Law and Society

Question One

(a).

The book Never Let Me Go explores what it means to be human. In his story, the author actualizes human potential for his autonomous action. The novel’s characters depict human suffering, as two different groups of people; the clones whose purpose is donating their vital organs and the regular people who receive the donated organs (Ishiguro, and Landor 73). The book illustrates the agony that humans undergo in their existence, and moral ramifications to fight death, which is inevitable.

In The Outsiders, Hinton focuses on the relationship between emotion, power, and socialization of human beings. Looking at the history of emotion studies, the author illustrates emotional expression in negotiation. The novel revolves around a deadly conflict between two youth gangs, the greasers and the Socs (Hinton 6). Hinton presents a model of teenagers to follow in order to create representation and justice for themselves practically. Justice is regained when the two types of youths conclude that it is not about the money but the emotional human feelings of violence.

In The Plague, Camus analyzes the theme of resilience in humans during hardships. Humans overcome suffering in times of war, earthquakes, floods, and storms. They are depicted as those who can overcome crises, cope with pain and discomfort of life, and ultimately face death (Camus et al. n.p). An individual’s self-interest and social responsibility are highlighted in times of catastrophe, as witnessed during the Covid-19 pandemic. Humanitarian groups and organizations risked their lives to save the lives of others. The theme of resilience has become part of human lives in coping with adverse effects in society.

Butler highlights some of the environmental problems affecting the world, such as industrialization. In the parable of the sower, environmental degradation of the natural environment and the worsening ecology attempts to alert people about what will happen if we do not protect the world (Butler 135). He analyzes the neglected environment, resulting from climate change. According to Butler, all humans’ fears have eventually come true, and most Americans do not feel secure in their homes (98). The constant change of the environment forces humans to adapt and change, but it is evident in the sower’s parable that the people are exhausted by adapting to the changes.

b) The place of Supreme Court in US History

Before the end of the twentieth century, there were conflicts concerning the place of the Supreme Court in American liberalism. The appointment of Roosevelt’s enabled sharing his vision with the nation as a New Deal’s Descendance. During his gradual transformation, Chief Justice Earl Warren was the head of the Security Council (Horwitz 24). After his transformation, there was a significant uphold of civil rights and liberties that the state had ever experienced. After 1960, the rights revolution became synonymous, and a more liberal government led the growing public dissatisfaction, which Reagans used to gain triumph. The conservative had hoped to overcome Warren’s court’s legacy, but it proved to be more difficult. There was a turning point after Warren’s appointment of New Deal’s liberty and the court itself.

(c) The role of legal insiders and outsiders

            Both insiders and outsiders influence the justice system and inform the public both directly and indirectly, as illustrated in the struggles over the meaning of social justice and challenges to the moral foundations of individualism. For instance, the Freedom Riders are widely acclaimed as significant participants of the Civil Rights after the courts dismissed or ruled against them several times (Arsenault 374). In the same way, people within the justice system have helped establish moral foundations. Anthony Kennedy played an instrumental role as an insider to ensure same-sex marriages in the United States (Liptak 2). Thus, both insiders and outsiders are catalysts to the sensitization and development of opinions regarding social justice and moral foundations.

(d) Analogies from the Freedom Riders

            The major-take away from the Freedom Riders is fighting against social injustices. Between the 19^th and 20^th centuries, life was challenging for minority races in the United States, since most of them were slaves. Even after abolishing the slave trade in 1865 by the U.S., minority races were discriminated against and segregated, with limited human rights. Citing such injustices, the Freedom Riders would push through activism for the establishment of Civil rights to end social injustice. Unfortunately, the situation is comparable with the present, as minority races suffer discrimination, especially racism. For instance, the killing of George Floyd on May 25^th is a recent reference for racial injustice and anti-blackness immorality in many western nations (Ross 7). This led to a massive protest and activism throughout the United States, Australia, Canada, and other nations. Thus, social injustices are prevalent today as were in the 19^th century.

Question Two

(a) Importance of the First Amendment for Democratic self-governance

Geoffrey stone examines free speech as one that has stirred up democracy, society, and political division in an expected way. Free speech has contributed to political polarization. Communication has led to foreign influence in our democracy; free speech also contributes to the rapid spread of fake news since it has also led to the leakage of sensitive information who may not understand the consequences (Stone n.p). Free speech has made society members be drawn into the world as people live according to the day’s polities.

(b) Contrast system of free speech governance and the public right to know vs. secrecy and differing conceptions of the law in struggles for peace and Justice.

The Pentagon Papers marks the Supreme Court decision after the amendment of the right to a free press. The secretary of Defense Robert Nckamara carried out a government study procedure (Gelb, Leslie, et al. n.p). After that, Daniel Ellsberg, who worked as an employee on Rand Corporation and had worked on the project, produced copies of the documents and gave them to reporters of the New York Times (Robertson 2). Later that same year of 1971, having reviewed the papers, began publishing the stories of the Pentagon Times. The Nixon Administration cited national security concerns over the papers’ publishment and barred further publication of the papers. The government failed to carry its burden and bring up prior resistance then New York times who have been sopped from publishing the story. Times made a court appeal to the Supreme Court and was allowed to continue publishing. This left ambiguity on when government censorship may be permitted based on the first amendment.

