Law in Contemporary Society

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OurOwnMyths 26 - 16 Feb 2009 - Main.KeithEdelman
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I don't know what 'refactor' means,
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 Michael, do you think that "the underdog" is a fixed concept? In terms of your proposed criminal defense work, you might think it is the indigent accused criminal. But if everyone follows your proposition and begins to "side with the underdog," then many individuals will represent the criminally accused and the label of "the underdog" might shift to the victims. Maybe we ought not be so concerned about who "the underdog" is and we should instead be concerned about whether we have a legal system that provides fair and zealous representation to all parties.

-- LaurenRosenberg - 16 Feb 2009

Added:
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>		"I think I'm really just saying that if we want to make sure we're really doing justice, we should always side with the underdog. (I suppose that might be obvious.)"

For me, this label not only obvious, but tends to begs the question. I agree that we should side with the underdog; but isn't the "underdog" defined as the party that is suffering the greater injustice? Some examples facilitate relatively easy characterization (the indigent defendant vs. the "people"), but I'm not sure that this is always the case. I do believe that some situations require greater analysis into precisely who is the underdog.

If we do decide to represent the underdog, I agree that some worry exists as to how future litigants might construe the initial case for unjust gains. But as Professor Moglen referenced above, the solution is not to remain motionless, nor to imperatively act. What type of analysis should occur before we act? Should we try to perform a type of balancing-test (the present injustice vs. the possible unintended, adverse effects of our representation in the future)? For some reason this doesn't seem satisfactory - perhaps it is too close to "transcendental nonsense". Maybe we should just be very careful to craft our arguments and representation to minimize any chance of misuse?

-- KeithEdelman - 16 Feb 2009

 
 
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Revision 26r26 - 16 Feb 2009 - 18:14:32 - KeithEdelman
Revision 25r25 - 16 Feb 2009 - 15:46:42 - LaurenRosenberg
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