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The Law Is Not An Objective Practice, It Is A Tool Used By Those In Power To Keep Power

-- By UdokaOkafor - 01 Mar 2018

Taught To Believe That The Law Is Objective

When I was younger I had a naïve understanding of the law. I thought it was a neutral tool wielded to defend and advocate for those who were unable or prevented from advocating for themselves. I believed that when the 14th amendment of the Constitution stated "no state shall . . . deny to any person within its jurisdiction the equal protection of the laws" it could only be read to mean that all people are equal in the eyes of the law, and the laws would be enforced the same from person to person regardless of race, religion, or gender. I grew up being taught that lady justice was blind, and the constitution did not see race, and slavery was a momentary injustice in American history that was righted after emancipation.

Growing Disenchantment With The Law

As I grew older I learned that what I was being taught was far from the truth. The law is touted as an objective measure by those in power to mask their oppression of minorities. Congress is supposed to enact laws that benefit the people, but they enact the laws with favorable provisions that are lobbied for by wealthy donors. It is system that makes no sense. The most innocuous reason that can be given for this system is that it is a series of missteps that have gotten away from congressmen. They enact laws that placate their donors, and with the support of their donors they are able to do more good for the people. However, I doubt this is close to the truth. The congressmen wield real power when they enact laws, so they enact laws that are favorable to them and people like them without regard to their constituents. What are they really going to do? Vote the congressman out of office to be replaced by another who engages in the same practice? Congressman not only have no real incentive to do work only for the benefit of the people that they serve, but they are incentivized to do work for their donors less losing the election for their next term.

Judicial Opinions Are Not Unbiased

This is also true of judicial opinions. Judges often have their views on the cases decided before they begin to legally analyze the issue. The problem with this is that the same kinds of people are elected are appointed judgeships, so often the same few views are proliferated onto the masses. There is no unbiased legal application that is used to render decisions, it is what the judge believes the best outcome ought to be. The problem becomes when this "best outcome" often stifles the voices of minorities. This is a well-known truth that judges seem to deny. Take for example outrage expressed by Judge Posner's pragmatic judging approach. "I pay very little attention to legal rules, statutes, constitutional provisions," Judge Posner said. "A case is just a dispute. The first thing you do is ask yourself - forget about the law - what is a sensible resolution of this dispute?" Although practical and just to those who use this approach, this practice only benefits those who are currently in power believe need advocating for. Those in power and those who are currently in power continue to empower those who are like them, leading to the few constantly in power over the many.

1 https://www.nytimes.com/2017/09/11/us/politics/judge-richard-posner-retirement.html

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