the funds that we need to keep this operation going. They work with Careers and Social Justice to source funding via... various methods. If you thought the Iran-Contra scandal was

bad, you haven’t seen what we’ve managed to get up to.” “You may have believed that the Hilarian is a satirical magazine, that its purpose to entertain the law students. You’re wrong. There’s subliminal messages everywhere, whether through patterns in graphics, the spacing between the letters, designed to hypnotise law students into not dropping out” “We’ve got Education. They’re there to educate people about the ‘right’ way of thinking about certain issues and people. You don’t think that a course like Refugee Law was actually popular. No of course it wasn’t. But Education very tactfully persuaded the Hilarian editors not to print anything bad about it and after hacking into the system, deleted all of the negative SELT reviews about the subject, and as such the Law School thinks it’s great”. “Last we’ve got Competitions, my portfolio. Their job is to enforce the law of Ligertwood, they’re the muscle that’s there to support other portfolios in their operations, especially to catch rule breakers, like that one we got earlier. Hey, you can watch some of the questioning if you’d like.” Cameron stopped the tour, and opened the door to the small room where he could see the mysterious figure from earlier sobbing into his hands at a desk as a refreshed looking postgraduate student leered down at him. “Now, where did you get the Law Dinner tickets from mate? Seven Law Dinner tickets in your pocket looks a little

little suspicious here huh. Don’t want to talk, that’s fine mate. My lectures are all online tomorrow, I’ve got a family sized lasagne in the microwave and a sleeping bag in the office. Your move.” “I want to speak to a solicitor” sobbed the man at the table. “I am a solicitor!” yelled the rep, pulling out her GDLP certificate and slamming it on the table. “Now tell me, where did you get the tickets from!” “Well, I think we’ve seen enough here.” Cameron gently pushed Henry out of the room, closing the door behind him. “So there you have it. That’s AULSSIO for you” Cameron stated, while he led Henry up the stairs and back into the foyer of Ligertwood. “Well, have a nice night.” As he was leaving, Henry turned around and called out to Cameron. “Aren’t you worried that I’m going to tell someone about this?” The Director laughed. “No not at all. After all, who would ever believe you?” The next day Henry marched up to the room, and felt for the panel, but after spending over 50 minutes looking for it, he gave up. Was that whole thing a dream? It seemed too vivid to be a dream. Just as he was about to head off to his next class he caught a glimpse of something in his peripheral vision. A tall student in an LSS branded trench coat, with LSS branded sunglasses, sipping coffee from an LSS branded keep cup was sitting at the foyer tables facing slightly towards him, reading a Hilarian, 16 eyes unmoving.

the law student’s Words by: christina Akele

Films with a premise centred around ‘law’ have undeniably captured the attention of the public for years. From star-studded casts to dramatic dialogue, law-related films always have a way of moving an audience, even if they are not always entirely accurate. But for us law students, some of these films might just remind us of the reason we are all here, and what we might one day achieve. For today’s issue, our recommendations include films that honour history’s legal heroes, a movie based on a famous trial, and – the essential – an inspirational chick flick. Also, keep reading for the perfect film to watch after mid-year exams that has little to no relevance to law, but with humour that is very, for lack of a better phrase, à la Hilarian.

Legallly Blonde (2001)

Movies

This classic chick-flick has really stood the test of time. The film may leave you thinking, ‘a video essay like that would TOTALLY get anyone into Harvard Law’, or asking, ‘how on earth did a FIRST-YEAR student get to work on such a high-profile murder case?’ Even the courtroom scene might be a little baffling for us law students. But there is no denying that this movie will put a smile on your face, even if the plot is somewhat hyperbolic (to say the least). The film follows Elle Woods (Reese Witherspoon), a privileged, seemingly vapid, yet charismatic girl obsessed with anything pink, who is dumped by her douche of a boyfriend after he is accepted into Harvard Law school. Believing that he is in search of a sensible law student, Elle manages to be admitted into Harvard Law in a quest to win him back, but she gradually realises her own intelligence and potential in the legal field and her trajectory soon changes. Whether it’s Elle Woods’ iconic pink courtroom attire, or the way that the film defies gender tropes and stereotypes, this might be the film to watch to raise your spirits – just suspend your disbelief for a second when it comes to the legal stuff.

must-watch list The trial of the chicago 7 (2020) This film is perfect for all the history nerds out there! While you might be able to spot some common courtroom drama clichés and historical inaccuracies, it does not take away from the complex characters played by familiar actors like Eddie Redmayne and Sacha Baron Cohen, and Aaron Sorkin’s script that conveys important messages that still remain relevant to this day. Essentially, the film follows the trial of eight activists charged with conspiring to cross state lines in order to incite a riot in relation to anti-Vietnam War protests (which began peacefully, but resulted in a brutal, violent clash with the police) during the 1968 Democratic National Convention. While there are initially eight on trial for the aforementioned charge, the film depicts how one of the defendants, Bobby Seale (played by Yahya Abdul-Mateen II), co-founder of the Black Panthers, had his case severed from the trial, leaving seven (hence the famous appellation given to the group). This film conveys the nearly five-month-long ‘political’ trial, mainly focussing on the defendants themselves, while also exploring the arguments of the defence lawyers and the motives of the prosecution. Also, just a warning: the judge’s infuriating prejudice towards the defendants might drive you insane while watching this film. Without giving away spoilers, the film’s ending will leave you with goosebumps and hastily looking up the events that inspired this thought-provoking legal drama.

