Law Book Summary – Chapter 10, 11 & 12
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Chapter 10: The Limits of Social Control
The American and Iraqi relationship was crushed due to inevitable disagreements concerning the consent age. Marej and Latif were refugees living in Lincoln, and they both decided it was time they got themselves married. A fellow Iraq refugee told the two that he had two daughters, and he would like them to be married. The marriage arrangements were made, and hence, the two daughters became wives to Marej and Latif. It was until the two girls ran away that the husbands reported to the police on the missing ladies, that questions spark on the marriage. On investigation, the two ladies ran out as they did not consent to be married at the time. According to the Iraqi Islamic custom, the two ladies were officially married, and everyone at the camp was happy. Nonetheless, the two ladies were aged thirteen and fourteen. According to the United States laws, the two men had committed multiple accounts of rape on the minors. Thus, they were supposed to spend over fifty years in prison, paying for the crime. The Iraqi people were not happy and saw this as an injustice upon the two fellows.
Vice crime is any activity that offends the moral standards of the people. The crime is covered in public order offense, victimless crimes, and consensual offenses. The consensual principle was violated with Iraq, who did not consider the ladies’ willingness to get married. Hence, the harm principle applies in the case. The harm principle is where the prosecutor examines the elements of a crime to prove that the accused are guilty. The nature of the crime is analyzed, and the offenders are either declared innocent or guilty. If a person willingly swings their arms with too much force, making the arm to dislocate, the person has not harmed anyone but themselves. Therefore, victimization is where a person’s actions have negatively affected other people around them. Thus, liable for any damage and losses incurred by the other party. Debates are still ongoing on whether the state is justified to interfere with the privacy rights of individuals. For Example, if a person commits adultery, it may lead to other ripple effects where the family breaks down, and the children are mentally and physically affected. Thus, resulting in hurt, pain, anger as some of the children may even attempt to take their own lives. Some societies have taken action as a severe violation, which results in death. The communities are justified by the bible on the matter, also on the effect that adultery causes to the people around. The establishment of such moral courts is still debated, and there is a need to find a solution to such vices.
Homosexuality and sodomy are considered severe crimes in old societies yet readily accepted in the United States. The results of sodomy, just like adultery, was death. For years, the American people believed that sodomy was a psychiatric problem hence readily admitted the people in the mental institutions. Recently, homosexuality has been removed from the list of mental diseases. In modern society, the choice is granted to people on how they choose to use their bodies and selves as long as it does affect other people. The concept is genuine, but some of the choices affect other individuals indirectly; thus, the justification of some of the acts is still debatable. Actions such as prostitution can either be criminalized or taken as a matter of choice on the people who chose to indulge in the activities. Nonetheless, the commercialization of prostitution may result in the disruption of the community. Abortion, the use of illicit drugs, and pornography are also under consideration of the nation’s moral principle and the effect of such acts on the general population.
Chapter 11: Law, Social Change and the Class Struggle
The British Prime minister, Churchill, was knocked down by a cab as he tried to cross the road in New York. The man was found with a whiskey bottle, which led to the criminalization of alcohol beverages transportation, manufacture, and sale. Drinking is associated with many kinds of accidents, which was evident to people who tried to form campaigns, advocating for change in people’s social lives. The intention was not to prevent people from drinking but the effects associated with uncontrolled behaviors. The associated evils should be controlled, and the consequences of people’s acts enforced. The need for social change was characterized by values, norms, attitudes, and the need to form sustainable relationships. In the past, people lived together entirely dependent on the norms and values, which kept the society glued. The people who resist social change are bound to benefit from the nation’s current situation. Also, some people are psychologically disturbed by social change, thus the need to let society stay in its current form.
The law has taken a minor role in upholding its role in enabling social change. Today the law seems to be controlled by the politics that exist in the environment. The people force the law to react to the vices by holding rallies and other campaigns against injustices. The law is not active but proactive; hence, losing its meaning in protecting the people and creating a sustainable society. The social movements in society pursue the goal of enforcing the law due to the aggrieved, and those denied justice. Nonetheless, the pursuit of justice in any society is reliant on the democracy of the country. Conflict is a function of democracy, as, without conflict, the rights of the people would be violated. People search for peace and co-existence with one another through negotiations of fighting. The abolition of the slave movement was also a result of the social movement.
