听说过厉害的中学叫实验,那厉害的模拟法庭是不是也叫实验?
这是一则招募贴,招募Experimental Mooting的队员。
我们要找五位mooter代表中国赛区参与一场有5个国家(China、UK、The Netherlands、Indonesia、Zimbabwe)赛队参与,以英文为交流语言的Experimental Mooting。
Experimental Mooting在阿姆斯特丹的运河旁,可惜今年还只能Virtually前往。
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Our experimental mooting event is structured in a radically different fashion.
First of all, it is not focused on competition and winning. Instead, we mix teams from different parts of the world and ask them to cooperate in the production and performance of a pleading. The pleading is more than a doctrinal puzzle; it concerns a problem rooted in real life. Judges do not assess students as if they are engaged in an oral exam. We do not use ‘score sheets’ and ‘criteria’ to measure how well students performed. Our goal is rather to use the performances as input for a common discussion about law, litigation and socio-political issues.
Secondly, we focus on aspects of litigation that are crucial in practice, but generally ignored in traditional moot court competitions. Examples are: strategies of disruption, the political use of court cases, the use of audio-visuals in court, story-telling and the impact of different audiences on how lawyers behave in court. We treat litigation first and foremost as a performance, which can have different aims and audiences, depending on the particular context.
Thirdly, we specifically highlight structural biases in court proceedings. For example, we may ask students to re-perform landmark cases such as Lotus from a different perspective (e.g. colonial, post-colonial).
Last but not least, the set-up of the mooting event is experimental. This means we value input from all participants and leave room for improvisation and the discussion and performance of new topics on the spot.
For 2021, we have organized three sessions online: June 25, July 1st and July 2nd.
For each session, we ask the teams to read a two to three texts in advance and to watch a few videos on the topic.
Moreover, we ask teams to prepare a draft presentation on the topics of the sessions. During the sessions, teams present their work, followed by a common discussion.
To be sure: teams are mixed. We create groups with participants from different universities.
In this way, we hope that everyone can benefit from the different backgrounds of the participants in the event.
For now the topics of the three days are the following:
25 June:
Opening statements.
We ask you to prepare an opening statement for a case that we will distribute in advance. The opening statement should take into account the different audiences and stakeholders of the case. We will ask teams to present their opening statement, followed by a common discussion.
1 July:
Trials of rupture.
This term was coined by Jacques Verges, as a way to indicate defense strategies that seek to politicize trials and to refuse to go along with the rules and procedures of the court. This strategy is used, inter alia, to highlight (perceived) structural injustices that are normally bracketed in court proceedings. The exercise will be organised around the political, and specifically anti-imperial, potential of a trial of rupture.
2 July:
Seeing Justice.
This session focuses on the role and use of audio-visual material in court. We ask teams to prepare a pleading based on audio-visual material, keeping in mind the different audiences a litigation lawyer may have.
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