RBG (2018) If you hadn’t already caught on, 2020 wasn’t the most enjoyable of years. Not only was there a global pandemic, but the world lost American Supreme Court Justice Ruth Bader Ginsburg, a true feminist icon. This documentary (I know, it’s not a movie, but it deserved a spot on this list nonetheless) is a must-watch for all law students, especially for those interested in gender equality. The documentary follows ‘the Notorious RBG’ and her incredible journey. Beginning with RBG’s time as a law student (who manages to balance her studies, motherhood, taking care of her husband who had cancer, and

ultimately graduating top of her class!), the documentary then focuses on her incredible work as a lawyer fighting for gender equality, all the way up to her appointment as a Supreme Court Justice. While you might mourn the world’s loss of a great legal mind, watching this documentary on a real-life superhero will leave you feeling inspired to continue the fight for equal rights for all.

marshall (2017) The film follows the early career of NAACP lawyer Thurgood Marshall (Chadwick Boseman), whose name probably sounds familiar – and for good reason. Before being appointed as the first African American Supreme Court Justice, Marshall was a highly influential civil rights lawyer. He was particularly known for his work on the landmark case Brown v. Board of Education (the United States Supreme Court case which ruled that segregated schools were unconstitutional). But, like I mentioned earlier, this movie focuses on Marshall’s early career, primarily, his work on the State of Connecticut v. Joseph Spell case, in which he represented the defendant Joseph Spell (Sterling K. Brown), an African American man falsely accused of raping a wealthy white woman. This film is definitely a must-watch for those interested in the history of the civil rights movement in America – which is everyone, amirite team?!

tv show trial by media (2020) This Netflix documentary miniseries explores six famous (or infamous) cases which received extreme media coverage, and how intense public scrutiny can affect the outcomes of cases. Each episode is gripping; providing different perspectives from those who witnessed the media storms first-hand, or who were directly involved in the trials. It also helps that George Clooney is an executive producer on the show! Episode 2, is particularly interesting as it focuses on the controversial trial of Bernhard Goetz, also known as the ‘Subway Vigilante’, who (without spoiling too much of the episode) served as inspiration for the character of the Joker in the 2019 film Joker. On the

other hand, law students might find Episode 3 especially impactful as it focuses on the murder of Guinean immigrant, Amadou Diallo, by four police officers, even though he was unarmed at the time. This case, which certainly remains relevant today, explores the trauma of racial prejudice and police brutality

need something to watch after a 2 hour exam? shrek (2001) You have just finished your last exam for the semester. You are exhausted, your brain is probably fried, and seeing anything ‘law-related’ might drive you insane. Well, Shrek might just be the perfect escapism to forget about your studies for two-hours. I am not going to go into the premise of this film, because honestly, if you haven’t seen it, I don’t even know what to say. Calling Shrek iconic is an understatement. Since its release in 2001, this comedic animation has cultivated a massive audience. Seriously, who can forget the internet’s bizarre obsession with the film’s protagonist? (‘Shrek is love, Shrek is life’, anybody? Ok, but seriously, what on earth was that phase?!) But the best thing about the film (and its sequel) is the comedy. The older you get, the more you realise what flew over your head when you were five years old (and trust me, it’s a lot). This epic animated adventure film is somehow filled with strange characters (to say the least), subtle pop-culture references and iconic lines. The soundtrack alone might leave you nostalgic for your childhood.

a definitive ranking of the best places to cry in liggy When week 10 rolls around and you don’t know what lecture you last watched and the thought of exams begins to loom over your head, it can feel quite overwhelming. So much so, that it is only natural to just let the tears flow. The Liggy can be the best place to have a cry; think about it, it’s the most likely place that coming out of a seminar will be the safest option. Don’t be ashamed, we have all been there and the following is a list of the worst to best places to have a cry in the Liggy, based on personal experiences (which is just handy to know, if ever needed):

4. The moot court. Not a very reliable and safe option unless you like the idea of a class venturing into the room halfway through to perform their advocacy tasks. Although the moot court may be a good place to trigger old sensitive emotions such as the time you lost the open moot, or the thought of David Plater grilling you on the position you took in your advocacy task, I overall would not recommend. Located right next to the stairs, it doesn’t give you much privacy, also I don’t think that Piper Alderman would be proud of you using their room for such purposes. 3. An empty seminar room. A nice place if you find an empty room and a better room than if you booked one in the Hub. The only downside to such a Liggy hidden gem is one of the Seminar leaders could walk in at any time. If this does happen, do not panic and act like you were supposed to be in the room waiting eagerly for your next class. However, this is risky business because might find yourself stuck in a foundation’s seminar going over the rules of statutory interpretation once more. 2. The foyer. Specifically, through the back entrance of the foyer near the couches and random beanbags on the floor. Although a little bit out in the open, the foyer is a nice place to have a cry as you might run into fellow suffering law students (finding yourself a literal shoulder to cry on). Being in the foyer also allows you to pick up a hand copy of the latest issue of the Hilarian ;) Plus the vending machine being right in the vicinity after a cry is very much needed to replace all that energy lost. 1. The law library. However, not just any old place in the law library. Firstly, any place that is in the view of the law library staff is tragic, they are certain to approach you if they see you in such state. Furthermore, those librarians don’t deserve to know the truth about law school life and are simply there to look thorough the many shelves of cases that I have never seen anybody use! Therefore, your best option is between one of the many bookshelves, making sure your out of sight of any studious people trying to catch up on this week’s readings. So there you go, the perfect place in the Liggy to have a cry, but just be careful your sobs are not too loud!

