“If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse, and you say that you are neutral, the mouse will not appreciate your neutrality.” - Desmond Tutu

Saturday, July 14, 2012

Why I'm studying law


When I say I’m a law student, the first thing most people comment on is the fact that I’ll end up earning heaps of money. When I explain that that’s not my intention at all, the question is then what I plan to do with it. I struggle to articulate a coherent response. Usually it’s just some vague notion of wanting to help people and better society, which is all very well, but is a rather inadequate response. So I though it was about time that I actually explored the reasons why I’m at law school. This will help me articulate myself better to those who ask, as well as giving me good motivation on those days when I wonder what the hell I’m doing.

It first occurred to me to do law when I was in my last year of school and had to decide what to study at uni. I remember my mum encouraging me to do law cos I was “too smart to just do a BA”. This seemed a bit ridiculous and elitist at the time, cos BAs seemed awesome. However, at the information evening the woman talking about law seemed really cool so I decided to give it a go.

Throughout my first year, I could quite clearly divide the law students into 2 camps – those who were sure they wanted to do a law degree and become lawyers, and were determined to do it no matter what, and those who were there just to try it out and see what happened. Being in the second group myself I had a much more relaxed approach than some. I remember before the end of year exams not being stressed at all, because I had decided that if I did badly, I’d just give up law, do my BA, and be happy. This relaxed approach allowed me to study hard without freaking out, which I think enabled me to do better than I otherwise might have.

During my first year at uni, my eyes were opened significantly. I fell in love with politics and IR, and especially Robbie, one of the IR lecturers, who inspired us to question everything society had made us assume about the world. Several times his lectures made me cry, as I realised just how fucked up the world is. I also cried when I found out that he was leaving, due to frustration at the restructuring of the IR department (which was completely ridiculous, ideological and undemocratic. But that’s a story for another day). Robbie also led me to question doing IR/development at all – as I realised how ridiculous it is to go into other societies to “develop” them, while we are doing so much wrong ourselves. His lasting message for me, aside from the rather unhelpful “don’t be despondent” about the cuts, was to “radiate out” starting with yourself and your own society, rather than trying to fix everyone else.

I joined Greens@Vic, mostly for social reasons at first, as a lonely first-year looking for like-minded friends. I soon realised that the Greens were the only party with a sensible vision for the future, and the voice of a movement that I wanted to be a part of. I loved the fact that politics was so accessible, and that I could so easily meet and engage with Green Party MPs. I also did a bit of volunteering at the office, which was boring work – mostly data entry, but awesome due to the amazing people there, and the free trade aid chocolate. I also did lots for the election campaign – doorknocking, leafleting and the like, which affirmed my conviction that the Greens encompassed most of my political beleifs.

I slowly realised how much I have in common with my dad, who I was living with at the time, which was funny, because I always thought I was much more similar to my mum. My dad is a lawyer (who no, didn’t inspire me to do law at all), who is very into politics (and no, didn’t particularly inspire my political interest either). We had lots of great discussions that year, mostly regarding politics (we actually have quite similar views despite him being and loyal labour supporter). I could wander into his office at 11pm to ask law questions, and he was (still is!) a fantastic proofreader of essays. It was awesome when I was studying something and he would tell me about his involvement and what he thought at the time. It was fascinating to realise all the worthwhile stuff that he has done – which seemed so intensely boring when I was a child.

The other major change in my life that year was becoming vegan. In hindsight it seems unbelievable that it took so long – from realising that it was the right thing to do, to being able to turn down dessert made by others (especially my aunt’s chocolate mousse!!), took me about four or five months. It was another thing that made me passionate about wanting to make a difference – most of our animal welfare laws are archaic and cruel, and there is no hint of animals rights. Towards the end of the year I got involved in starting a vegan group at uni, and now I am also part of an animal rights group.

I liked the idea of using law for good, and this inspired me, once exam results were out, to keep going with it in second year. I still knew that I could drop out after the first few weeks if I really hated it, having heard about plenty of people who had done so, and I think that comforted me somewhat. I do enjoy it though, for the most part – legal thinking is a fascinating process, and the pedantic nitpicky part of me really likes it. Of course the creative side of my brain really struggles with being stuck in a box, but that’s why its awesome doing a BA at the same time.

Second year (so far, touch wood) has been pretty awesome. Public law is rather disappointing due to incredibly boring lecturers, but crimes has been fantastic. Both the lecturers so far have been incredibly inspiring. The first one, Mamari, was definitely the best law lecturer I have ever had. She spent several lectures going over Maori, and other alternative, approaches to criminal law. Even though the system we have to learn about is very much stuck in a box, it is heartening to know that alternatives exist, and they are at least acknowledged at law school.