The law has played a significant role in making the United States what it is today. The British legislations were made to make Americans pay their share of the war, but instead, it worked to defend them. Unlike other countries like Russia and France, the American war was a legal affair with many ripple effects. For Example, the revolutions that took place, leading to independence was fought by the English constitution. After the war, offenses were charged against George III, a violation of British legal principles. The sovereignty of the law was declared; hence, all the people could be governed under the law and punish any violations. George II was placing himself above the law, which led to the American Revolution, realizing its importance.
The role of the law is to stir social change and to ensure the conservation of the change. Nonetheless, in Russia, individuals believed that the law could delay change if it’s meant to benefit a few individuals in society. Hence, people may be forced to continually fight against the same law that should be formulated to protect them. In Russia, the constitution was written down, yet it did not constitute freedom as people’s rights were violated. Therefore, formulating the law, writing down as well as enforcing the law will lead to social change. The law is not an ideology to be documented but to be executed and ensure that the people understood the consequences of violation. Legitimization of the rule is the ability to command compliance amongst the people. The wealth of the people should not influence the justice system hence defiling the constitution. In many instances, social change is not enabled as the wealthy are more likely to lose from such enforcements. For Example, a progressive tax would mean the redistribution of wealth in society. Hence, the wealthy class will prevent social change to occur, protecting themselves from the law. Therefore, social justice demands that we go beyond the legal and political fights to create equality in goods and power.
Chapter 12: Women and the Law
Alice Porter was fired from her job for excessive absenteeism and poor work performance. The truth was that she got pregnant and was deemed as not being productive in the workplace. Alice was given a maternity leave, which was still accounted for as one of her vacation time. The child was born with minor health problems, forcing Alice to take a little more time to tend to the child. Her absenteeism at work was negatively translated by the employer, who immediately fired Alice. The law had no clear policies on Alice’s case, and she was forced to stay without work and a sick newborn baby to take care. Alice was a single mother as the husband had left, and the children’s welfare was a concern, her ability to raise her babies. If Alice were living in a democratic country, she would have been guaranteed maternity leave and salary to take care of her needs. Poverty is something that the women had to fight with, as they were fired for getting pregnant. The men are advantaged in society as they don’t have to take unnecessary breaks from employment to give birth or take care of sick children. Therefore, the women needed protection under the law.
Feminism has taken center stage in society where people try to understand institutions and the social changes that have been permitted, favorable for women. Patriarchy is a term used to mean a male-dominated social system which undesirable in the current society. The early Greek society was sensitive to women as the creation story starts with the existence of an earth goddess who ruled overall, and few men held power. Nonetheless, some tales in society justified the supremacy of men. For Example, the homers tale dated 800 BCE featured the women as servants, baby-makers. The wealthy men also regarded women as instruments of pleasure after a long day at work. Thus, the role of women in society has been misrepresented by many people. Cicero believed that the place of a woman was at home taking care of the children. Amongst the poor, the law on the women was much more manageable, yet life was more challenging as they had to take care of the children and work at the same time. The role of the church in enforcing the law against women was manifested. The women were encouraged to go to a church where their duties to society were taught repetitively until they submitted to their husbands.
In the nineteenth century, women began fighting for their rights. For Example, the women could be forced to have babies that they never desired as the law did not allow for abortion or contraceptives. Therefore, the women had to fight for their rights to vote to change many of the policies that worked against them. Others wanted to acquire a decent education and have the right to opportunities. The common law believed that women were not fully functional; married women were regarded as one with their husbands. Hence, the husband functioning in the system was said to benefit the marriage. Matilda Joslyn was a women activist, and she helped form a campaign to separate the church from the State. Hence, the church’s laws were not directly to be applied to the State without proper consideration. Women were debated to be subjected to rape and other vices because they were not regarded as equals under the law. Therefore, physical and sexual abuse in marriage was considered a violation of human rights. The Supreme Court also order a review of the gender and the roles that they had in society, hence permitting them to work. Women were required to be represented in the legal system, and abuse against women was regarded as biasness. The equal rights movements were formed across the country to enforce women representation in different sectors of the economy.
