Textbooks and The First Foray Into the Law

The law, to me, feels vast. It is a vast virtually endless source of knowledge that is hidden from the majority of people's lives. On the rare occasion it does cross them, it is merely used as a vehicle in a narrow, single minded way. Whereby the formula is applied in either defence or prosecution and the case is either won or lost. Most people then return to their lives, safely knowing right and wrong, feeling like they know the law but never understanding it.

I will confess even before I start my degree that I am ever likely to truly understand every part of the law. Some of it is just too vast and requires too much study to fully understand and interpret correctly. I am likely to understand some bits in depth and others with a mere surface level understanding. However, I think much of being an individual is that lack of "full" knowledge and the reason we interact is so our interweaving specialisms can come together as a whole our community (on whatever scale you choose)  and become as knowledgeable as it is possible to be.

Specialism starts for me at choosing the law in the first place. From there my life is largely dictated as to how deep my knowledge goes in certain areas. My first module is Tort and Contract. I went on the Open University website and got my first two text books. The first, Tort Law: Text, Cases, and Materials by Jenny Steele arrived a week or so ago so I have been delving into that. (I have realised there is a newer edition, however (I knew £8 was too good to be true!)). The second, Cheshire, Fifoot, and Furmston's Law of Contract (2017), is the 17th edition and (at £40 it better be) the most up to date. 

As I have had the Tort book for a week (yes I know I will need to replace it with a new book that will probably tell me that all the law in the previous edition was completely wrong) I have proceeded to study as much as I can. I am about 150 pages in with about 40 pages of notes to go alongside this. I also have created two sections, one for cases and one for terms (for anyone wondering what things such as volenti non fit injuria means or amicus curiae means the glossary of terms is a necessity). The notes are not there to be learnt word for word. They largely just help me pick out the vital bits of the text and help me absorb as much as I can. I tend to read passages first before taking notes. Sometimes I find that if I take notes as I read I fall into the trap of noting things I haven't actually understood. At this stage I feel general understanding is the most important part of my learning. Remember, this is prior to the actual start of the course. Nobody is, per se, guiding me on my journey I am just sailing around in a general ocean of law hoping that I am making it to the New World of judicial enlightenment. 

The largest part of my journey has concerned the knock on effect of decisions. It has probably been the thing that has fascinated me the most. Take, for example, the case of 'Lumba' concerning false imprisonment of foreign nationals (it is fairly famous...ish). It notes how 

As Contract Law will take up the first part of this module, I have switched my focus towards that. The M. Furmston's Law of Contract is a little on the dry side. The text is barely ever broken up and the language used can be a little self indulgent on occasion. There is also an assumed knowledge in the book which means I am constantly flicking over to google to understand things such as 'consensus theory' or 'a priori'. This isn't a problem in itself but it does break you from the text a little bit and the text book could, ultimately, just elaborate on these meanings a little bit. 

I have really enjoyed the contract cases though. The theory, probably due to the text book, can be very dry in places (particularly in the historical parts) but the cases really bring the subject to life. Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 is a particular favourite. It basically concerns a company who offered a £100 pounds in an advert to anyone who got the flu after using their product. A lady proceeded to get the flu and sue for the £100. Carbolic Smoke Co. weren't going to roll over and basically pulled out every excuse imaginable to get away with it, which they ultimately didn't. 

I have now completed about 100 pages of notes between contract and tort law. I have been surprised myself how much this has helped in the course material (which has now arrived - I am finishing off this post a little late i.e. 2.5 weeks after I started it!). A recognition factor has played a bit part in all of this but also just the ability to read and infer bits of knowledge and law from the text has proved really helpful. Much of this I will discuss in my next post about the start of the module.