Opening statement

Walker — Thu, 03 Dec 2009 19:56:02 +0000

Welcome to the second issue of The Argument – a critical analysis of the law by students at the University of Kent.
As the University of Kent progresses through the 2009/2010 academic year, we, the editing team, are proud to present the second issue of The Argument. To witness the growth of The Argument from an idea into a first and now second publication has been gratifying. Jean Giradoux argued that there ‘is no better way to exercise the imagination than the study of the law. No artist ever interpreted nature as freely as a lawyer interprets the truth’. However, in pursuit of that truth, students of the law must be at liberty to analyse, critique and debate legal doctrines. Indeed, it is only through such critical analysis that the function of the law in society can be understood. The Argument provides students with an opportunity to objectively question and consider the law free of the inherent constraints imposed by academic and institutional norms. The authors of the articles you will read have been given the opportunity to write about legal topics they consider engaging and to explore their creative capacity. Ultimately, The Argument seeks to encourage students to forego an application of purely black letter law in favour of an examination in line with the critical reasoning advanced by the University of Kent: one that looks at the law in its social, economic and political context. We hope that you find the articles engaging and thought-provoking. You will find articles on a variety of legal issues, theory, government and society, of both the law in England and in other jurisdictions. The aim is that, through writing articles and subsequent discussion and debate, students develop their writing skills and cultivate the art of advocacy and persuasiveness. You will also find a discussion on recent legislative changes, a book review, updates from the Kent Law Clinic and the first-ever View from Bermuda segment.

Our ultimate aim as editors is to capture a debate that might otherwise go unnoticed in the formal setting of a seminar or lecture. We appreciate that assessments and exams are essential to our education, but we contend that they do not supersede the need for the student to question and, as John Milton put it, ‘…to know, to utter, and to argue freely according to conscience’. This is the essence of liberty and it is the basis of The Argument. We hope to give heed to the voices of the many while also paying due attention to the often-overlooked voices of those who speak autonomously. Accordingly, we are respectfully unapologetic about the contents of this issue. We do not presume to speak for the authors nor do we seek to defend their opinions but we are committed to ensuring that these opinions are not suppressed, whether unpopular or popular. Additionally, we believe in the blend of legal education provided at Kent and our hope is that this publication would exist to complement such learning and further consolidate our understanding of it. Indeed, it would be a fallacy for us to believe that our goals could be achieved in the absence of the high standard of education we have received from Kent Law School. Therefore, it goes without saying that the staff at Kent Law School should inspire in us a deep desire to learn and a consequent conviction to seek out the truth. It is this quality of education that will be reflected in the pages of The Argument. As Milton famously stated, ‘…Where there is much desire to learn, there of necessity will be much arguing, much writing, many opinions…’ Finally, we would like to thank the authors for their efforts, Kent Law School for their uncompromising support, the Publications Team and the Design and Print Centre for their guidance, and our sponsors and contributors listed to the right. We hope you enjoy reading this issue and look forward to your feedback.

Walker Syachalinga is in the third year of a Law LLB; David A Amaro is in the final year of a Senior Status LLB (Hons)

The Argument » Editorial

Opening statement