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[hr][CENTER][img]https://media.discordapp.net/attachments/1070792705547980842/1079957264212971520/image.png[/img][/CENTER][indent][sub][COLOR=SILVER][B]Location:[/B][/COLOR] [I]Pacific Royal Collegiate & University - Dundas Islands, Pacific Ocean[/I][/sub][sup][right][COLOR=SILVER][b]First Class: # 2.96[/b][/COLOR] [I]Opening Arguments - Prompted or Otherwise[/I][/right][/sup][/indent][sub][hr][/sub][INDENT][sub][color=SILVER][B]Interaction(s):[/B][/COLOR] N/A[/sub][SUP][RIGHT][COLOR=SILVER][b]Previously:[/b][/COLOR] [I]Oh... Um... Shit...  Title.  TitleTitleTitle... uh... First Class.  Heh-he-heh.  Nailed it[/I][/right][/SUP]
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The behemoth of a man took roll.  [I]"What did he say his name was again?"[/i]  Banjo tried to remember, but it was already gone.

The large man was his teacher for Law, he should probably learn the guy's name, but it was already in one ear and out the other.

He probably would seem more respectful if he'd brought a pen.  Some kind of writing materials.  Paper.  If he'd known this lesson was his first 'Introduction to Law' class, he probably would have at least made that effort, if only for appearances.  Alright, maybe not 'probably' but he might have.  Possibly.

He could use more coffee.  And that thing he picked up before to eat didn't touch the sides.

He ran his hands through his hair, stretched back in his chair, rocking back with a yawn.

[color=#f1c232]"Olyphant."[/color]  Was called out.  [color=#f1c232]"Olyphant."[/color]

Banjo looked around.  Another new classmate from team-swap?  [color=#f1c232]"Oly--"[/color]

[color=darkgoldenrod]"Oh shit, right, yeah.  That's me.  That's what I'm going by.  Yeah, here.  It'd probably make it easier if you just called me 'Banjo'."[/color]

The large man looked up, unimpressed by the needless delay in what should have been a quick formality.  The look on his face making it abundantly clear that he would do no such thing.

[color=#f1c232]“Welcome to Introduction to Law. As future members of H.EL.P., you’ll need to have an extensive comprehension of the current laws, bills, active proceedings and all manner of legal concepts. It may be your job to enforce these laws, while for some of you, you may work on changing them. Neither of these can be done without understanding the system, its history and where it’s going. It’s my job to start you on that journey.”[/color]

He reached toward the desk behind him, picking up a still steaming mug before taking a loud sip and placing it down on the student desk directly in front of where he had chosen to stand. 

[i]"He is a. Big.  Bloody.  Unit."[/i]  Banjo thought to himself, as he watched how the large man carried himself in his classroom.  [i]"Commanding presence..?  Is this all part of the 'show'?  Is it making a further point?"[/i]

[color=#f1c232]“The past sixty years have seen an unprecedented amount of laws being passed, repealed and passed again. Many of which have had to do with social issues and equality; in no small part due to the emergence of Hyperhumans.”[/color]

Onassis gestured towards the notes written on the chalkboard behind him.

Banjo tilted his head to run over his notes on the board.  Rocking further back in his chair as he soaked them in.  He was already familiar with the few examples because of his ample reading time in the infirmary.  In fact, he could think of a half dozen others which weren't listed from the top of his head.  And give a vague description of another half dozen, which he didn't have the citation numbers down for reference yet.

[color=#f1c232]“To summarize, Hyperhumans have had their natural - some might even argue [i]God-given[/i] - abilities suppressed, controlled, and even registered. Hyperhumans have been banned from work and performance in several sectors, and even their marriage has been outlawed at times, especially between a Hyperhuman and a ‘normal’ human. All of this has been in the name of security and safety for the greater public.”[/color] Elias paused to look each of the students in the eye, studying for that gut-driven reaction of disgust.

[color=#f1c232]“And that’s not even touching on the pandemic in recent years that targeted Hyperhumans.”[/color]

Banjo had heard about the pandemic.  News passed over Australia with barely a ripple though - it was mostly viewed as Foreign Affairs News.  Far less Hyperhumans amongst the Australian population, saw it as a less relevant issue for the news to cover.  It was a problem "over there" that "other nations" had to deal with.  Not for one girt by sea with a fraction of the Hyperhuman population.  Millions had died.  But not at 'home'.

[color=#f1c232]“Most of us would call it a prime example of inequality, fear-driven bias. But then we have Hyperion-”[/color]

That familiar smirk crossed Banjo's lips.  OK.  Now this is getting interesting.  The guy's actually addressing the elephant in the room.  A unique stance for the faculty to make, from his perspective.  Most seemed to want to pretend nothing had happened, when his presence had carved a path of destruction through most everyone's lives.

[color=#f1c232]“A Hyperhuman who explicitly operates outside of the law. Many of you are probably asking what good the law does if a terrorist manages to constantly evade it? Why should you worry about living under its constraint if you too could be powerful enough to live above it. But it is only because we have these laws that we can deem a person like Hyperion to be [i]lawless[/i]. Our laws allow us to distinguish between a good method of integrating into society and those who refuse to integrate themselves and thus alienate themselves, falling outside of the social contract. That is to refer to the contract in which we surrender certain freedoms in exchange for security.”[/color]

The Big Man pointed to a quote from Hobbes on the chalkboard before returning to his train of thought.