Words by: Harriette Smith

Your Average LAw resume Words by: edwina page

Another Forgettable Law Student Address: 234 Long way but willing to drive Street Mobile: 0466 666 666 3rd year law student with the time management skills of a boiled carrot but I am really good at working ‘under pressure’ (translate: last minute king). But, I am also really good at being nice to rude people (translate: I’ve been desensitised to emotions in general) Previous Employment 2018 - Present

Coles Responsibilities include selling my soul to the devil that is Coles Group. I scan groceries. Occasionally, someone asks me where the battery aisle is. Please get me out of here.

Relevant Experience Work Experience: • Worked for a week at daddy’s job, sorting out paper. • I don’t know what was on those papers. • I learned how to photocopy. • I probably should’ve known how to do that way earlier. Competitions: • I did AULSS Client Interviewing. I didn’t win, though • Debating team in high school • Law school - haven’t dropped out yet so you could say I’m winning. Achievement: • (Very close to getting my first) HD in law courses • High school honour roll (I was very close, at least) References: • My dad • My mum • That one teacher I had in high school that one time who gave me lots of As

wayville woes: a timeline o With the alleged return of face-to-face exams, I would like to share a timeline of some of my intrusive and panic driven thoughts during these tumultous times.

Spending an embarrassingly large amount of time standing in front of the table allocation paper Getting up early but somehow barely making it on time

‘I look nothing like my ID picture. I’m gonna get in trouble’

‘Wait, do I have my ID with me?

‘Ah thank fuck it’s right here’ Replacing most of my DNA with caffeine

‘WHERE THE FUCK DID IT GO’

of my internal monologue words by: Jade Uyen Lam

‘Wait do any of my pens even work?’ *proceeds to have a panic attack and checks every pen* ‘Can they read my handwriting? Shit, better rewrite everything’ ‘I mean, I can always retake this course, right? Right?’ *hand cramps*

‘Yeah, I’m prettyyyy sure this was a precedent’ ‘Yeah, there’s no way we actually learnt this ever’

breaking: 90% of students already unenrolling from winter school

Words by: daniel sladojevic Considering the challenges of 2020, it comes as no surprise that the following Academic Year was met with high hopes, perhaps invigorated by face to face learning – or better yet the succulent flexibility of ~blended learning~. Hence, it was only natural that following the Semester 1 exam period, a record number of law students, perhaps energised with ‘post-exam motivation’, decided to take a proactive step for their education and enrol in Winter School courses.

recounted the extreme anxiety and flashbacks she experienced from seeing the “Getting Started” and “Welcome Back” emails flash up on her phone, as she purchased yet another vodka raspberry.

“My heart just sank”, she sighed. “I’m not sure if I was actually ready to give up my Tuesdays at the Ed, Thursdays at the West Oak, Fridays at Loverboy, Saturdays at Fats and Sundays at the Moseley just yet. It’s a huge sacrifice – I’m just so burnt out after According to recent data, enrolment rates my two exams.” for Winter School courses increased rapidly immediately following the completion of Thankfully for Rebecca and the other stulaw exams. This increase correlated with gut dents in her position, she was able to both wrenching post-exam discussions; ‘what did unenroll prior to the Census date and do so you say for Part B? Oh…Honey no’. It is also without telling her parents – because “what interesting to note that those enrolling in they don’t know, won’t hurt them.” Winter School subjects are eight times more “It does kinda suck to have to do a full load likely to be in their final year, having truly next Sem” Rebecca said. “But I’m a lot more given up on actually retaining anything from serious about my education now than I was law school. Plus, it is becoming increasingly a few months ago, and maybe I’ll lock a difficult to justify the holiday-to-study-day ra- summer school course in for the end of the tio to parents, especially with the majority of year instead.” Statistics predict that this is, in fact, highly unlikely. Rebecca has a higher students remaining in the nest. probability of enrolling in a supplementary However, as predicted by analysts (see: nerds; exam at the end of Semester 2. dorks), the opening week of Winter School in July saw the number of enrolled students As students continue to fight internal batplummet. Many students discovered they tles as to whether sacrificing their mid-year were not yet committed, nor emotionally respite is ultimately worth it, one thing we stable enough, to return to Ligertwood and can all be sure of – other than Rebecca breaking her promise (again) – is that this is re-live the horrors of the past semester. a vicious cycle for all law students, which will Rebecca (Third Year) who unenrolled from continue to claim many a victim – year after 26 year, after year. her Succession Winter School course,

My thoughts on the midMy thoughts on the midsemester break semester break words by: bellarose watts I feel so lied to Betrayed I’ve tried to Understand you But I fear I cannot The lecturers wish us a “good mid-sem break” But the only thing I see breaking is my heart When I click onto myuni and see To my utter despair The assignments you’ve given me are endless A quiz A problem question A research task Suffocate me, as my screen whispers ‘Are you still watching?’ From my other tab I wish my “break” didn’t end in a breakdown How foolish I was to think I could get all my assigned work done In the last week How naïve When it’s winter, and the beers taste extra sweet And then Just when I thought I’d survived Week 7 hits My childish heart had truly believed This year would be better Oops.

how badly do you need th t go-to cry These are some tough times. Exams are fast approaching, you’re having a bit of an existential breakdown. But what does your go-to depression music say about how bad you need to get help? Well, as a self-proclaimed ‘person who listens to a lot of music’, I drew up a guideline for you. *Warning: Mad Satire Ahead*

Lana Del Rey You either actually have daddy issues or 2014 Tumblr has groomed you into romanticizing sleeping with old married men, smoking skinny cigarettes and unironically taking cry-selfies. Either way, get some help bestie! You’re a victim!

