One of the functions of legal jargon is to mask the narrative function of rules, the stories that they tell about us, our society, our shared values. Choked in legalese these rules can sometimes appear objective but are more likely to seem archaic, inaccessible and disconnected from everyday life. This exercise tries to get students to think about the social context of rules and the values they embody.
Starting with the Code Duello, informal rules around duelling, we look at how attitudes to chivalry, honour and gender are reflected in legalistic language. Then looking to the laws around provocation we can see how the same kinds of bodice-ripper stories about revenge, betrayal and honour have found their way into legal rules. We also encourage students to think about how these values find their way into other contexts, such as sporting rules.
In Victoria the laws around provocation and homicide have since been repealed, so we use the NSW law here. It is important that students know whether or not these are 'live' laws in their own jurisdiction, but even if they are not, this does not undermine the purpose of the exercise. Just as long as students understand the context.
This exercise also gets students to use legal documents as historical documents. Weaving history, narrative and law is a good exercise to help students think outside the box of legal dogma. It is also a good opportunity to think about non-legal forms of regulation, to compare the self-governing rules of duelling in its context, as a way of avoiding the escalation of blood feuds.
In our course it is also the first exercise to look at the legislative form in depth and to talk about the importance of close reading in a set of written rules. 'Cases and materials' books and lecture powerpoints can entrench bad habits where legislation is only ever considered as a set of isolated propositions, an approach which can create real problems in later professional life.
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