That brings me to another point: law students. Lots of them are aresholes. Case in point: one day I was studying with a bunch of people I had recently met. We had just had a lecture on Maori approaches to fault, which was one of the most interesting and inspiring lectures ever. This bunch of people I was studying with, however, did not think so. They complained, saying they thought we’d covered all the “Maori stuff” in the first week, and that it was “irrelevant” to our legal system. That made me want to scream and cry and rage all at once, but of course I didn’t, I just kept quiet until the topic changed (to the USA, and the belief that might is right, which didn’t exactly make me feel much better…)

Biking home that day I was on the verge of tears. My faith in humanity and especially in law students was completely undermined. They were unbelievably racist, bigoted, privileged and egocentric. It depressed me deeply that these were the next generation of lawyers, who are supposed to fight for justice. I felt that these people were perfectly representative of law students generally, and to be honest, that is probably still correct. I felt isolated in a sea of negativity, of self-centred power-hungry jerks, and that I risked drowning amongst them if unless I treaded very carefully the fine line between fitting in and being different.

The next time I biked home from uni on the verge of tears was only a few weeks later, and I think represents a turning point in my reasons for being at law school. The Community Justice Project did a screening of Operation 8, and given that I’d been meaning to see it for like a year, I decided to go along.  I’m so glad that I did, because it really opened my eyes to how completely fucked our “justice” system is. While many aspects of the film stood out for me, the thing that remains strongest in my mind is something that Valerie Morse said to us afterwards – that 70% of women in prison are Maori. This shocked me beyond belief. It didn’t seem possible that a system could fail a whole race so badly.

The other thing that stood out was just how close to home everything was. The images of the police breaking the glass at 128 really got to me, having spent plenty of time there myself. Mark Eden talking about the infiltrator in animal rights groups really shocked me too, and I was glad that the film looked at these issues more broadly. I can understand why the police would target Maori separatists (although of course I think their actions were completely unjustified), but planting spies into animal rights groups just seems too ridiculous to be true.

The Urewera 18 spent 5 years battling the justice system. Even though 14 have been let off their charges, it is unlikely they will ever see anything resembling justice. The kids who had guns shoved in their faces will be traumatised for the rest of their lives, and the financial and emotional costs of being dragged through the courts is immense. An acquittal does not change this. No amount of compensation can replace a lost childhood or a sold family home, but I doubt any at all will be forthcoming. Without the work of awesome lawyers, the Urewera 18 would have been completely screwed. Although the justice system is flawed, racist and unjust, it is the one we are stuck with, and we need people to fight within it.

I was not particularly surprised when Tame and Rangi were sentenced to 2 ½ years for firearms charges. I was more surprised by the shoddy turn out at the protest against it. In fact shoddy turnouts at protests have been quite a theme lately (see my rant on asset sals…). I know their appeal was last week some time. No idea how it went. It amazes me that their sentence was so much harsher than Emily and Urs’s sentence of 9 months home detention, for exactly the same charges. If this is not blatant racism, I don’t know what is.

Amongst all this rage, frustration and anger, there is one thing that really makes me happy, which is when I meet people who are doing awesome things. I felt incredibly inspired talking to the older generation of greenies at the AGM a few months ago. They were the coolest old people ever, many of them having been involved in the Values Party as 20 year olds back in the 70s. The intergenerational mixing was something I had never really experienced before and I found it incredibly beautiful that they had so much to share and offer to us.

I also found it profoundly depressing. In the 1970s, the environmental problems facing the world were insignificant compared to what we are currently experiencing. They couldn’t even imagine the downward spiral that humanity was about to embark upon. They had been fighting for 40 years, with minor victories, yes, but these were mere glitches on a trajectory heading exponentially downwards. Although the vibe of the conference was upbeat and positive, celebratory even, I couldn’t help but feel, or at least imagine, a sense of failure on the part of humanity as a whole.

I have also met some amazing lawyers. A few weeks ago I met a vegan lawyer and a vegetarian lawyer, which probably doubled the number of veg*n lawyers I know. It was definitely the highlight of my evening, if not my weekend. I have heard lots about a group called legal vegans which existed in Auckland. It sounds awesome. When I first heard about it I was amazed that “vegan lawyer” actually existed as a category of people. I’m really really keen to start one up here cos I think it would be fantastic.

That being said, I am unsure to the extent to which I identify as vegan above any other identity. I have realised over the past few months that of course not all vegans are amazing people. It frustrates me that so many of them think that because they are refraining from cruelty to animals they are doing their bit, period. Like with asset sales, it frustrates me hugely when people are passionate about something but refuse to stand up and actually do something to change it. I am wary of spending too much time with vegans, at the risk of ignoring other opportunities to get involved with other things.

