CRI215H1 Lecture Notes - Lecture 7: White Supremacy, Austin Sarat
Document Summary
Legalism is the way we think about issues. More of an ideology and a style of thought. Austin sarat and nasser - history, theory and interdisciplinary. Exercise of sovereign power (prerogative) that exists above the general law. Someone cannot sue the state for not pardoning them. Pardoning went from frequent in the 60s to very limited (right now) The state is allowed to commit actions that may be considered outside the law. Clemency is not compatible with rule of law but it is not unlawful. Digging into puzzling moments, we can understand the world. Lynching post cards - postcards have a tendency to be seen as fun and family based. But in the lynching post cards, it showed horrific acts in which families would. Stead progress towards less violence to more privacy. Technology intended to make punishments more humane (from hanging to lethal injection) Some say lynching is unofficial conduct (formalist view) and only arbitrary racial violence (excessively realist)