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Download A Vision of American Law: Judging Law, Literature, and the by Barry R. Schaller PDF

By Barry R. Schaller

Throughout historical past, works of literature have helped to form public dialogue of social, felony, and political matters. during this booklet, Barry R. Schaller attracts on examples from American literature in providing an research of the criminal facets of numerous significant difficulties dealing with our society. After making a choice on the major felony relationships in society, the ebook specializes in difficulties of violence, lack of authority, decreased religion within the American dream of growth, and the demanding situations posed by way of substantial social and technological switch. the writer deals a suite of criteria to function a consultant to powerful judicial choice making and to help the general public in comparing the steadiness of these decisions.

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From this time, till the great day when the whites 20 The Law in Society shall meet the red-skins in judgment, and justice shall be the law, and not power. (P, 455) Conflicts between the individual and society similar to those presented in The Pioneers are visible in American society today. In many areas of law, for example, in housing, land use, and zoning controversies, as well as in many types of constitutional rights-based litigation, the exercise of individual rights frequently conflicts with identifiable interests of the community as a whole.

In these constitutional contexts, the courts generally are engaged in balancing the interests of individuals as they conflict with societal interests and determining the extent to which society may restrict autonomy or encroach on privacy in order to fulfill legitimate societal needs. It is important to note, of course, that, although these concepts are linked in our thinking today with notions of individuality and even natural rights, they appeared at different stages in the development of intellectual history.

A private gang code was also featured in Dawson v. 18 That case involved evidence about a prison gang with its own private code of conduct. The defendant appealed his conviction for first-degree murder which resulted in a death sentence. At the capital sentencing proceeding, evidence was admitted by stipulation of the parties that the defendant was a member of an organization called the Aryan Brotherhood, a white racist prison gang which began in the 1960s in California in response to other gangs of racial minorities.

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