Official Secrets is a film about a whistleblower and depicts Katherine’s story on the consequences she faced for speaking on the National Security Council’s spying to be preserved to support the US-led Iraq invasion. If the law protected the whistleblowers, then there would be no dramatic courtroom scene because Katherine’s case would not have been a court case. Katherine’s name would not be famous if she could have relied on a public interest defense thus could not have been found guilty if she could show that it was for the public’s interest disclosing the outweighed the public interest in secrecy of the memo. However, the UK secrecy unauthorizes disclosure of information or document is considered an offence.

(c) Role of the Press in America’s the Constitutional Republic

The Pentagon Papers and other documents demonstrated Johnson Administration had lied to the public and the Congress on a subject of National Interest. The press turned a phase of public onion against the war and displayed that the government would lie openly and set the downfall of Nixon and Watergate as part of government reforms. The Pentagon papers present a secret history of the Vietnam war and shed light on the idea of a credibility gap on what the government officials were telling about the war and how the war was happening (Gelb, Leslie, et al. n.p).

(d) Lessons from the transcendental concept of public right

            The ideal way to bring morality and politics together is through the transcendental concept of public rights (Bohman and Lutz-Bachmann 220). Nevertheless, some critical lessons include that the government information is mostly protected, and its dissemination depends on the partisanship of political interests. Not all truth is told to the public (citizens); it is denied or withheld. Also, the media plays a critical role in influencing public opinions and attitudes through the realm of public disclosure.

(e) The relevance of movements for peace and social and racial justice historically, and in the world today

            The relevance of historical activism and protests to today’s situation gives the why needed to continue pursuing social justice. They also provide a frame of reference for the mistakes that could cost the pursuit of social justice. For instance, The Revolutionary Pacifism of A. J. Mustes reveals American hypocrisy to Japan’s aggressiveness, and as such, hypocrisy perverse in the current social justice movements (Haqiqatjou 3). Nevertheless, the book The Rights of Others illustrate how politicians can influence the achievement of social justice, as currently seen in the constitutional amendments and policymaking.

(f) The Role of Radical Enlightenment in the quest for Perpetual Peace

Enlightenment was a philosophical movement that extensively rose in Europe with the idea that the source of authority, legitimacy is the reason. Jonathan advocated for progress, tolerance, constitutional government, and separation of church and state affairs (Domínguez 274). Different scholars argue that race, gender, and class not that enlightenment ideals were not focused initially on as universal on today’s sense of the world. The philosophic movement thought of a society based on faith and catholic doctrine with civil order based on natural and science-based observation and experiments. There were two forms of enlightenment; radical enlightenment that advocated for a democratic society, freedom of free speech, and eradication of religious authority, on the other hand, moderate accommodating between reforms and traditional systems of faith and power (Kant, and Humphrey 27). The political enlightenment modernization on democratic values and institutions and the creation of modern and liberal democracies. Philosophers fought pf curtailing political power based on religion and prevent religious war and promote peace.

Works Cited

Arsenault, Raymond. Freedom Riders. Oxford University Press, 2006.

Bohman, James, and Matthias Lutz-Bachmann. Perpetual Peace. MIT Press, 1997.

Butler, Octavia E. Parable Of The Sower. 2nd ed., Open Road Media Sci-Fi & Fantasy, 2012.

Camus, Albert et al. The Plague. Everyman’s Library, 2004.

Domínguez, Juan Pablo. “Introduction: Religious Toleration In The Age Of Enlightenment”. History Of European Ideas, vol 43, no. 4, 2016, pp. 273-287. Informa UK Limited, doi:10.1080/01916599.2016.1203590. Accessed 2 Oct 2020.

Gelb, Leslie, et al. “Report of the Office of the Secretary of Defense Vietnam Task Force,” National Archives, 1969, PDF.

Haqiqatjou, Daniel. “The Hypocrisy Of “Social Justice” | The Muslim Skeptic”. The Muslim Skeptic, 2017, https://muslimskeptic.com/2017/06/09/1210/.

Hinton, S. E. An S.E. Hinton Collection. Viking, 1967.

Horwitz, Morton J. The Warren Court And The Pursuit Of Justice. Hill And Wang, 1999.

Ishiguro, Kazuo, and Rosalyn Landor. Never Let Me Go. Random House Audio, 2005.

Kant, Immanuel, and Ted Humphrey. To Perpetual Peace. Hackett, 2003.

Liptak, Adam. “Supreme Court Ruling Makes Same-Sex Marriage A Right Nationwide”. Nytimes.Com, 2015, https://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html.

Robertson, Stephen. “New York Times Co. V. United States”. Mtsu.Edu, 2020, https://www.mtsu.edu/first-amendment/article/505/new-york-times-co-v-united-states.

Ross, kihana miraya. “Opinion | Call It What It Is: Anti-Blackness”. Nytimes.Com, 2020, https://www.nytimes.com/2020/06/04/opinion/george-floyd-anti-blackness.html.

Stone, Geoffrey R. Perilous Times. W.W. Norton & Co., 2005.