Radiohead If your go-to is Radiohead, this is your sign to get a mental health care plan. You’re probably either a ‘thick rimmed glasses poli-sci neckbeard’ or have a superiority complex because you think your music taste is unique. It’s not, and you need therapy.

frank ocean Painting your nails black and skating alone in the dark is your self-care. Your parents did everything to ensure you grow up comfortably, but you refuse to converse with them during dinner. You don’t need therapy, just grow up, king.

joy division Get help please. We both know that you haven’t felt physical touch since the cashier at the record store accidentally touched your hand when they gave you your receipt. And that was 5 months ago because you never leave your room.

therapy herapy based on your music? words by: jenny jung

sun kil moon If you listen/cry to Sun Kil Moon, DM me <3 Also, you should probably go to rehab.

phoebe bridgers You’re probably crying because your parents won’t let you go to Splendor this year, or you’re recovering from a bad breakup. Either way, nothing a Shein haul can’t fix right?

American football You’re really cool and I want to be your friend. But you’re also really sad and you need to put that beanie and flannel shirt on and walk your way to a therapist.

Elliott smith

You are not okay! I have not met a single Elliott Smith listener who isn’t spending their nights getting body warmth from a plushie while they sadly eat yoghurt alone in bed, watching comfort movies. I am also an Elliott Smith listener. Help me.

coldplay You don’t need therapy, you need to be psycho-analysed. In all seriousness, I know how rough it is to feel like you have no one to talk to, or to feel hopeless. Your feelings are valid, and there are professionals even just here on campus who want to help you! Try these services: Uni Counselling: counselling.centre@adelaide.edu.au Mental Health Triage: 131465

law school bingo words by: jade uyen lam

someone ‘nah i haven’t heated discusst. raphs wears a suit sion ensues due colourful cup read the that does not to mature aged used as prop cases’ student fit

someone drops out

stubbsy tries to intimidate a poor first year

student who went to 0 seminars finally rocks up during revision week

that one person that brings a satchel to class

coffee consumption flex

political conversation noone asked for

crying in public toilets

‘lawteacher. net’

free space

‘have you done the readings?’

*insert various snail jokes*

panic attack

unmutes only

making up your own precedents during exams

*law & commerce*

binge-reading the hilarian as main source of serotonin

*ctrl f*

‘6 hours? pfft induced by the to say ‘thanks’ i only got 4 words ‘assumed at the end of a last night :P’ knowledge’ zoom class

‘i’m studying law to make a difference <3’

someone did english lit in year 12

asking for notes you’ll never use

better better call call saul saul about about the the eshays eshays

words by: daniel sladojevic

Have you ever wondered how you can actually arrest someone? Sure, we’ve all seen it on Law & Order and that Night Stalker documentary, but what can I legally do if I need to arrest someone? What if they resist? And what if they’re an eshay? What is an eshay? Like yourself, I didn’t really care about, or think I needed to know the answer to any of, these important questions until very recently.

happen if I had tried to tackle one and put him under citizen’s arrest. Was I even allowed to do that? Surely, but when could I? Would it be assault if I hurt him while tackling him?

First, an eshay? Do you mean those skinny wanna-be gangsters who roam around Rundle Mall with their speakers and bum bags just screaming Kerser lyrics? Well yes, basically. Urban Dictionary would add that they usually walk around in polo shirts, tracksuits and weird Air Max’s while adopting a strict dresscode of Ralph Lauren, Nike, Tommy Hilfiger and Adidas – but you get the message.

In circumstances you may need to arrest and detain, a person – you better keep in mind the following information:

Instead of trying to work this out by myself, I did the smart thing and called attorney-at-law Saul Goodman, who gave me the following advice:

In SA, you can legally arrest and detain a person if you witness them commit:

1. An indictable offence 2. Theft 3. An offence against the person (homicide, Now, a few weeks ago while picking up pizza neglect, assault, rape, etc.) from Dominos at 11pm on a Friday, a group 4. Interference with, damage to or destrucof four young eshays decided to jump out on tion of property the road and egg my car with nearly a dozen eggs. Yes, that actually happened, and I’ll ad- If arresting someone, you must: mit there were nearly tears then – but I clearly 1. Witness them commit the required ofsee the humour in it now. However, at the fence. time I was seeing pure red in anger, and had 2. Tell them you are arresting them, and I not been on crutches, I would have parked why. the car, attempted chase and hopefully tack- 3. If force is required, it must be reasonable led at least one of them. 4. Once they submit to arrest, you must call police or otherwise deliver them into poLuckily, this didn’t happen and I helplessly lice custody. watched them finish recording their Snapchat and run off into the adjacent Foodland For more information, see section 271 of the carpark. After cooling off and eating my piz- Criminal Consolidation Act (SA). za(s), I thought about what would actually 32

recipes recipes for for all all you you broke(n broke(n hearted) hearted) law law students students out out there. there. Do you have a minimal budget, minimal cooking skills and a maximum hole in your heart because you’re sick of eating toast for breakfast, lunch and dinner? Never fear! Here are some (vaguely) nutritious meals that will help feed your brain and get you through law school. Disclaimer: If you can’t manage to cook these then there is quite possibly no hope left for you. Your only hope is to marry rich.

