A Thought of One's Own

It's difficult to feel creative when you're massively overworked. You expect uni to be challenging, that's part of the appeal, but I'm currently suffering under the burden of an overzealous tutor who sets three times more work than a normal tutor would and, furthermore, expects that you will never argue with their opinion, ever. Because of course they're always right. Which is frustrating, because it means there's absolutely no possibility of any sort of theoretical discussion because it's just: this is how it is, and we're not going to discuss how it could be. 


Because there are two main ways of looking at law, it seems. You can look at it as some strange body of a thing that we don't make but instead decode from cryptic revelations of logic, or as a man made structure that can be altered and adjusted according to theoretical and practical needs. Mostly this tutor of mine is in the former camp, and I'm in the latter. So when I suggest a theoretical basis for a change, I get shut down with 'there's no precedent for that' and we carry on talking about what she thinks. Which annoys me. 


I was under the impression that law was about facilitating justice and the right outcomes. You only have to look at administrative law or criminal law to see that judges will bend over backwards to make the law do what is morally or 'naturally' just. So if something is clearly producing unfair results (take, for example the law in contract that some modifications are enforceable and others aren't) surely you should engage with ways of changing it so it produces the right result. Then you can worry about the case law later, because if the judges want it to happen, the Supreme Court will make it so one way or another, in the interests of 'natural justice' and so forth. 


Open your minds! Engage with the issues! You'll never get a first if you don't.
But don't engage with them if it means disagreeing with me. 
Because I am God.