Download A Vision of American Law: Judging Law, Literature, and the by Barry R. Schaller PDF

By Barry R. Schaller

Throughout background, works of literature have helped to form public dialogue of social, criminal, and political concerns. during this ebook, Barry R. Schaller attracts on examples from American literature in offering an research of the felony elements of a number of significant difficulties dealing with our society. After opting for the most important criminal relationships in society, the ebook specializes in difficulties of violence, lack of authority, lowered religion within the American dream of growth, and the demanding situations posed through giant social and technological switch. the writer bargains a collection of criteria to function a consultant to potent judicial choice making and to help the general public in comparing the steadiness of these decisions.

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The law is not mentioned by anyone as a possible avenue of protection: The private code of honor will drive Jesus to retaliate against Nancy without intervention of law. Faulkner’s Nancy has had an earlier acquaintance with the law. Arrested and en route to jail with the marshal, she passes Stovall on the street. When she confronts him about not paying her for their last three encounters, he knocks her down. When she continues to taunt him, he kicks her in the mouth with his heel. Only after that did the marshal stop Stovall and continue to the jail.

Equality of members does not usually exist. Procedures, often rigid and inflexible, are prescribed, rather than individual rights or discretion. The rules or conventions dictate ways of thinking about others as well as behavior and action in prescribed situations. Codes deal with more than mere courtesy or civility. They enter the realm of ethics, morals, and the exercise of exclusionary power, sometimes employing violent means. Function Codes define the rules for members of the community and exclude outsiders.

In this mode, citizens feel a sense of personal and social responsibility. This ideal vision is remarkably similar to Ellison’s vision of personal moral responsibility for democracy. John Steinbeck’s The Grapes of Wrath,33 discussed later in Chapter 6, is concerned with democratic ideas. In addition, Walt Whitman’s poetry embodies his energetic version of democratic individualism. According to Henry A. ’’34 A variation of democratic individualism appears in affirmative action cases such as Regents of the University of California v.

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