Recipes 1: Instant Noodles but make them ~fancy~ Long have the people minimised instant noodles as the diet of poor, lazy and malnourished Uni students. They’re right but use this recipe to show them we also possess culinary skills slightly greater than a 10 year old and only require the simplest of instructions to succeed. Pro tip: Many packets of instant noodles are vegetarian/vegan friendly

Ingredients • A packet of instant noodles and the flavouring (for extra nutrients) • A cup of mixed vegetables (use the frozen ones, they’re cheap just like you hun) • Chilli flakes • Soy sauce • Garlic (fresh, minced, dried - I don’t care) • Oil

Method

1. In a hot frying pan add a dash of oil and cook your garlic until golden brown – try not to let the garlic aromas permeate your clothes too much unless Buffy the Vampire Slayer is your dream aesthetic. 2. Once cooked, add in your cup of frozen veggies and let them cook 3. While the veggies are cooking in the pan take you 2 min noodles, pop them in a bowl and cover them with boiling water. 4. DON’T FORGET TO STIR THE VEGGIES!!!! 5. When the noodles are cooked, strain the water and set them aside. Afterwards, feel free to repurpose the colander as a quirky attention grabbing hat. (You know you want the validation). 6. When the veggies are cooked add the noodles to the pan along with the flavouring packets, chilli and soy sauce to taste.

Recipe 2: Burritos/Tacos/Nachos/Extremely westernised Mexican food A wise person once said, “you can’t taste your disappointment if you cover it in enough spice”. With this recipe you can do just that and ignore your problems while filling your stomach in preparation for your daily nap. Whip up a quick batch of some delicious tacos and enjoy!

Ingredients • Can of kidney/black beans • Can of diced tomatoes • Half an onion diced (you can pretend it’s making you cry but we all know it’s really the impending doom of 4 unfinished assignments) • Packet of mexican spice mix (You can make this yourself but honestly who has the energy) • Any vegetables of your choice or whatever you have wilting in your crisper • Tortillas/rice/corn chips • Sour cream • Cheese • Meat. Kidding! No meat. You’re earning a law clerk’s wage remember?

Method 1. In a hot frying pan add a dash of oil and cook your onion until golden. 2. Add the can of beans and any other vegetables and stir for a few minutes before adding the diced tomatoes. 3. Add the spice mix and stir. 4. Take off the heat and serve with whatever your heart desires. 5. Stop procrastinating and go finish those readings!!!

Recipe 3: Whatever you want to eat waffles. The best thing about this recipe? You can use anything! Your leftover burrito mixture! Your old hopes and dreams! Want to offend several cultures and foodies at once? Make a pizza quesadilla waffle hybrid! Just pop whatever you see when you open your fridge into a waffle maker and toast it up! Don’t have any waffle mixture or anything else that resembles food handy? That’s okay! The clean, un-highlighted pages of your law textbook purchased last semester will work just as well!

Beverage suggestions to accompany your meal: Water is for the weak. Don’t deny yourself that 10th coffee you’ve been craving. Your lawyer brain needs all the bean juice it can get.

words by: bellarose watts

wasted wednesdays: wednesdays: wasted an investigation investigation an words by: Harper robb

Wednesdays on the East-End is an untouched savanna of corduroy and tote bags where the 5-day working week comes to die. Centralised at Roxie’s and Cranker, but encompassing most of Rundle Street, the Wasted Wednesday crowd rejects the conventional model that weekends hold exclusive rights for getting off your chops. The genesis of this sacred pub night can be drawn back to the unbeatable drink deals only found in the East End. $3 schooies and $5 spirits drew in young, struggling students who were ready to give up on their week, despite only being half-way through it. Although in the post-COVID era, Roxie’s and Cranker have tragically dropped their specials, Wednesdays remain a hump-day ritual for those lacking real-life responsibilities. Whilst no longer a cheaper night to drink, the same crowd can be seen, blacked out, on the pavements of Sugar every Thursday morning. As a personal Wasted Wednesday devotee myself, the shocking consistency of the Wednesday crowd only raises disturbing questions. If there is no financial incentive to drink on a Wednesday, what remains so appealing about the midweek sesh? Thus, my search for answers began. What results is a deep dive into the melting pot of cliques found drifting upon Rundle Street on a typical, but hallowed Wednesday.

The hot, unobtainable tradie who has got work at 6am This tradie NEEDS a break from the grind. It’s been 3-days of early morning starts and he’s had it. He’s got a bum bag and a cool hair cut as well as a 10-hour day ahead the next day. He’ll go hard at Cranker and probably moonlight at Fumoblue, but when the clock strikes twelve, he’s nowhere to be found. Although he reckons you’re “really hot”, his prior engagement means you’ll never go home together. At least you gave it a crack!

The uni student who couldn’t care less “Uni won’t stop me from living my life!” exclaims student with 3 contact hours per week. She’s 5 drinks in because honestly, her only commitment tomorrow is a non-compulsory seminar where she won’t contribute to the class anyway.

