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

By Barry R. Schaller

Throughout background, works of literature have helped to form public dialogue of social, criminal, and political concerns. during this ebook, Barry R. Schaller attracts on examples from American literature in providing an research of the felony elements of numerous significant difficulties dealing with our society. After determining the main felony relationships in society, the ebook specializes in difficulties of violence, lack of authority, reduced religion within the American dream of development, and the demanding situations posed by way of large social and technological switch. the writer bargains a collection of criteria to function a consultant to powerful judicial determination making and to aid the general public in comparing the stability of these decisions.

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Extra info for A Vision of American Law: Judging Law, Literature, and the Stories We Tell

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Quaker communities have similar values. Academic communities have disciplinary codes. The subject of community and association in America, itself, continues to be the subject of scholarly discussion. ’’8 Dean Aviam Soifer has recently published Law and the Company We Keep, a fascinating discussion of community, law, and American culture. 9 Because this book deals with several of America’s societal problems, however, I have chosen to focus on communities and codes that involve violence and are disruptive of society rather than the broader topic of communities and associations.

Congress responded to that decision by passing the Flag Protection Act of 1989. That legislation was struck down by the Court in United States v. 53 Political support for a constitutional amendment was not strong enough to prevail. S. Supreme Court—or any court, for that matter—reflect the values of society. V. as well. V. allegedly had burned a cross on a black family’s lawn. The Court held that a bias-motivated crime ordinance prohibiting the display of a symbol which ‘‘arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender’’54 was facially invalid under the First Amendment.

A head-to-head confrontation occurs in which the winner takes all. This type of clash exists today in confrontations over rights. As Glendon expressed it, ‘‘in its simple American form, the language of rights is the language of no compromise. ’’43 Rather than compromise his brand of individualism, Leatherstocking departs for the wilderness. While Cooper viewed that solution as an acceptable way of resolving the tension between individual and society in his eighteenth-century fictional world—with the availability of frontier space—it is hardly a viable way to solve problems in our complex world of the late twentieth century.

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