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View Diary: A legal artifact of slavery (96 comments)

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  •  True. The cons are big on the rule of law. (5+ / 0-)

    Using the law as an intermediary to inflict deprivation is likely a singular American contribution to the history of jurisprudence.
    It gives new significance to the common refrain, "there ought to be a law."
    We assume that the law supports justice at our peril. Deprivation under cover of law has been with us from the start and resurrected not so long ago as DADT and DOMA.

    Deprivation of rights is supposed to be reserved as punishment for crime, but that's not always how it works. And then there's the habit of criminalizing basic human behaviors, like what we eat, what we drink, what we excrete and where we go.
    Perhaps it didn't occur to the framer of the Constitution that such basic human functions would be proscribed by the law.  But then, the law was used to describe some humans as less than whole. In the beginning there were 3/5 persons. More recently, a thimble full of fetal tissue was considered for personhood.

    We organize governments to provide benefits and prevent abuse.

    by hannah on Sat Nov 10, 2012 at 01:35:02 PM PST

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