The guy hoping to break into radio Always taking Bitcoin advice from the bloke wearing an AC/DC top because “hey this could be a segment”. He somehow has no commitments but is simultaneously definitely about to make it big on Fresh FM. The contradictions don’t stop there. Despite not having a job, the cash keeps

The Med and Engineering students trying to forget their degrees

The First Years who just found out you can literally drink whenever you want

The failures and successes of mid-week tests are often unpacked over a pint on the East End. These lads and ladies are well dressed, have hopeful futures and are in the Uber home by 10pm. Not because they’re weak, but because they’ve been on it since the arvo, already won quiz night and they have to do a few tackies before bed. 9am pracs wait for no one.

These guys are throwing out the rule book in a big way. Drinks at the Uni bar during lunch are a gateway drug to Wasted Wednesdays. This group is what can only be described as a vocal minority, whilst their numbers remain small, they’ll definitely make their presence at Roxie’s known. However, come Semester 2, these fresh-faced darlings will dissipate along with the Wednesday novelty and their previous course load of 4 intro topics.

The goth kids who are definitely headed to Ancient World They’ll dutifully read the upcoming acts plastered on the Cranker chalk board, down a few schooies then head to the promised land. Ancient World is Adelaide’s indie capital and low-key goes off on a Wednesday. The inclusive crowd is fun, quirky and will bring out the niche political opinions you didn’t know you had. Don’t forget that “NFTs are an ecological nightmare pyramid scheme!”.

Female Triple J listeners in leather jackets Hobbies include: looking hot at Roxie’s. Curtain bangs: 50% of their personality. Out because the Roxie’s bartender looks a bit like Timothee Chalamet and they need their weekly swoon sesh.

While salvation and redemption may not be found at the bottom of an Exeter jug, an escape from hump-day may be waiting for them there. Whilst each hedonist descends upon Rundle for a distinctive reason, we are all bound by the collective pursuit of getting on the lash.

HILARIAN DISCOURSE HILARIAN DISCOURSE HILARIAN DISCOURSE

Obscure areas of law you probably didn’t know about: roman law and canon law interview by: christina akele What is Roman law? What is Catholic canon law? We have probably heard of these areas of law. Perhaps some of us are even familiar with them and have strong opinion on either one. While both these systems may seem out-dated or irrelevant, they are certainly fascinating, revealing the basis of our current legal system in the case of Roman law, or providing us with legal context about current crises facing the Catholic institution. I sat down with Fr. Kevin Taylor to ask questions about these somewhat unknown areas of law. Fr. Kevin was asked by Archbishop Faulkner to study canon law in Rome at the Pontifical University of St. Thomas Aquinas between 1995 to 1997. As part of the course, he studied the Roman law system. He later worked as a judicial vicar in the Archdiocese of Adelaide between 2004 to 2012 as a canon lawyer and taught Roman law at the University of Adelaide between 1998 to 2000.

roman law CHRISTINA (C): How would you define Roman law? FR KEVIN TAYLOR (KT): “Roman Law is the structure of law that was established by Emperor Justinian and it was then put in place throughout the Roman Empire, giving people rights and obligations. The rights went with those who were ‘free people’ – slaves had no rights – and so Justinian then wanted to order society. So, he gave [the people] obligations towards the State. From these rights, various issues started to arise that needed to be addressed. These were introduced into a legal system which took on a power of its own in many ways, and it developed a system where jurists were introduced. Jurists then would write arguments on a particular passage of law which then became a reference point and a teaching model.”

C: Why do you think that Roman law has informed so many legal systems in the modern world? KT: “[Emperor] Justinian [who lived in Constantinople at the time] was the central figure

in the study of Roman law. In about the 6th Century, he ordered the work containing the the laws to be brought together. This was going to govern the whole of the Roman Empire, which stretched from Turkey, all the way through to Great Britain. The Roman Empire needed to be administered justly and evenly. As lands were conquered, the need to put in place a legal system which made their subjects accountable to the Emperor, or to his representative, the Governor, became increasingly important.”

C: What were the original sources of Roman Law? KT: : “The decretals (written decisions) of the various Governors in the provinces on a variety of issues formed the basis of the sources. The Romans, when they conquered a

39 nation, would subject the people to their rule of order while allowing certain practices

of the culture to continue. For example, the Jewish people [of Jerusalem] had a very strict legal system based on religious law. The Romans integrated that into their society and structure but made those laws accountable to themselves. Therefore, the Roman law assumed what was the common practice of the people, but tightened it and controlled it, so the people became subject to the Roman authority. Rome was the one who determined how the laws were interpreted… Roman law was constantly picking bits and pieces out of the cultures that it had conquered and was constantly adapting it and placing it under the subject of Rome.” “As Roman law was imposed on the whole of the Empire, subjugating all the peoples to it, they adapted so that the conquered peoples were not seen to be in conflict with the occupying power. But these people also benefited from the structure and order imposed, therefore it was beneficial to maintain the structure – it’s like they kept the best parts of it. [Those under the empire] saw the best parts of [Roman law] and the good ordering of it. Rome was the one that could impose the penalties: criminals – executed, imprisonment, confiscation of lands, taking away of rights – all [punishments] were determined by the governing power [but] religious practices were generally not interfered with. Yet, when Rome withdrew, [these cultures] maintained the Roman Law but administered it themselves, calling it their law.”

C: How was Roman law structured as a legal system? KT: “If you look at the structure of the Roman law, it is divided into sections dealing with the good ordering of life when it was codified. You had Persons, the rights of persons such as marriage. Only the ‘free’ could marry in Roman society, or [at least] those who were seen to be the upper part of society. Slaves could not marry [but] they could have children. However, the children would become part of the property of their master.”