In conclusion, I have no idea where I am going with law. I am interested in animal rights law, but I don’t want to limit myself to this and become a narrow-minded “vegangelical”. My interest in development is dwindling as I realise the concept is filled with hypocrisy, and we need to fix ourselves first. Our environment is fucked, and maybe law can play a part in fixing it. Social justice will always be important to me, as I see how people are constantly screwed over by the “system”. It is hard to know in which direction to go when there are so many pressing issues to be passionate about. Fortunately, I believe that all our problems are absolutely related, and mostly come down to selfishness and greed. Their solutions will not be mutually exclusive, and require a fundamental change in our society. I think any change has to occur on all levels – from the grassroots, from the government, and of course through the courts.

Law can be used for good or for bad – it is a neutral tool, and I don’t believe it is inherently a bad thing (maybe at the moment it is used more for bad than good, but this doesn’t mean it has to be). Plenty of good things have been achieved through the legal system over the years. Yes, there are plenty of really areseholey lawyers and law students out there. Yes, there are a few really awesome lawyers who I find inspiring, but they certainly don’t outweigh the arseholey ones. It is my absolute conviction that the world needs more lawyers with a social conscience, and hopefully I can be such a person. I don’t even think it matters what I end up doing – as long as I can do it with a clear moral conscience, I know I will be following the right path.

Thursday, June 21, 2012

The importance of protest. And the awesomeness of kids.


Something my mum said the other day really annoyed me. I mentioned how disappointed I was at the turnout at the asset sales protest last week (about a hundred people, which, after the 6,000 hikoi, was a bit of a let down). Her response was “oh well, I guess they had better things to do with their time.” This is quite a common theme which I’ve been hearing from quite a few people lately, and I really struggle with it.

How can a person have anything better to do with their time than fight against blatant injustice? I read a great quote the other day – it was something along the lines of “governments don’t ignore our problems, they perpetuate them”. And they perpetuate them because we allow them to, because we complain as much as we want on facebook and to our friends, but fail to take the next step of actually taking action.

While I am unconvinced that there is anything “better” to do with one’s time than stand up for democracy, I do understand the need to prioritise one’s life. But how hard can it be to find an hour in your lunch break to get down to Parliament?

I think to put people’s inaction down to laziness is too simple. While it might be the case for some (especially, admittedly, in the horrible rainy cold weather we are having to endure at the moment), I think the problem goes deeper for most. I think the real problem is that it is way more easy and convenient to not care about stuff, and therefore to have no moral obligation to act. I think that once we realise something is wrong, and here I mean really realise it within ourselves, to the point where we can’t go on accepting the status quo, then we have an unavoidable moral duty to act. For most people, even if they disagree with something, like asset sales, they don’t reach this point, because it would be inconvenient for them to do so.

An important factor that stops people reaching this stage of “caring” (for want of a better word) is that they don’t believe that they will make a difference. And why would they think otherwise, when this view is portrayed by the media on a daily basis. We saw this very clearly in the election last year, which had the lowest turnout since the 1880s, because the media said National would definitely win (so don’t bother turning up). As it happened, National didn’t win by much of a margin at all – and if even a fraction of the people that didn’t vote had voted for either labour or the greens, we may have had a different result.

Another example of the media being really useless is its amazing silence on asset sales: http://tumeke.blogspot.co.nz/2012/06/what-asset-sales.html No wonder people aren't protesting, if they are barely even aware that its happening!

The issue of apathy and inaction is far from resolved for me, and probably never will be. I will come back to it in later post I imagine. For now, moving on, to a different but very related topic.

Today there was another protest against asset sales. Despite the lack of rain (it was almost sunny at one point) only about 20 people turned up. It was geared to be a really depressing, lacklustre protest, until the bunch of 9 and 10 year old schoolkids who were having lunch at Seddon’s feet started to take interest in what we were doing. They were rather confused as puppet Peter Dunne marched up Parliament steps, yelling back at the megaphone that was urging him to reconsider his decision to support the asset sales bill.

But then we started actually engaging with them – first Catherine and some of the people from People’s Power Ohariu started explaining to these kids why we were there, and they started to understand. They took interest in the puppet – some even drew pictures. They listened for about an hour as we talked, with and without the megaphone, about why asset sales were a terrible idea. I even got up the courage to say a few words – basically along the lines that you are never too young to have a valid opinion. Even thought these kids can’t vote, their voices still deserve to be heard – because we are the generation that will have to deal with the consequences of today’s ill-conceived decisions.

