Saturday, June 1, 2019

Power and the Legal System Essay -- Law

Access to the law and legal constitution is the ability to shape it, both in its meaning andunderstanding. patch the factors that usually determine the power to shape law are not static, ingeneral, access to law has been held by specific groups of people the wealthy, males, whites,and religious authorities. In constructing the law, these specific groups have traditionally usedtheir power to reinforce their dominant position and impede the ability of powerless groups tofurther their interests. It is this position of advantage that allows the normal groups tomaintain a system of inequality fortified by the law that protects their prosperity while forcingthe disadvantaged to appeal to problematic methods to promote their well-being as a result oftheir lack of access.In his speech, Address to the Prisoners in Cook County Jail, Clarence Darrow defineslaw as a creation of the rich, who, because of their wealth, own and control most of the billetand institutions of society (Darrow 229). The access that comes with their wealth then grantsthem the power to construct the law in a way that sustains their elite position. For Darrow, as aconsequence of this system of power, the unprivileged individuals are forced to seek out other,often criminal means of living in order to survive. He explains this by stating, The more that istaken from the piteous by the rich, who have the chance to take it, the more poor people there arewho are compelled to resort to these means for a livelihood (227). By wielding their power, therich have been able to consistently thwart the ability of the poor to access legitimateopportunities, often leading them to participate in activities such as robbery and burglary in orderto ob... ... for the structure of inequality to be destroyed, access to the law and the ability to shape itmust be given to all.Works CitedMLA addressDarrow, Clarence. Address to the Prisoners in the Cook County Jail. Before the Law AnIntroduction to the legal Process. Ed . John J. Bonsignore., et. al. Boston HoughtonMifflin Company, 2006. pp. 225-232.Galanter, Marc. Why the Haves Come Out Ahead Speculations on the Limits of LegalChange. Before the Law An Introduction to the Legal Process. Ed. John J.Bonsignore., et. al. Boston Houghton Mifflin Company, 2006. pp. 81-89.Kropoktin, Peter. Law and Authority. Before the Law An Introduction to the Legal Process.Ed. John J. Bonsignore., et. al. Boston Houghton Mifflin Company, 2006. pp. 158-167.MacKinnon, Katherine. A scratch Against Rape. White Plaza, Stanford University. 16 Nov.1981.

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