“Then there was [the section of] Property and Ownership. As people earned properties and had rights to that (for example, growing their own crops) they had to pay tax. They had to pay for the water they used, they had to pay for what ‘services’ were deemed to belong to their territory. Again, [it was] at the discretion of the governing body to determine who could have that ownership and who could administer it. Documents of Ownership; Property; Possessions became essential, and these were drawn up by jurists and registered in case of disputes.” “With Roman Law you begin to see that with these divisions, comes a structure for a legal system. You have: People and their rights, Property, Ownership, Possessions and Fidelity and Prescriptions, etc. The in Book 4 or 5 of Justinian’s code, you have Obligations to the State and to the Emperor and how you could lose those obligations and pay the penalty. Quite often it was not just the individual, but it was the individual and their family who paid, so everybody was part of the transaction…” “In those times women were seen as the possession of the man and she could be confiscated as part of the penalty, so the wife did not have any rights under the law, it was only the male and his line – the one who could hold possession and defend the Empire when called upon.”

C: What was the jurisprudence of Roman law? KT: “The jurisprudence [of Roman law] really developed into a scientific discipline and

it was something that evolved. It took on the responsibilities from what was happening 40

in the Empire in a land that was being subjugated to Rome. So, for example, the Kings of the Germanic tribes would lose all of their rights, their people would be subject to Rome, the people would pay taxes and would have to hand over their sons to the Roman army, becoming dispossessed in many ways. This becomes the law of conquest. So, it is then seen as being a right of a conqueror, and in it becomes the right of the State. In this way we see how [Roman law] developed…it came out of practice. And the practice was how to subject these people to make them toe the line to be ‘Roman’. The more you won favour, or toed the line, the more rights you would be granted.”

C: How did the financial system work under countries under the Roman Empire such as Great Britain? Did they switch the currency that was used in Rome? KT: “Yes, they used their own form of currency. They introduced their own documents

of ownership and receipts so that people paid their tax to the local governor and it was remitted to Rome or to the Emperor so that he could continue building on projects [and cities].”

c: How does Roman law help us understand family law, torts, law of succession, etc. in the context of our Australian common law system? KT: “If we look at the Roman law and the structure, we still see that we have People,

who have Rights, who have Obligations. We still see that penalties can be imposed for a crime. Or a deliberation is given in favour of one party over another. This all comes from the structure of Roman law and the rights of the individual and the obligations of the individual. Law is always changing and its always adapting, but the basic structure and principles have remained the same…that is the basis for many common law systems and civil law systems: people have Rights, Obligations and duties towards the State. If we want goods and services, [citizens] have to pay the taxes.”

c: What distinguished Roman law from common law or civil law systems regarding procedure? KT: “Roman Law started the process with jurists. Because the Governor could not always

be in every town of the province, he would have people who were there to administer the law. Generally, it became separate from the role of the Governor. The Governor represented the Emperor, and so the jurists studied the law and the rules of the society and often would write an opinion which would be shared throughout the Empire [so that everyone could be on the same page], keeping the laws uniform. But those opinions became the jurisprudence; the basis of which a case was determined. Here we see developing the whole sense of jurisprudence for our criminal system. We have this system where we can look at precedents of other cases, learn from it and apply it. In a real sense, this goes right back to Justinian and the Roman Law system.”

c: Were there judges and lawyers in the Roman legal systems like we have today? KT: “There would have been judges. An individual would bring a case against their neigh-

bour and a learned person would adjudicate it. That learned person would have their scribes who would then ask for the research to determine what needs to be done. The 41 judge would listen to the arguments and then make the determination based on what

had been the common practice. Lawyers came as a result of those writing jurisprudence, they became like ‘experts’ in the law and went from being advisors to those who did the determination. As the need for lawyers grew, as people grew confident in the system to have things arbitrated…legal schools started to develop.”

CANON law

C: How (and why) did canon law begin to evolve?

KT: “Where canon law started to evolve was when Christianity became the religion of

the State (and it came to be acceptable) from Emperor Constantine III. The Church was given parcels of land for its administration of its property and for the community and the administration of its charitable works. This then brought with it certain clashes with people who fell out with the Church…so it needed to have a system of resolving these disputes. Many of the lawyers who had studied the civil law, and were also embracing the Christian faith, were out to protect the Rights of the church and its properties.” “This probably started in regard to property, but it went on to the rights of individuals. As the system of Clergy developed, they [themselves] had rights. Who were [the Clergy] answerable to? Were they answerable to the Governor? Or were they answerable to the Emperor? Or were they answerable to the Bishop? So, the role of the Bishop becomes more and more equated with those of the Governor, and he would govern the clergy and keep good order in the Church community.”

c: What are the links between canon law and Roman law? KT: “Canon Law embraces the Roman Law principles, but it is based in the theology of

the Church. Going back to the example of marriage: marriage is a covenant between a man and a woman in canon law, whereas, in the Roman and civil law, [marriage] was a contract. Now, you can argue about covenant and contract. But the covenant takes us back to the Old Testament with the agreement between God and His people… In Church theology, a man and woman exchanging consent brings about the covenant of marriage. In civil law, it is the signing of the contract that brings about the marriage. So, the two go side by side. It is trying to create a balance but protect both rights.”

c: So, this would have spread throughout the Roman Empire? KT: “Throughout Christendom.” C: What are the sources of canon law? KT: “Canon law really came about in a much similar way to Roman Law. There were deci-

sions written by Popes to help various bishops throughout the world deal with problems that were coming up in the administration of their diocese. To try and bring that all together, the Pope asked for it to be codified, starting the process under a priest called Gratian and he brought them together in a treatise known as the ‘Decretals’. The Decretals then became like a textbook for bishops to deal with problems. St Raymond of Penyafort was another canon lawyer who brought them together under different headings” “These decretals were the forerunner to the 1917 Code of Canon Law. The Decre tals gave each bishop principles for deliberating arguments within the diocese. Then, a 42 tribunal system started to develop around that. The tribunal was a group of lawyers who

were able to reflect upon a problem, apply the law and give a decision. They would give a decision to the Bishop who would then impose the decision or apply it.”

