Class Based Injustice in the United States

For centuries, analysts of law have debated virtually every attribute that encompasses the term. Although debate concerning law is often reduced to bickering over semantics, the need for law and its application has changed drastically throughout time, causing it to have many different definitions. When discussing "law" it is always important to disclose some sort of definition as to what law is in accordance to the topic of discussion. This aids comprehension and helps to avoid misinterpretation of what exactly is being referred to when the term is used. However, the failure to assign certain adjectives or a clear definition to law forces the opposition to address the thrust of the argument, rather than attack the given definition, which is often done. In addition, as said by Crazna Skapska, "enthusiasm for law without adjectives is based on the strong conviction that there are some adjectives which annihilate the meaning of the nouns to which they are added." That having been said, rather than enter into the much-exhausted debate concerning what law should or should not entail, I will only say that the "law" I am interested in is that of law in the United States. More particularly, and perhaps more importantly, the institutions within the legal system in the United States that blatantly oppress minorities and support class-based inequities in its society.

What justification is there, if any, in criticizing law in a system that is regarded by many as the greatest in the world? If one investigates only the surface of E.P. Thompson, or Martin Krygier's writings concerning the rule of law - perhaps none. E.P. Thompson insists that the rule of law is an "unqualified human good," and then goes on to say "To deny or belitt...

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Horwitz, Morton J. (1977). The Rule of Law: An Unqualified Human Good? The Yale Law Journal Vol. 86, Pg. ?

Thompson, E.P. (1975). Whigs and Hunters. NY Pantheon.

Krygier, Martin (1991). Law and Social Inquiry: Marxism, Communism, and Narcissism. The American Bar Foundation Pgs. 707-731.

Able, Richard L. 1991). Law and Social Inquiry: Capitalism and the Rule of Law:Precondition or Contradiction? The American Bar Foundation Pgs. 685-697.

Dahler, Don. "Some See Racial Overtones in Disparity of Crack vs. Powder Cocaine Sentences" May 11, 1998 (Boston Globe, p. A1)

Coloradans Against the Death Penalty (CADP), It's Easy to Believe in the Death Penalty - If You Ignore the Facts. Copyright 2000 CADP May 8, 2000.

http://www.coadp.org/thepublications/pub-v1n2-itseasy.html