Studying for Law

Since I’ve been asked to help others study for Law, several times, I thought that I should just write an entry about how I think it should be approached. Keep in mind that I’m by no means a four-flatter and that this is the first time I’m actually studying Law. However, having a PhD and being a lecturer, does give me some insight into tertiary education that many of my classmates may miss.

So, take what I have to say with a table-spoon of salt. But here goes.

Read a lot and read widely. I cannot stress how important this is for Law. In engineering, I would tell my students the exact opposite – that is to do and not read so much because engineering is a physical subject, not theoretical. You cannot learn engineering from books.

However, Law is an entirely different creature. Instead of going out and practising Law on the streets, a Law student must be grounded in the underlying philosophy that underpins the legal reasoning and forms the foundation of the legal system that we have.

Therefore, I would have to say that Law students have to read a lot and not just the one text-book. I have to say that for most of my subjects last year, I read at least one book from cover to cover, and picked important sections from another. So, that makes it about 1.5 books on average.

My reading doesn’t stop there.

I read the cases too. Instead of reading the online versions, I actually go to the Law library and photocopy the cases so that I can carry them around with me wherever I go. I would just fold them in half and stuff them in my bag. I would read the cases when I was stuck in traffic, when I was in the toilet, when I was having dinner, etc.

However, I must stress that reading cannot just be done for the sake of reading. The reading has to be done with a clear purpose of understanding the Law.

Therefore, as I read, I questioned. This is advice that I would give to students everywhere, whether Law or Engineering. We have to always as just one question – why. In Engineering, the purpose is to find out how something works the way it does so that we can manipulate it. In Law, the purpose is similar – to understand the legal reasoning behind the decisions so that we can use it.

Now, I don’t stop there either. Once I understand the legal reasoning, I try to go a step further to ask – why – again. We need to not just understand the legal reasoning at face value but also the reason behind the reasoning. This typically dwells into very philosophical matters but it’s something important to know too.

Once that is achieved, I think that it’s safe to say that we’ve understood it sufficiently.

Memorising cases is only important as examples because our Common Law system works through analogies. However, it’s still the underlying legal principles that are more important. Those have to be understood. Then, the cases merely serve as examples to illustrate the point that we’re trying to make.

The rest of it is just positioning and garnish. I personally think that as a student of Law, we must learn to take sides in an argument. Some will disagree with me on this. However, I think that it is necessary. By all means, learn to see all three sides of an issue but always pick a side to stand on after that.

Anyhow, that’s what I think is important.

I must stress again that I’m no means an expert at Law studies. I’m an Engineer, through and through. However, all undergraduate education is the same – learning the fundamentals. So, that’s what we’ve all got to master and for Law, those are the legal principles.

PS: Instead of photocopying, maybe I can just print out the online versions. I wonder if that would save me some paper. Better yet, buy a tablet and carry the PDFs around with me.

Unlawful Sumptuous Erotica

English: A man and a woman performing mutual o...
English: A man and a woman performing mutual oral sex in the 69 position. Deutsch: Mann und Frau beim beidseitigen Oralverkehr in der 69-Position. Português: um homem e uma mulher na posição 69. (Photo credit: Wikipedia)

Disclaimer: Mature content ahead.

I’ve written about the more fundamental philosophical aspects of the Sumptuous Erotica issue in my other blog but in this blog, I’d like to talk about specific legal issues that are the result of them publishing their sex acts online.

Obscene Content

According to S.211 of the Malaysian Communications and Multimedia Act (CMA):

(1) No content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day or part of a day during which the offence is continued after conviction.

This section of the Act clearly applies to the issue of publishing obscene content on-line. In fact, this Law allows the government to even go after the service provider!

According to S.11 of the Singaporean Undesirable Publications Act:

Any person who —
(a) makes or reproduces, or makes or reproduces for the purposes of sale, supply, exhibition or distribution to any other person;
(b) imports or has in his possession for the purposes of sale, supply, exhibition or distribution to any other person; or
(c) sells, offers for sale, supplies, offers to supply, exhibits or distributes to any other person, any obscene publication (not being a prohibited publication) knowing or having reasonable cause to believe the publication to be obscene
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

According to S.29(1) of the Singaporean Films Act:

Any person who makes or reproduces any obscene film (whether or not for the purposes of exhibition or distribution to any other person), knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —
(a) to a fine of not less than $20,000 but not more than $40,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b) in the case of a second or subsequent conviction, to a fine of not less than $40,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

So, the punishment in both Malaysia and Singapore is similar for a similar offence of publishing obscene material – a decent fine and minor jail term.

Crime

If you look around, you will find that they had indeed engaged in oral sex, with publicly available evidence and admission of them doing it ala Chua Soi Lek.

According to S.377A of the Malaysian Penal Code (PC) states that:

Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.

S.377B of the Malaysian Penal Code further states the punishment:

Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

S.376(1) of the Singaporean Penal Code is worded differently in that:

Any man (A) who —
(a) penetrates, with A’s penis, the anus or mouth of another person (B); or
(b) causes another man (B) to penetrate, with B’s penis, the anus or mouth of A,
shall be guilty of an offence if B did not consent to the penetration.

So, I sure hope that they did not commit the crime in Malaysia. Otherwise, they are in for a treat – jailed for up to 20 years and whipped.

Serious shit.

I hope that the two actors, Alvin Tan Jye Yee and Vivian Lee, sign up separate lawyers and stop talking to the press immediately.

Second Year

Law School
Law School (Photo credit: Tulane Public Relations)

I’ve just recently signed up for my second year Law classes. Funny thing is that, our first year results aren’t out yet! I’m merely making the assumption that I passed them all and am moving securely onto the second year.

This coming year, I’m going to take these subjects, in order of decreasing interest:

Family
Knowing me, I’m a penyibuk who likes to jaga tepi kain orang and therefore, Family Law has massive appeal. It’s always nice to read up on other people’s dirt that get dragged up during a divorce. So, I’m certainly looking forward to reading cases on this.

Criminal
Crime intrigues me. I have a slight criminal bent. I have always been interested in criminal minds. So, reading up on criminal cases would be fun too. However, I am reminded that not all crimes are exciting. There are plenty of petty crimes.

Administrative
I once worked for a government agency and I have learned that there are many rules that govern the executive. It would be nice to know what all those rules are, particularly to better deal with government machinery.

Equity, Trusts
I have to admit that I harbour dreams of being wealthy one day. So, it would be useful to understand issues affecting the administration of property.

Land
Boring, but important. Everything involves land.

So, that’s what I plan to take next year. I have quit my current job to focus more on Law studies. I have taken Prof Johan’s words to heart – that is to really study this full-time. I plan to park my arse in the Law library regularly next year.

I wonder how does one go about reserving one of them study rooms…