Law in Contemporary Society

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MilesGreeneFirstEssay 4 - 03 Apr 2018 - Main.EbenMoglen
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skull The Final Circle: Treachery

The deepest circle of Legal Hell is reserved for those that used their legal minds and careers to advance values that go against the public interest. Those that fight commonsense reform and progress. Residing here would be the attorneys that fought tooth and nail for "separate but equal" in Plessy, for continued school segregation in Brown, and for the internment of Japanese Americans in Korematsu. This circle is home to our politicians who were converted into puppets for entrenched private interests like the National Rifle Association and the attorneys who helped draft Non-Disclosure Agreements to silence victims of sexual harassment. What would it be like to live in this place? Tragically, the twist: we may already be living in this hell.
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This draft is very clever. It is often humorous, occasionally witty, well-designed and effectively executed.

But both Dante and Larry Joseph are poets. Their subjects are spaces people inhabit. Their ways of living and the meaning they give to them are contrasted with one another, and with external moral judgments. And yet, beyond the judgment there is always human recognition: Siete voi qui, ser Brunetto?

I wonder whether all the literary mechanism is actually interfering with that sensibility here; we are at the last sentence before that recognition—that we are all here, lawyers and therefore never far from the temptations of power or ability without moral responsibility, sheltered behind clients, behind obligations, yet hoping and trying to do something larger, that we can justly regard as a contribution to justice—meets us. A draft that abandoned all the cute parts, that took the premise straight and went directly to the question the present draft raises only at the very last, might be too much to ask of you. But retaining the part of this which is play should at least allow, not as an apparent accident, but inherent in the design, the serious issue that makes the play worthwhile.

 
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Revision 4r4 - 03 Apr 2018 - 20:56:20 - EbenMoglen
Revision 3r3 - 01 Mar 2018 - 20:25:25 - MilesGreene
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