Law in Contemporary Society

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RobinsonsMetamorphosisTalk 9 - 17 Feb 2009 - Main.LaurenRosenberg
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Discussion of Robinson's Metamorphosis

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>		I'm not sure how to move this to a new parent topic, but I thought it might be useful to begin discussing the reading about Robinson and to take off where the students left off last year.

-- LaurenRosenberg - 17 Feb 2009

 I thought to post some thoughts on the parallels between the Robinson's Metamorphosis piece and the Metamorphosis that may help start a discussion. Clearly the theme of alienation is a central issue - expressed not only through the descriptions of the inside of the prisons but also the location on an island apart from the rest of the world. The insect's reclusion in his room - and perhaps even his diminishing size - I believe also play into the idea of relieving others from the burden and acknowledgment of his existence. The reference to a young public defender who hasn't yet learned to be patient evokes the eroding patience of the insect's caretaker - but I am not sure exactly what to do with that. Another issue that stuck out was the discussion of the identity of the 'criminals' - what is a murderer or a rapist like. As though part of the alienation process of incarceration, also involves the dehumanization of those it sends off.

So what of the lawyers then? I recall reading Metamorphosis in high school as part of our discussion of the alienating and dehumanizing effects industrialization had on the work force - are certain practices prone to such separation? Is that what happens if they sell their licenses? Can lawyers be detached from the justice system itself? From the realities of what the law is? Surely if lawyers changed into prisoners they would have a better idea of what the law is - would they then know it as Holmes' 'bad man'? (Please correct me if this is completely off and point the discussion in the right direction!)

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 "By a consideration of some of the ethical problems of the criminal law, I wish to illustrate the truth that the procedure from principles to facts and from facts to principles, without assuming either to be absolute or unquestionable, does not at all lead to complete moral nihilism, but rather clarifies the process of building a systematic view of what the law should do, even though it tolerates a certain amount of probabilism and pluralism in taking into account the wide variations of social conditions and sentiments."
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>		-- MichaelBerkovits - 28 Feb 2008

"A real lawyer knows how to take care of a legal problem" Like many of Robinson's quotes, this seems to have a double meaning--I believe that Robinson is likely referencing how to take care of a problem with the legal system (which he seems to believe there are many), rather than simply a legal issue. In the example of the Fujianese/ Serbian client, Robinson identifies a legal problem--that his client is being indicted for every crime under the sun because he happens to break into an Assistant US Attorney's apartment and the D.A. who is handling the case happens to run in the same social circles with the judge. Robinson recognizes that the "legal problem" of being charged much more harshly because of who he chose to offend so he "takes care of it" (successfully) by threatening to cause an uproar regarding the conflict of interest between the judge and the D.A. and the D.A.'s witness.

 
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>		Is this the interpretation that others had when reading the article? If so, how can we train ourselves to take care of legal problems? Robinson clearly has a good read on people and understands their motivations (often a concern over their image or reputation). Are these types of skills that we can learn?

-- LaurenRosenberg - 17 Feb 2009

 
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<		-- MichaelBerkovits - 28 Feb 2008
 
 
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META TOPICMOVED by="EbenMoglen" date="1204168005" from="LawContempSoc.Lawyerland" to="LawContempSoc.RobinsonsMetamorphosisTalk"

Revision 9r9 - 17 Feb 2009 - 05:15:31 - LaurenRosenberg
Revision 8r8 - 22 Jan 2009 - 02:09:56 - IanSullivan
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