Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
COURTS Happy Law Day! [May 1] Remember That The Law Is Mostly Terrible.
COURTS
Happy Law Day! Remember That The Law Is Mostly Terrible.
The law is a tool, not an end unto itself.
By JOE PATRICE
May 1, 2019 at 12:12 PM
Happy Law Day, everyone! Law Day, a special day of celebration for the cultivation of the respect for law that is so vital to the democratic way of life, is an opportunity for the lifelong gunners among us to wrap themselves in the flag and declare themselves the very model of a modern Atticus Finch except without all the racist parts.
Of course, Law Day is just a contrivance of the McCarthyite era, when gutting what the rest of the world celebrates as Labor Day involved propping up a menacing tribute to law and order to silence worker complaints. The unions that agitated for child labor laws and the 40-hour work week often had to step outside the lines of the law to be heard often at terrible personal cost and in 1958, when Law Day was dreamed up, a holiday celebrating order stacked on top of the international workers holiday was an admonishment that wasnt lost on labor.
And where do we find ourselves on this anniversary of Law Day? Well, theres a Supreme Court bolstered by a seat taken in broad contravention of over 200 years of constitutional norms has upended decades upon decades of precedent to hamstring organized labor. With a frathouse drunk joining the Court and the rest of the judiciary populated by right-wing bloggers {see the tweet} and hack children these attacks will only grow more strident. ... Meanwhile, Roy Cohn is being upheld as a model of professionalism in the Oval Office and the former FBI Director is scolding the Attorney General for frustrating an investigation. Some would say that the rule of law is on the ropes these days.
And not to knock the importance of a regime that respects the rule of law, but perhaps this moment this Law Day is a time to reflect on what the rule of law has meant in this country. For most of the nations history, the rule of law is what allowed companies to bust the heads of striking workers, segregated the country, and rendered women second-class citizens. Respect for the rule of law has allowed the courts to lead the way in making in-roads into all of these injustices, but at each and every juncture these legal victories began with people agitating for their rights and ending up on the losing end of the so-called lawful authority.
So remember on this Law Day to not just celebrate the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law, but to remember that equality and justice have usually been on the losing end of the legal system. Rather than a celebration, Law Day should be a somber moment where the profession recognizes its complicity in the injustice perpetrated in the name of law throughout the countrys history. An opportunity to refocus on equality and justice and recognize law not as a false idol but both a cure and the disease in the effort to realize those ideals. Literally, this day was created to bully people fighting for their rights keep that in mind when you celebrate all the progress the law has achieved.
....
Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if youre interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
Happy Law Day! Remember That The Law Is Mostly Terrible.
The law is a tool, not an end unto itself.
By JOE PATRICE
May 1, 2019 at 12:12 PM
Happy Law Day, everyone! Law Day, a special day of celebration for the cultivation of the respect for law that is so vital to the democratic way of life, is an opportunity for the lifelong gunners among us to wrap themselves in the flag and declare themselves the very model of a modern Atticus Finch except without all the racist parts.
Of course, Law Day is just a contrivance of the McCarthyite era, when gutting what the rest of the world celebrates as Labor Day involved propping up a menacing tribute to law and order to silence worker complaints. The unions that agitated for child labor laws and the 40-hour work week often had to step outside the lines of the law to be heard often at terrible personal cost and in 1958, when Law Day was dreamed up, a holiday celebrating order stacked on top of the international workers holiday was an admonishment that wasnt lost on labor.
And where do we find ourselves on this anniversary of Law Day? Well, theres a Supreme Court bolstered by a seat taken in broad contravention of over 200 years of constitutional norms has upended decades upon decades of precedent to hamstring organized labor. With a frathouse drunk joining the Court and the rest of the judiciary populated by right-wing bloggers {see the tweet} and hack children these attacks will only grow more strident. ... Meanwhile, Roy Cohn is being upheld as a model of professionalism in the Oval Office and the former FBI Director is scolding the Attorney General for frustrating an investigation. Some would say that the rule of law is on the ropes these days.
Link to tweet
And not to knock the importance of a regime that respects the rule of law, but perhaps this moment this Law Day is a time to reflect on what the rule of law has meant in this country. For most of the nations history, the rule of law is what allowed companies to bust the heads of striking workers, segregated the country, and rendered women second-class citizens. Respect for the rule of law has allowed the courts to lead the way in making in-roads into all of these injustices, but at each and every juncture these legal victories began with people agitating for their rights and ending up on the losing end of the so-called lawful authority.
So remember on this Law Day to not just celebrate the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law, but to remember that equality and justice have usually been on the losing end of the legal system. Rather than a celebration, Law Day should be a somber moment where the profession recognizes its complicity in the injustice perpetrated in the name of law throughout the countrys history. An opportunity to refocus on equality and justice and recognize law not as a false idol but both a cure and the disease in the effort to realize those ideals. Literally, this day was created to bully people fighting for their rights keep that in mind when you celebrate all the progress the law has achieved.
....
Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if youre interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
0 replies, 496 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (2)
ReplyReply to this post