Law in Contemporary Society

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DecidingInThePresent 3 - 29 Feb 2012 - Main.LizzieGomez
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 It is very easy, with the benefit of hindsight, to admire a man like John Brown who was willing to put his life in real danger to free slaves, even when this involved killing slaveholders from time to time. However, I feel like John Brown presents a "simpler" example because as a society we all agree, especially now, that slavery is wrong. The reason I brought up Law and Order (episode name = "Dignity") is because I am unsure about how to apply John Brown's principles in the present - when a moral issue is not as settled as slavery is now. How should we act when we feel, as individuals, that a moral wrong is being perpetrated, but the government and perhaps even the majority of society do not agree with us? How far can, or should, we take our "civil disobedience"?

The internet quickly revealed that the Law and Order episode I mentioned is based on Scott Roeder's murder of Dr. Tiller. Roeder explained his actions at trial as an attempt to save unborn children (my source is Wikipedia, hope that's academic enough). John Brown was driven, at least in part, by his pity of the "poor in bondage that have none to help them" (p. 4 of the interview). Roeder was driven by his belief that unborn children deserved help as well.

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 The unique complexity of each conflict belies a simplistic answer to the question of how one distinguishes between acts of "violence as resolution" and "violence for resolution." Yet for Thoreau, this distinction is crucial if we are to distinguish Brown from Roeder. For this reason, and without any intent to compare the righteousness of the abolitionists to other religious or other principally motivated resistance movements (I repeat: slavery is wrong), I agree with Joe over Thoreau here. The real issue is whether we think our inner Browns can wield this weapon without inevitably morphing into Roeder. I don't know the answer to that. If the answer is no, you're left with the traditional issues with pacifism, of which enough discussion exists online to not require expansion here. If the answer is yes, it becomes difficult, as Daniel suggested in class, to continue viewing the state as a monopolist over violence. Whatever stability this system (illusion?) currently provides vanishes quickly when every citizen unleashes their inner John Brown. Perhaps this is politically a good thing. Perhaps, alternatively, the pacifist position truly is the most viable from a long-term perspective, but is outweighed by the immediate concern for living individuals. I'm not sure.

-- RohanGrey - 29 Feb 2012

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Joseph,

I see where your question is coming from in light of this dichotomy of personality that John Brown represents to you. Are we as advocates of justice supposed to be like Brown, the crusader of freedom, or Brown, the terrorist? We may have to agree to disagree, but I feel like this question really doesn’t capture what we’re supposed to get out of today’s message. Simply put, Eben said, slavery is wrong, and someone had balls to take down a despicable institution that the law could not and would not address. As law students, this aspect of Brown is worthy of emulation because he questions a legal system when few others did. During our time at Columbia, we have to be ready when challenges like this – the ones that go to the heart of our country’s ideals -- arise. Of course, there are probably a good number of us who are questioning facets our system already and have been doing it even before coming here. But there may be times during this three year journey when some of us stop raising those questions. These are the times when we are no longer aware of the legal magic. Brown, by contrast, is a man who led his life by working outside of the lines, and this is the message I take away.

To get into a discussion about what the “right” view of Brown is, just doesn’t get me anywhere. I don’t know if there is a right answer. The guy’s not a polarizing figure for nothing. Of course, I don’t believe in an “eye for an eye” action to redress every injustice. But when I think about Brown, I can’t divorce what he did from the context of the times. Others can and have, and this is probably where the conflict about what he represents comes from.

-- LizzieGomez - 29 Feb 2012


Revision 3r3 - 29 Feb 2012 - 12:40:37 - LizzieGomez
Revision 2r2 - 29 Feb 2012 - 08:38:06 - RohanGrey
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