McLaurin states in the beginning of his book, "The life of Celia demonstrates how slavery placed individuals, black and white, in specific situations that forced them to make and to act upon personal decisions of a fundamentally moral nature" (McLaurin 1991, xi). The American policy at the time supported slavery, and even allowed slave and non-slave states to join the Union in equal numbers. Most Northerners did not support slavery, but most Southerners did, and the American government managed to stay neutral by allowing states to join the Union in equal numbers, until the Civil War broke out. Of course, the Civil War freed the slaves, but they were certainly not free and equal in the South. The American policy, even after the war, did not allow the same freedoms, and even if it did, the Southerners created their own policies with the Jim Crow laws that affected blacks.
Celia's trial is a direct result of that American policy of the time, which allowed blacks to be owned as slaves, and even supported extending those rights to certain new states. How did it reconcile itself? It reconciled itself with the belief, held by many, that blacks were "lower" than whites in every way, and that they were not as capable or as knowledgeable. Some people thought they were like children, while others thought they were like animals. As long as they viewed them this way, they were less than human, and so, they did not have to be treated in a humane manner.
This was true even in the...
Law and Society The Nature of Law and Justice - Sadomasochism Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There may even be actual contracts involved. However, this presentation shows that just because there is consent to the act, doesn't mean that the dominant can get away with anything. In cases in which the
Oliver Wendell Holmes states that justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation. But a set of rules is needed to make society function and these rules must be carried out. This philosophy of law applies to Ann Hopkins' case. The senior partner and admissions committee had the prerogative of setting out the rules with which partners should be selected. Their sense of justice
I just like accumulating knowledge and my professional career has shown that you never can really know where you will be needing parts of that knowledge: I worked as a machinist for some time, but then I was able to promote because of the additional knowledge I had gained in the meantime. I hope that the education I will receive in law school would help improve my knowledge portfolio to
Law and Philosophy Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid getting into trouble. The bad man would lie, cheat, and/or steal if it weren't against the law because he cares not for the morals that underlie
However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003) Conclusion Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment.
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