NCJ Number
18966
Date Published
1975
Length
382 pages
Annotation
THE AUTHOR ARGUES THAT AMERICAN FAITH IN THE RULE OF LAW IS IRRATIONAL, AND THAT CONTINUED RELIANCE ON THE IDEAL OF LAW AS A REGULATOR OF PUBLIC AND PRIVATE CONDUCT IS DESTROYING THE LEGAL SYSTEM.
Abstract
THE EVIDENCE OF THE DEATH OF THE LAW AND THE IMPLICATIONS OF NATIONAL LAWLESSNESS TO THE CONTINUED VIABILITY OF OUR CONSTITUTIONAL FORM OF GOVERNMENT ARE FIRST EXAMINED. THE ETIOLOGY OF THIS EPIDEMIC OF ILLEGAL BEHAVIOR IS EXAMINED. THE PECULIAR ROLE OF LAW IN AMERICAN LIFE AND GOVERNMENT AND THE EXTRAORDINARY AND UNREALIZED EXPECTATIONS OF THE AMERICAN PEOPLE ARE SHOWN TO HAVE CONTRIBUTED TO THE DEATH OF THE LAW. IN THE SECOND SECTION OF THE BOOK, THE AUTHOR PROVIDES A DETAILED NARRATIVE DESCRIPTION OF THE AMERICAN LEGAL SYSTEM IN OPERATION AND ITS COMPONENT PARTS. EACH SEGMENT OF THE LEGAL STRUCTURE AND EACH OF THE CLASSES OF PERSONS REQUIRED TO OPERATE THE SYSTEM ARE SHOWN AS THEY ACTUALLY FUNCTION, NOT AS THE CONVENTIONAL WISDOM AND TEXTBOOKS HAVE TAUGHT US TO VIEW THEM. THE PROBLEMS AND OPERATIONS OF THE LEGISLATURES, TRIAL COURTS, APPELLATE COURTS, POLICEMEN, LAWYERS AND JUDGES ARE REVEALED WITH ILLUSTRATIONS OF THEIR ROUTINE, DAY-TO-DAY ACTIVITIES. THE FAILURE AND FRUSTRATIONS OF THOSE WHO ARE PART OF THE LEGAL SYSTEM AND THE EFFECTS UPON THE PEOPLE WHO ARE CAUGHT UP IN THE SYSTEM AS CRIMINAL DEFENDANTS, CIVIL LITIGANTS AND ORDINARY CITIZENS ARE ALSO DESCRIBED. THE EVIDENT FAILURE OF EACH SEGMENT TO FUNCTION ADEQUATELY, PROMPTLY AND EFFECTIVELY IS SHOWN TO BE A CONTRIBUTING FACTOR IN THE DEATH OF THE LAW. IN THE FINAL SECTION, THE AUTHOR DISCUSSES THE PHILOSOPHICAL AND PRACTICAL PROBLEMS OF THE CITIZEN WHO ATTEMPTS TO RECONCILE THE DICTATES OF CONSCIENCE WITH THE DUTY TO OBEY THE LAW. THE OLD BUT TIMELESS QUESTION OF WHAT IS JUSTICE IS EXAMINED IN THE CONTEXT OF AMERICAN LAW AND THE EXPECTATIONS OF OUR SOCIETY. FINALLY, THE BOOK CONCLUDES WITH A RECOGNITION OF THE LIMITATIONS OF LAW BOTH THEORETICALLY AND AS AN INSTITUTION TO RESTRUCTURE SOCIETY, THE FAMILY AND THE INDIVIDUAL TO CONFORM TO THE IDEALS AND PROMISES OF THE AMERICAN DREAM. IT SUGGESTS THE RECOGNITION OF THESE LIMITATIONS AND THE CREATION OF SUPPLEMENTAL AND ALTERNATIVE MEANS TO ACHIEVE BOTH INDIVIDUAL LIBERTY AND A STABLE AND ADEQUATE SOCIAL ORDER. (AUTHOR ABSTRACT)