LEGAL 250 Lecture Notes - Lecture 21: Equal Protection Clause
30 Nov 2017
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Role of right (rules) and might (enforcement) ) and rebrands it as legitimized force (e. g. use. Thesis: while we see law"s violence easily in particular contexts (e. g. torture), it is also of force guidelines) present in other legal contexts/moments and don"t appear violent (e. g. sentencing, judicial decision making and opinion/verdict rendering) Law"s fore is violent - even if no blood is spilled - and law"s power (and that propped up by it) is further evidenced/enhanced. Question: how do we get judges and others to do law"s violence when we are trying to hide or minimize it. Answer: separation/hierarchy (i. e. agents and autonomy), authority and reason. Where rules and society seem at odds and right claims are made (often in the face of law"s force/violence) - law and law enforcements come under duress, scrutiny, and pressures to change. Rights claims are only made when they are being denied or abridged. Derrico: so long as we are infected by .
