Hi class,
Module 14 has been posted.
After this module, we have only one additional module left, our second exam.
Hi class,
Module 14 has been posted.
After this module, we have only one additional module left, our second exam.
2. Gilmore makes the point that criminals are actually being created by the criminal justice and prison system (she says “the category of ‘criminal person’ can be perpetuated”). According to Gilmore, how does that happen, how does the prison system create new “criminals“? Do you agree with her view?
3. Describe how your understand what Prof. Gilmore – in the last part of her video – calls “liberation struggle”?
Hello class,
Since this is Thanksgiving week, there will be no module posted this week.
Our next module will be posted this coming Sunday.
1 .According to MLK, how can we tell the difference between just and unjust laws?
A fair law is one that enhances human personality. It is unfair for a law to diminish human personality. Because segregation harms the soul and the personality, all segregation laws are unjust. It creates a false sense of inferiority among the isolated.
2. In your view, is this an important distinction (between just and unjust laws), do you think it makes a difference in the way someone (as an individual, or our society as a whole) lives their lives? Can it affect our politics?
In my view unjust law helps to maintain systems of power, impose suffering and class distinctions, disproportionately causes suffering in minority groups, and silences political opposition, a just law serves to promote real equity, uplifts, satisfies needs, and prevents suffering. One has a duty to uphold just laws both legally and morally. Failure to obey just laws can completely disrupt the political system in a society. Without law enforcement, the political ability to deal with national security and public safety issues is severely limited.
3. Based on our discussion of Question 1, give an example each, of an unjust and just law, in the US today.
Currently, the US has two distinct legal systems. One for the rich and one for the rest of the society. Only a person’s level of money may determine whether they are in or out of prison. A rich individual can pay for their release prior to trial, maintain their employment, and remain in their house while organizing their defense. Poor people who are arrested must remain in jail for days, weeks, months, or even years while their cases are pending. The just law of US is whoever commits murder in the first order must be punished by death or by life in prison, whoever commits murder in the second degree shall be sentenced to prison for any period of years or for life. This law implies on everyone either rich or poor.
According to MLK, how can we tell the difference between just and unjust laws? Understanding this questions is the most important part of this module, and I will ask it again during our second exam.
You can tell the difference between just and unjust laws by one has not only a legal but a moral responsibility to obey just laws versus one who has a moral responsibility to disobey unjust laws. One does not use harmony within the moral of law versus one uses a code within the moral law.
In your view, is this an important distinction (between just and unjust laws), do you think it makes a difference in the way someone (as an individual, or our society as a whole) lives their lives? Can it affect our politics?
I do believe there is an important distinction between just and unjust laws and it does make a different in how someone lives their lives. As just and unjust laws are ruled over making that moral responsibility in obeying the laws, these do affect people and societies as it divides people into groups. I do feel as this is also based upon social classes and how upon individuals are raised.
Based on our discussion of Question 1, give an example each, of an unjust and just law, in the US today. Explain what makes it unjust or just (using MLK’s definition of those two types of laws
An example of a unjust law would be cash bails that cannot be afford by an individual, especially for a low crime. An example of just law would be laws passing by the United States government.
King says that any law that uplifts human personality is just, and any law that degrades human personality is unjust. In essence, King is saying that as laws exist to protect our rights as citizens, if they make life harder than easier, the law is failing and is unjust. This is not to say that unjust laws haven’t been used to major effect, for example, Jim crow and the Black Codes. A contemporary example could be the Patriot act. These laws were not failures in a practical sense. But in a constitutional sense, they were failures since they do/did not uphold our equal rights as individuals.
Yes, I think that it makes a huge difference partially due to our perception of the law. I think that we should view and have laws that serve as a guide for a good life, and lead to living virtuously in the Aristotelean context of the word. However, in a society where we don’t feel protected by the law as individuals, the law does nothing to encourage living with virtue. It actually encourages the opposite. When individuals commit acts of crime it’s often because respect for authority cannot be blind and must be mutual, and it’s not. Many are trapped in cycles of poverty and will be treated as scum regardless of their attempts at living virtuously. This is clearly unjust and both sides of the modern political spectrum claim to be the victims of this for their own distinct reasons.
A good example of an unjust law is the patriot act. Because the law was racialized, and rarely used in the context of its invention, the Patriot act failed in many respects. But how would King determine the law to be unjust? If the law protected us from terrorist attacks, it would be harder to explain the law as unjust. However, the patriot act was a bigger weapon in the war on drugs than it was terrorism. Whether you believe drug dealers and users to be scum or not does matter. As citizens, we have rights that stress we are innocent until proven guilty. Taking this away from us is unconstitutional. Since drug dealers are not bombing churches or anything of the sort I’m largely convinced that the Patriot act was extreme overkill in its usage, and rarely (if ever) protected us from something significant. So if it doesn’t stop terrorism, and it’s overkill in any other situation, it’s pretty clear that the patriot act does not encourage the growth of human personality. On the other hand, the law itself (just laws) is necessary. For example, cars are not allowed to drive in the bike lane because that would be dangerous for bikers, and this does uplift human personality by resulting in fewer car/bike-related accidents and deaths.
According to MLK, how can we tell the difference between just and unjust laws?
A just law is a law that squares with the moral law or the law of God. An unjust law is a law that is out of harmony with the moral law.
In your view, is this an important distinction (between just and unjust laws), do you think it makes a difference in the way someone (as an individual, or our society as a whole) lives their lives? Can it affect our politics?
I don’t think it makes a difference how we live our lives as a whole, a society or as individual person because if a law is not put in place to prevent the targeting of a specific group, race or gender of people no matter how law abiding you are, you will eventually be a victim of injustice if there is nothing set in place to protect you.
Based on our discussion of Question 1, give an example each, of an unjust and just law, in the US today. Explain what makes it unjust or just (using MLK’s definition of those two types of laws).
A just law is our constitutional rights that our founding fathers had previously written which is for us the people to have the right to bear arms. Unjust laws are the governments rights to amend our constitutional rights to prohibit and implement changes that would stop us from having the right to bear arms. No law should infringe in our rights to bear arms.
Just laws are something everybody follows as unjust laws aren’t legitimate laws but more something created to dehumanize others.
2. In your view, is this an important distinction (between just and unjust laws), do you think it makes a difference in the way someone (as an individual, or our society as a whole) lives their lives? Can it affect our politics?
Absolutely. In all that is said and explained Just and unjust laws are very much relevant now as they were then. Politics play a huge role in this because as much as we would like to act like everything is seen through certain point of views, politicians still seek to benefit what works for them, then what is the correct thing to do.
3. Based on our discussion of Question 1, give an example each, of an unjust and just law, in the US today. Explain what makes it unjust or just (using MLK’s definition of those two types of laws).
The best example is segregation. Segregation would be considered the unjust law. As the civil rights act would be considered the Just law, since it’s what abolished segregation in all states.