SEARCH
Justinian News

Further and better delays ... Sleepers awake ... Unfinished case too old to be remembered  ... Chop-chop ... Circus Court derailment ... Clock running slow ... Justice Jenni's unhurried rescue of online trader ... Sliding scale of delays ... From our Court Linesman ... Read more >>

Politics Media Law Society

The Empire Strikes Back ... Uday Moloch anointed to “protect the English speaking world” … Latest word on “genocide” … Bring out the No-Doz – The Mad Monk scribbles for Substack … Church litigation – a new front to be tested by victims of predatory priests ... Read more >> 

Celebrity Sue Chrysanthou on cancel culture

Free Newsletter
Justinian Columnists

Know one, purl one ... Iron Lady of legal rectitude endorses Gageler ... The chief justice wants judges on the straight and narrow ... The cardboard cutout model of legislative supremacy ... The evils of judicial activism ... Procrustes on the dance floor with the Legislative-Judicial Foxtrot ... Read more >> 

Blow the whistle

 

News snips ...


Donald Trump's rambling 85-page defamation complaint against The New York Times ... More >> 

Justinian's Bloggers

Berlusconi's dream world ... Revenge politics in Italy ... Independence of prosecutors under attack ... Constitutional assault ... The years of lead ... Investigations reopened into old murders ... High drama at Milan's Leoncavallo ... Rome correspondent Silvana Olivetti reports ... Read more >> 

"I think very good. And by the way, right there, you see all the trucks, they just started construction of the new ballroom for the White House, which is something they've been trying to get, as you know, for about 150 years, and it's going to be a beauty. It'll be an absolutely magnificent structure. And I just see all the trucks. We just started so it'll get done very nicely and it'll be one of the best anywhere in the world, actually. Thank you very much." 

President Trump, asked by a reporter at the White House how he was holding up personally after the loss of his friend Charlie Kirk ... September 11, 2025 ... Read more flatulence ... 


Justinian Featurettes

Schmoozing and betrayal ... Judge Water Softener rides into Integrityville mounted high on his horse ... Judicial review of corruption finding ... Intriguing submissions ... Unprecedented assistance to morals monitor ... The scale of the sub-rosa intrigue ... Plenty to think about ... Ginger Snatch reports ... Read more >> 

Justinian's archive

The plague of amnesia ... Memory and its failures ... Remembering to forget things ... Failure to take account of remissions in sentencing ... Relevant memories of experienced and inexperience judges ... An experienced judge writes ... Justinian's Archive, November 12, 2004 ... Read more >> 


 

 

« Second-hand hearsay | Main | Late for the list »
Tuesday
Apr052016

Returning to class

The law is riddled with classy types, yet class is rarely mentioned ... A taboo topic at law school ... Law and privilege go hand in hand ... Barely Legal wants to talk about it because it could be affecting his legal education 

I recently floated the topic of high school education with my law student peers. With a lifted brow an acquaintance promptly asked me, "public or private"?  

It's an odd question. Why ask about that aspect first? I'm not adverse to the discussion, but I was interested in what we were in fact discussing. It felt like we were on the cusp of talking about class - not about what goes on in the classroom, but class distinctions.  

I said, "public", and this was met with both grimaces and sympathy. To put this another way, the tone of the responses was either: (a) good on you for clawing your way up and out of a public education system akin to the Hunger Games - BTW, did you learn to knife-fight there? (b) you poor thing. 

I very much enjoyed my public school and am quite keen to let people know. That prompted, from some of my privately educated class mates, a burst of faux self-deprecation, as though to assure me I wasn't a complete outcast. 

Class participation

Class is a topic generally avoided by law students. It may be uttered in hushed tones in college corridors, but never spoken too loudly. 

A particularly progressive or attentive professor may encourage us, with a wry smile, to consider class before writing our essays. Yet, no one ever does, as if afraid of what we may find lurking beneath the surface. 

Class and school background rarely come up in discussions, as though by deliberate omission. 

Public or private?

My parents' generation pat themselves on the back for removing class and "class warfare" from Australia (and its universities), yet my generation continues to struggle with the fact that the "c" word remains, and so do class differences and disadvantages. 

It matters because it affects the way I connect to my education as a lawyer. If I'm surrounded at law school by people with a "special" background, it will influence the lens through which my legal education is conducted. 

Why has class become a conversational graveyard, the law school representing one particularly ornate tombstone? Why has the "c" word, as Tim Winton asked, become "taboo"? 

The answer, I suspect, lies in law students' insecurity about their futures. 

You don't have to be a raging pinko to acknowledge that the majority of students who make it into Australia's best law schools, like mine, come from privileged families or from places of means. 

Rightly or wrongly, there is a preconception (which in my opinion is correct) that it is harder to get into a premium law school from a public high school in Frankston than it is from a diamond encrusted college on the North Shore. 

How does this gel with the requirement that merit is king? It tends to give the impression that one student has had to work harder to get a foot in the door, while another merely has to drift into the right place. 

The attempt to un-think the imbalance leads to class not being discussed openly. In MHO this does a disservice to the law, which has class problems of its own.  

Our collective thinking about this has been redacted. Perhaps it would easier if I just said I'm a private school boy. Everyone then would feel more secure. 

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Member Account Required
You must have a member account on this website in order to post comments. Log in to your account to enable posting.