We learnt that these kids were actually from Ohariu, and that Peter Dunne had visited their school! We couldn’t have planned it better if we’d tried. They were so perceptive and enthusiastic, really inquisitive and keen to learn more. They all had their cellphones and cameras out taking pictures of the action. A couple of them even made a video on their phone about why asset sales are a bad idea – which they proudly showed me. I encouraged them to put it on facebook… but their teacher didn’t seem so keen.

They moved away, to the Parliament steps to take a group photo. We were talking amongst ourselves, when suddenly we hear them chanting, “don’t sell the assets! Don’t sell the assets!” It was such a beautiful scene.

I’m sure it was a very memorable Parliament visit for all concerned – kids and teachers alike. It was so cool chatting to them and opening their eyes on asset sales – obviously an important issue. But even more importantly, I hope that they realised from their interaction with us that protesters are not the weird scary people that the media portrays us as, but passionate and articulate people exercising our democratic right to fight against injustice. Hopefully we empowered them a little bit to think for themselves more broadly, and not just on asset sales.

Moral of the story? Kids are fucking awesome.

Age is an interesting thing. I was going to write that the older generation had given up and its up to us to fight our battles. But then I realised that’s not true. Apart from me and one other person, everyone at the protest today (and last week) was roughly in the 40-60 age bracket. They haven’t given up at all, quite the opposite, they are leading the struggle. It is our generation who is visibly absent. Why are we so apathetic when we are the ones who will be directly affected?

I tried to address the problem of apathy above, but I didn’t get very far. It’s a complex issue. But I do think it affects our generation worse than any other. Maybe its because we have had everything handed to us on a plate, and never had to fight for it, so we don’t appreciate what we’ve got, or how quickly it’s disappearing?

I wish we could be more like the kids we met today. So eager and inquisitive, perceptive and keen to learn more. Passionate, inspired, and hopefully empowered by what they learnt. I can only hope that once they get to my age (HAH! That makes me sound so old) they won’t fall into the traps of apathy and indifference that are so familiar to us all.

PS: the official version of today's events here: http://peoplespowernz.wordpress.com/2012/06/21/security-block-peter-dunnes-entry-to-parliament/ 

hello.


So here it is: the obligatory introductory post. Who I am, and why I’m writing this blog.

I am passionate about many things. Things that make me angry, things that make me sad, things that make me happy, things that make me excited. My flatmates usually have to bear the brunt of my emotions when I come home seething with frustration or bursting with enthusiasm about some thing that has happened that day.

I thought it could be helpful to write a blog. This will help me order my thoughts about the world in a coherent way. And give me an avenue to share them with the world and hopefully promote some constructive discussion.

Some things about myself, so you know what to expect:

I am passionate about veganism, politics, participatory democracy, social justice, environmentalism, animal rights, protesting. I have a very strong desire to “make a difference” but am struggling to figure out exactly how to do so.

Things that make me angry include
  • cars. Especially when they drive past me on my bike so close that I have to swerve. Not cool.
  • Our justice system. It’s fucked. More on that in later posts
  • “animal lovers” who eat meat. What the hell?
  • People who complain about things yet refuse to take action themselves
  • Omnis who thing vegan food must be disgusting, because its vegan
  • Vegans who think all omnis are evil people
  • Politicians. Especially our current government. I could write pages and pages on all the terrible things they’ve done. In fact I probably will
  • Inequality. In NZ, and in the world. And the fact that its completely avoidable.
  • The state of the environment. Its fucked. Wake up people!

Things that make me happy
  • vegan lawyers. Yep. They exist.
  • Good food. Especially from Aunty Menas
  • And the chocolate cake from Midnight
  • Awesome old people, especially from Values/Greens
  • Awesome young people, that are doing amazing things to challenge intergenerational injustice (like gen 0, they are amazing)
  • Chocolate. Especially from trade aid
  • Vegan potlucks
  • Biking along the waterfront on a sunny day
  • Small wins against the status quo
  • Sleeping in when its raining outside. So, so good.
  • Hot chocolates
  • Stories of individuals overcoming extreme adversity to do awesome things

Hmmm. Interesting that ¾ of the happy ones are food related, while the things that annoy me are about generally about huge fundamental problems. I wonder if this says something about the world being inherently unjust/corrupt/falling apart/filled with greed etc etc etc. Or maybe lists like this teach us to value the small things in life in spite of difficult uphill battles. I like to take the latter view. But sometimes it is hard.

Anyway, enough about me. Now that’s out of the way, the next blog post will be on something more substantial, I promise.