[color=#f1c232]“An extremist like Hyperion creates a rallying cry for both those who support and oppose him. Especially if they are left unchallenged. If all of us were to act in this manner we would descend into a state of self-involved anarchy. The law creates accountability in the interest of security. I do not believe that any form of civilization exists without a form of law. The governing interests of self can not be allowed to flourish if a society is to persist.”[/color]

Gesturing over the class, Elias turned the floor to Team Blackjack.

[color=#f1c232]“So I ask of you, separating into two groups, is taking the law into one's own hands ever truly justifiable?  Cooper, you will lead de León, Miller, Olyphant and Schade in arguing for taking the law into one’s own hands. Crawford, you’ll be leading Kruger, Musgrave, Richards and Tyler in arguing against your teammates about why the law should be upheld in every circumstance. Shall we hear your opposing arguments in twenty minutes?”[/color]

Banjo laughed obnoxiously, whilst he was still rocking back in his chair.  [color=darkgoldenrod]"Well, of course it is.  This is just ridiculously unfair."[/color]

[color=#f1c232]"How so?"[/color]  The Big Man lowered himself to ask the irritant.

[color=darkgoldenrod]"Well, first of all, you basically posed a tautology [b]AND THEN[/b] you put me on the side that's clearly right.  How are these jokers supposed to compete?"[/color]

[color=#f1c232]"A tautology?  Perhaps you would like to take your twenty minutes to consider your approach?"[/color]

[color=darkgoldenrod]"Nah mate.  I'm not gonna be any more or less right in twenty minutes than I am right now.  I'll just end it right here, I reckon, and save some time for Schade and Richards to introduce themselves to the class.  G'Day, by the way."[/color]  He offered the two newcomers a small, informal wave of a hand.

[color=darkgoldenrod]"So you want us to stand, or sit, or... ah screw it, I'm fine right here."[/color]  He kept rocking back in his chair, occasionally turning to face different class members."[/color]

[color=darkgoldenrod]"The semantics of how he posed the question - 'taking the law into one's own hands [b]EVER[/b] truly [b]JUSTIFIABLE[/b]?' - [b]THAT'S[/b] what makes this a stacked deck, and it's for a very basic systemic reason..."[/color]

He leaned forward and looked his teacher right in the eye.  [color=darkgoldenrod]"Juries and jury nullification."[/color]

He went right on back to rocking in his chair.  [color=darkgoldenrod]"See, whilst judges are the arbiters of [b]law[/b] and representative of the finest legal minds appointed to their position based, well, presumably on competence, but let's face it... increasingly on partisan political basis... apologies, getting sidetracked, issue for another day.  Juries, meanwhile, are the arbiters of [b]fact[/b] and are representative of society as a whole.  If society, through that lens of six or twelve people, decide they can't in good conscience convict, find proved, or rule against someone despite the law... well, they're not gonna.  You want some examples?  R v Morgentaler, which for those Americans present and people less familiar with Canadian caselaw, is basically the equivalent of the US's Roe v Wade..."[/color]

The Big Man opened his mouth to interject, before Banjo raised his hand in anticipation, cutting him off and continuing. [color=darkgoldenrod]"...obviously it's more closer to Doe v Bolton, sir, but in the absence of a more direct Roe v Wade parallel, I think you can grant me that it's still as close as Canada has to it.  For those unfamiliar, basically this guy Morgentaler had been operating a private abortion clinic in violation of the criminal code - due to repeated jury nullifiation it kept getting appealed all the way up to the Supreme Court."[/color]

Still rocking in his chair he turned and addressed people behind him [color=darkgoldenrod]"Now as the question was phrased we're not looking for '[b]ALWAYS[/b] truly be [b]RIGHT[/b]', we're looking for '[b]EVER[/b] truly be [b]JUSTIFIABLE[/b]' and since we continue to use juries and allow jury nullification to be a thing, it's an acknowledgement to this as a truism.  There are times when the law doesn't keep pace with what is just, and it's the responsibility of these juries, these finders of fact, these social peers, to ensure that justice takes place."[/color]

[color=#f1c232]"Well, that was very..."[/color]

[color=darkgoldenrod]"Oh, and just because I don't really intend for settling and leaving this one up to a space for reasonable doubt... R v Krieger the Supreme Court's decision 'juries are not entitled as a matter of right to refuse to apply the law—but they do have the power to do so when their consciences permit of no other course' - which confirms [b]EXPLICITLY[/b] everything that I just said.  This isn't [b]an opinion[/b]."[/color]  He turned, whilst leaning waaaay back in his chair, to the assembled other side of the argument.  

[color=darkgoldenrod]"He's expecting you people to basically argue against the very justice system itself as it presently exists.  Now, does anybody else [b]REALLY[/b] want to speak, or did I just win this thing.  Because I've gotta be honest, it feels like I just won this thing..."[/color]

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