NCJ Number
28641
Date Published
1974
Length
28 pages
Annotation
THE AUTHOR EXAMINES THE GOAL OF LAW IN GENERAL AND THE SPECIFIC FUNCTIONS OF THE LAW IN AMERICAN DEMOCRATIC SOCIETY; HE CONCLUDES THAT THIS LAW IS BY NATURE REPRESSIVE, AND PROPOSES AN ALTERNATIVE LEGAL SYSTEM.
Abstract
PHILOSOPHICAL CONFLICTS CONCERNING THE NATURE OF MAN AND THE NEED FOR LAWS ARE REVIEWED. IT IS STATED THAT THOSE WHO BELIEVE THAT MAN'S BASIC NATURE IS GOOD FIND LAWS UNNECESSARY, WHILE THOSE WHO VIEW MAN'S BASIC NATURE AS EVIL CONTEND THAT LAWS ARE NECESSARY TO CONTROL MAN. THEORIES ON THE BASIS OF LAW ARE REVIEWED, AND THE CONFLICTS CONCERNING POSITIVE LAW AS OPPOSED TO NATURAL LAW ARE EXAMINED. THE AUTHOR TRACES THE DEVELOPMENT OF STATES' RIGHTS, AND NOTES THAT IN AMERICAN SOCIETY, INDIVIDUAL, HUMAN RIGHTS HAVE BEEN SUPERSEDED BY THE LARGER RIGHTS OF THE STATE. THE NATURE OF CIVIL DISOBEDIENCE IS THEN DISCUSSED. IT IS ARGUED THAT UNDER THE AMERICAN DEMOCRACY, CIVIL DISOBEDIENCE IS TOLERATED UP TO THE POINT AT WHICH IT BECOMES AN EFFECTIVE INSTRUMENT OF CHANGE: AT THIS POINT, THE AUTHOR STATES, SOCIETY REPRESSES THE CIVIL DISOBEDIENCE. THE AUTHOR PROPOSES THREE ALTERNATIVES TO THE PRESENT LEGAL SYSTEM: ELIMINATION OF THE SYSTEM; USE OF THE SYSTEM AS AN UNENFORCED STATEMENT OF BEHAVIORAL GUIDELINES; AND DECENTRALIZATION OF LAW INTO A SERIES OF LOCAL, TRULY DEMOCRATIC LAW SYSTEMS. (AUTHOR ABSTRACT MODIFIED)