Chapter 8

The Force of Law

 

Intro:

          Sometimes the government uses literal force to enforce the law.  When does that use go too far?  Should the application of force be public?

 

8.1 The Violence of Legal Acts, Cover

          Legal interpretation and violence are intertwined.

          Incarceration is a threat of violence.  Defendants, usually, go unresisting.  That is because they see the helplessness against the physical power of the state.

          Example of the electric shock experiment.  Shockers will administer “fatal” shock, just because they were told to by an authority figure.

          Judges do not carry out the sentences.  They are both cut off and linked to the consequences of their acts.

 

8.2  Address to the Prisoners in the Cook County Jail, Darrow

          Darrow, famous defense lawyer.  Scopes Monkey Trial.

          People in jail are not much different from people out of jail.  Everyone in jail is really just doing the best that they can.

          What business owners do is just as bad.  Paying high fares on street cars is just as bad as a holdup.

          Problem is that not everyone has a chance to make a fair, decent living.  English people sent criminals to Australia.  Once they had room and resources, they stopped being criminals.

          Concentration of wealth causes crime.  Most crimes are crimes against property.

          Get rid of jails, and there will be no more criminals.

 

8.3  Rule of Law Versus Order of Custom

          Custom is social morality

          Law is organized force

 

          Archaic law and local custom

                   Dahomey:  Three best friends.  Friend is legally responsible

                  

                   Vietnam:  Customs of the village are stronger than the law of the emperor.

                   Russia:  Right of vengeance (11^th Century)

                   Visigoths:  700 A.D.  Hand over murderer to the family of victim.

 

          As state takes over, individual is substituted for the family unit.

                   Need to destroy the natural ties of family.

 

          Some legal terms carry over from clannish era.

                   Duty, Court, Eminent Domain, Individual as Property of State

 

          Law against suicide, murder.

                   Suicide laws imply you belong to state.

                   One society requires murderer to agree to suicide, people do not have right to take life.

         

          Law takes over and breaches the old order.