Law in Contemporary Society

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OurOwnMyths 25 - 16 Feb 2009 - Main.LaurenRosenberg
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I don't know what 'refactor' means,
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 So what am I suggesting we ought to worry about, even if we side with underdogs? I'm not totally sure myself, but I think it has something to do with how legal doctrines can take on lives of their own, and get applied by courts in both just and unjust ways. For instance, in my Con Law class we've been talking about substantive due process, which is now understood as the basis for a constitutional right to privacy; if we're concerned with protecting civil liberties, we'll likely argue our cases on the basis of doctrines connected to substantive due process. But substantive due process arose in Lochner and subsequent cases as a justification for preventing states from protecting workers through the enactment of wage and hour laws. Of course, Lochner is supposedly discredited now, but it's not clear to me that the doctrine of substantive due process couldn't be used for similarly obscene ends in the future. The same could hold true for many legal doctrines.

-- MichaelHolloway - 15 Feb 2009

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Michael, do you think that "the underdog" is a fixed concept? In terms of your proposed criminal defense work, you might think it is the indigent accused criminal. But if everyone follows your proposition and begins to "side with the underdog," then many individuals will represent the criminally accused and the label of "the underdog" might shift to the victims. Maybe we ought not be so concerned about who "the underdog" is and we should instead be concerned about whether we have a legal system that provides fair and zealous representation to all parties.

-- LaurenRosenberg - 16 Feb 2009

 
 
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Revision 25r25 - 16 Feb 2009 - 15:46:42 - LaurenRosenberg
Revision 24r24 - 16 Feb 2009 - 13:54:06 - AaronShepard
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