Law in Contemporary Society

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WenweiLaiSecondPaper 8 - 21 Jul 2010 - Main.WenweiLai
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

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  To verify this viewpoint, we have to compare Brown’s “violent” revolution with a non-violent movement similarly waged by the minority against the establishment. If the non-violent movement is similarly disapproved by those in power (not only politically, but also socially and economically), then we can say that violence or non-violence is not the key. The movement that came to my mind was the movement in the 60s. In 1968, Justice Abe Fortas published a book, Concerning Dissent and Civil Disobedience, arguing that civil disobedience must be limited to laws that are themselves wrong. According to this opinion, almost every form of civil disobedience would become unjustified; when you burn the flag to protest a war, you are not violating the law that is itself wrong.

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When was 1968? It was when the anti-war movement was at its height and King was assassinated. Who was Abe Fortas? He was Lyndon Johnson’s close friend who co-wrote Johnson’s State of the Union speech. Fortas’ opinion, to a degree, represented the people in power. As Howard Zinn put it, [[http://books.google.com/books?id=HLgaz5c05XQC&printsec=frontcover&dq=Disobedience+and+Democracy:+Nine+Fallacies+on+Law+and+Order&source=bl&ots=ahyDkFsTVx&sig=8xGbIh5zk2tSYvAMb6WyjrYxrKk&hl=en&ei=MXpFTMXRG8WPOL29oZgE&sa=X&oi=book_result&ct=result&resnum=4&ved=0CBoQ6AEwAw#v=onepage&q=fortas&f=false][“…poverty, racism, war are held sacrosanct against civil disobedience by Fortas’ rule. For exactly those conditions which require the strongest of protests, citizens are deprived of the strongest of weapons. The Fortas rule guarantees that civil disobedience will never touch the most vital beams of our social system, however decayed they may be.”]
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When was 1968? It was when the anti-war movement was at its height and King was assassinated. Who was Abe Fortas? He was Lyndon Johnson’s close friend who co-wrote Johnson’s State of the Union speech. Fortas’ opinion, to a degree, represented the people in power. As Howard Zinn put it, “…poverty, racism, war are held sacrosanct against civil disobedience by Fortas’ rule. For exactly those conditions which require the strongest of protests, citizens are deprived of the strongest of weapons. The Fortas rule guarantees that civil disobedience will never touch the most vital beams of our social system, however decayed they may be.”
  Thus, the disapproval of John Brown was not due to the “violent” character of his attack; the non-violent protests were treated in the same way. Rather, such resistance to push for change was out of fear. The people in power were afraid that they might lose the right to exploit the underprivileged and suppress different voices. They should not enjoy the right in the first place.

Revision 8r8 - 21 Jul 2010 - 09:39:20 - WenweiLai
Revision 7r7 - 20 Jul 2010 - 21:53:13 - WenweiLai
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