C: Did that decision have any implications on the public life of citizens? KT: “As these decisions came together, and brought together in this body of work, then it

becomes more of a common practice and it becomes the thinking of the Church. Then, of course, it finds its way into the theology, into the thinking, into the determination of the Rights and Obligations of the Faithful, binding on all members of the Catholic Community. It becomes more and more of a system of law, but it is evolving all the time. Like Roman law, it is adapting to various cultures, taking good bits out of various cultures and embedding it in there, so that the rights of the people are looked after.”

c: What distinguished Roman law from common law or civil law systems regarding procedure? KT: “Roman Law started the process with jurists. Because the Governor could not always

c: You have mentioned the rights of people and how the canon law affects them. Throughout history (e.g. in Medieval Europe), did Canon Law apply to everybody? Or did it just work in conjunction with, for example, the common law system? KT: “The easiest answer to that is to say that they went side by side… If it was a religious

argument, the religious debate was given precedence. If it was a dispute over rights and obligations for the town, then the civil [law] would be the area to go to. Canon law has always had this principle in it that [it] bows to the civil law in matters of criminal intent and things like that. For example, to bring it into the current climate, over the abuse [in the Catholic Church], the Church has been accused of protecting its own. It 43 cases certainly looks like that, but that is not what its intent was…The intention is that we

allow the civil law to take its course and deal with the matter. After that is concluded, we then conduct a canonical trial – a separate trial – but we might be able to ask for the evidence that was gained in the civil [or criminal] trial to assist us, but we would then look at it from the religious point of view. So, when people call for the defrocking of a priest who has been an abuser, we have to sit back and let the civil law finish, and that involves the penalty. When that is all concluded, then we are free to act because if we act before then, we are seen as interfering in the civil legal process. But if we do not act, we are seen as neglecting. So, we are in a no-win situation with that. But it is always the intent to allow the civil law to run its course before we start any canonical process.”

c: How do legal professionals in the field of canon law, particularly in the Roman Curia, respond to issues like the sexual abuse scandal in the Catholic Church and the institutional coverups of these offences? KT: “The Roman Curia is applying the laws globally, internationally. The laws have to

be read and applied to the facts of the case. What Rome has recently done, is rewritten a section on penalties and sanctions. They have updated a number of the canons and added another four or five canons so that it can actually move forward with stronger penalties and greater accountability in cases of abuse. That has happened under Pope Francis…in the last three years. They came into effect, probably, twelve months ago. So, it is always evolving and changing; the first codification was in 1917, followed by the review and renewal in 1983, and now we have had these extra updates.”

c: In a general sense, a lot of the time we find that the Catholic law can be seen as inconsistent with what the general public believes to be true or moral. How does canon law adapt to social, economic and cultural shifts? KT: “The law is fluid. It is changing and adapting to the circumstances and is always in the process of evolving. To say that it is totally entrenched in the past is not quite true. Yes, some theological concepts are, but generally, as you apply it, it has got that flexibility.”

C: What are current changes being enacted in Rome in the Vatican, particularly regarding the Roman Curia? KT: “At the moment we are waiting on a new document…where Pope Francis has restruc-

tured [the Roman Curia] to decentralise everything from Rome, putting it back into the diocese and calling or greater accountability (particularly in the area of abuse), to work with civil authorities, to have structures in place for child protection, etc. So [Pope Francis], is throwing it back to the local church…Pope Francis is trying to bring in a greater sense of accountability to make the system work, where we respect the religious law, but we also respect the civil law. So, a criminal does not get away with [the crime] and the Church is not seen as ‘covering-up’.” “[In regard to the sexual abuse cases], the Church has to acknowledge that there has been a culture of cover-up and say ‘yes, we’ve got it wrong. We’ve got to move forward and make it better for the next generation and the current victims.’”

A thought-provoking note to end on! I would like to thank Fr. Kevin Taylor for is time 44 and for his insightful responses!

decorate/colour/design this friendly coffee cup!

[This page has been unintentionally left blank]

LSS Merch is Still for Sale! Come down to the LSS Office at Room 1.06 and get your very own LSS Rugby Jumper for $50 each! (Subject to availability)

The Hilarian - Issue 2 2021

Articles inside

Better Call Saul: About the Eshays

Hilarian Discourse: Roman and Canon Law

90% Students Unenrolling from Winter School

Recipes for broke(n hearted) law students

Wasted Wednesdays: An Investigation

How Badly Do You Need Therapy?

My thoughts on the mid-semester break

Your Average Law Resume

When you still don’t have a clerkship

Liggy Love Letters

A definite ranking of places to cry in Liggy

The 2 minutes before you submit your online exam

AULSSIO

Law Student’s Must-Watch List

What your UniBar go-to says about you

Editor’s Welcome