Midterm Outlines - LSJ 375 Midterm Outlines 1 Understanding the Law\/Violence Connection A Law as violence prevention-create order and stability and non

Midterm Outlines - LSJ 375 Midterm Outlines 1 Understanding...

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LSJ 375 Midterm Outlines1. Understanding the Law/Violence ConnectionA. Law as violence prevention-create order and stability and non violence in society-purpose of law: creating social order, facilitating orderly social changeB. Law’s existence often depends on violence-foundation of particular system/ orders came about through violenceex: French Revolution, destruction of traditional tribal legal systems, abolition-creation of legal ordersC. Law’s Operation often entails violence-law rests on a field of pain and death1. Direct Violence- you can figure out perpetrators of that violence, example is the death penalty, police action coercion force, torture memos…who was the perpetrator?Examples: Legal Direct-death penalty, Non-Legal-murder, domestic violence2. Structural Violence- harm or suffering caused by social structures/ institutions that prevent people form meeting their basic needs, examples: churches, family, schools-social force involving groups of people working together for a common goalExamples: Legal-NAFTA, war (indirect effects on citizens), border deaths; Non Legal-discrimination, trafficking, genocideLaw seeks to prevent violence yet also entails itD. Law’s Unintended Consequences may include violence-NAFTA-War on Drugs/Prohbition of Drugs (prevented people from calling the police if friends overdosed)-2ndAmendment-Law has a paradoxical relationship with violence2. The obfuscation of law’s violenceA. Legal Terminology/Language-Different way of talking about, different connotations-discourse emphasizes the hope death penalty has-examples: the definition of torture (torture memos), language obscures/ makeslaw’s violenceB. Legitimation of Law’s Violence-non legal violence had different characteristics from legal violence-there are apparent differences between legal violence and non legal violence-are these apparent difference reals or illusory?-Holocaust was deemed legalLaw and ViolenceThe interpretation of the law is NOT abstract it truly happens and is viewed in everyday lifeLegal interpretation and violence are inseparable, it is the real nature of the law-a judge interprets a text and someone loses their freedom, property, life; yet judges are disconnected from their actions
The violence of sentencing-consider the profound intersection in this term of pain and language, judge and prisoner are oppositesIs the loss of Freedom and act of violence? Violent in the sense that they are stripped of their identity, no longer seen as a citizen like everyone elseThe law is about what the judges do not what they say, law is visible, judges simply deal pain and death, court rooms are where justice is supposed to be served, very few cases in which positive outcomes occur in a court roomThe interpretation of law differs from interpreting other kinds of texts because it signals violenceTHE LAW NEEDS VIOLENCE without violence there would be no practical need for law, law occurs when there are problems, all stem from a type of violence

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