If the Official Version of Law (OVL) Advocate, Feminist legal theorist, Racialization and law theorist, and Postmodern theorist were to sit down, their conversation would look something along the lines of this…
Official Version of Law (OVL) Advocate:
Have you been to the court recently? They have installed an excellent new statue of Lady Justice. Very impressive – and a perfect symbol for the legal system. The legal system is, after all, an impartial, neutral and objective system for resolving social conflict.
It is autonomous, separate from political and social influences – and therefore free from external values and corruption. Legal decisions are based on facts and rules, not individual or group values external to the law.
Lady Justice symbolizes the Rule of Law, which is a central feature of the legal system.
Ultimately, the legal system is just. It is committed to equality – so committed, in fact, that it deals with people as abstract legal subjects. This ensures that everyone is treated the same.
I’m sure that you will agree …
Feminist legal theorist:
It’s ironic how you say the law is fair and equal, so you construct a statue of the lady of law when in reality the men call the shots. The main administrators in the justice system (the judges) are Caucasian men. There is a political and social influence when it comes to the law. Those old white men are caught up in how they think the law should be from ages ago, they do not consider that the times have changed. How is that fairness and equality. Lady Justice to me is a false representation, because she is holding a scale which is showing perfect equality, which is no need in practice in the justice system. To me, the law is used in favor of men to dominate and to oppress the women’s interests and rights.
Your attempt at explaining what Official Version of Law is, may convince the general population that the official version of the law stands on such grounds of freedom of external corruption, unbiased judgement, and equality, you will not convince me. You claim to preach such equality within, when myself and others are aware of the inequality and unlawful judgement of many under your naive practices of the law. Victims of these practices include people of other sexual orientations, non-Caucasians, and women. I try to take part in genuine equality, you give off the impression of an equality that does not exist. We need genuine equality, which will incorporate not only gender issues but with race and sexual orientation.
Racialization and law theorist:
Feminists try to speak of a humanitarian utopia. The official version of the law attempts to create equality and rightfully fails. Racialization exists for a reason, not everyone deserves to be or is equal. If we treated everyone as equal, the lesser humans (colored people, women, and immigrants) would demand things like adequate social welfare and proper medical coverage which would only further damage the economy.
It is often said that social interaction is infused with a privileged / non-privileged dynamic which is defined by racial identity and is a very complex issue. Racialization hurts the privileged because they have to give up their hard earned money to those who do not deserve.
Without a social hierarchy you will have failed laws and a failed economy, you will not convince me otherwise.
I completely disagree with both the official version of the law and with racialization in the law. In order for laws to work successfully within a system they need to be practiced equally. I am aware of the social issues within laws surrounding race, class, gender, and sexuality. Without addressing these concerns and accepting diversity and multiplicity for what they are, laws are meaningless. Laws are established within a society to protect everyone, not just those of the correct skin color, social class, sexuality, and gender.
I have a contradiction with racialization and law theorist in terms of privileged and non privileged people. If we speak of fairness and equality, why is there a separation between the two? Clearly the rule of law insists that the “us” likes to dominate the “them.” The justice systems segregate everything; it is inevitable that if a middle class “colored” male was to go to court he will be treated differently than the Caucasian male. We all know of the Trayvon Martin case, who was shot by George Zimmerman. Zimmerman assumed because he was an African American wearing a hood, he was up to no good. There was altercation which led to the death of Martin. Surprisingly, Zimmerman walked! How is that possible, that in the justice system a man walks when clearly it can be said he committed the murder? In comparison if an African American had pursued the same result he would be given a guilty verdict.
Now you tell me, is that fair? Is Lady Justice really representing what you say she is, or is she in representation for the privileged. We need to have an unbiased perspective and be aware of that diversity exists. On paper the Official Version of Law is golden but in reality it is a cover up for the untold.
In order for laws to work, both males and females should have a say in the practice of law. If you only get one side, which is usually males, it will not show a fair representation. By including all ethnicity’s and genders it ensures that laws are created just and fairly. Times have changed and it is not just the white males who have a say in what happens in society. There are a variety of norms within society and those need to be considered. There are many different cultures around us as well. We have to look at all factors to ensure that there is equality for everyone. There are many diverse values and norms, which must be considered in order to have a well functioning society. If we paint everyone with the same brush it does not ensure that the law is being carried out effectively and efficiently.