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Chapter 10
The Postmodern Method:
Law
Discussion Guide
- Did the Rodney King trials ever make you wonder whether justice is
based on race?
- Why do you think the majority of people in jails are African American?
- Saalman points out that traditional legal theory argues for the "Rule
of Law." Postmodernists claim that there is no such thing as the
rule of law because all laws have to be interpreted and applied by people.
How would you respond to this point?
- Recent study shows that crack cocaine users are far more likely to
be arrested than are users of regular cocaine. Many observers claim
that this proves the law operates under racism. After all, most crack
users are black and poor, while most users of regular cocaine are middle
class whites. How would you respond to these findings?
- Critical legal theorists claim that judges wear robes and use archaic
language in order to gain wrongful legitimation. Why do you think they
wear robes? Are such traditions sinister?
- Saalman quotes Stanley Fish as saying, "Does might make right?
In a sense the answer I might give is yes, since in the absence of a
perspective independent of interpretation some interpretive perspective
will always rule by virtue of having won out over its competitors."
If this is true, what can minorities expect in the future? What could
hold out hope for minorities?
Facilitator's Manual for Law
- Did the Rodney King trials ever make you wonder whether justice is
based on race?
- Why do you think the majority of people in jails are African American?
- Saalman points out that traditional legal theory argues for the "Rule
of Law." Postmodernists claim that there is no such thing as the
rule of law because all laws have to be interpreted and applied by people.
How would you respond to this point?
- Courts serve as checks and balances for each other to an extent,
through the appeals system.
- It is certainly possible that laws could be interpreted unfairly.
Many evangelicals believe this occurred in the case of Rowe vs. Wade.
However, even though laws can be abused, a system without laws would
be even worse.
- Recent study shows that crack cocaine users are far more likely to
be arrested than are users of regular cocaine. Many observers claim
that this proves the law operates under racism. After all, most crack
users are black and poor, while most users of regular cocaine are middle
class whites. How would you respond to these findings?
- Racism is certainly one good possible explanation
- - Racism is one very good possible explanation
- Because crack is a cheaper high, it is associated with poor people,
and poverty in turn has long been associated with crime. Since more
African Americans are poor, it is not surprising that they more often
are arrested in conjunction with other crimes, and are found to be in
possession of crack.
- Wealthier white cocaine users are better able to hide their activities
from police than the poor. Crack abuse remains a street crime, more
liable to discovery. Note: Even if these last two explanations are correct,
racism may be a factor in why proportionately more blacks are poor.
- Critical legal theorists claim that judges wear robes and use archaic
language in order to gain wrongful legitimation. Why do you think they
wear robes? Are such traditions sinister?
- Saalman quotes Stanley Fish as saying, "Does might make right?
In a sense the answer I might give is yes, since in the absence of a
perspective independent of interpretation some interpretive perspective
will always rule by virtue of having won out over its competitors."
If this is true, what can minorities expect in the future? What could
hold out hope for minorities?
- Majority culture can always "win out" against other viewpoints
if all is purely a matter of power, as Fish claims. Minorities should
resist this sort of thinking with all their might.
- Only objective universally binding ethical values will guarantee
fairness for minorities, and this is the very thing postmodernism denies.
Many authorities, like Gene Veith, have worried that postmodernism could
lead to fascism.
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