Law in Contemporary Society

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RealityVsUnreality 17 - 20 Feb 2009 - Main.LaurenRosenberg
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When Prof. Moglen was discussing the wide chasm separating between what we know about the penal system and what really transpires behind prison doors, it occurred to me that this divergence between reality and unreality certainly isn't unqiue to the criminal "justice" system, and that the failure to bridge that gap often leads to a distorted understanding of human behavior in other contexts as well. In the case of the penal system, we witness some alarming absurdities: the father who thinks jail time will "shape up" his son, the politician who pads his resume with convictions, the prosecutor whose political ties pervert her duties as a public servant, and a community which thinks itself safer despite rising rates of incarceration and crime. These symptoms are no doubt worrisome, but I believe the same social forces operate in other cases as well.
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-- JamilaMcCoy - 19 Feb 2009

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Aaron, I apologize for my response if you were not intending to comment on the "freeriding" problem as associated with the mental illnesses point that I mentioned. Apparently there was some confusion regarding the separation between Jamila's comment and my own; my only comment on this thread was regarding the prevalence of psychiatric disorders in homeless individuals.

-- LaurenRosenberg - 20 Feb 2009

 
 
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RealityVsUnreality 16 - 19 Feb 2009 - Main.JamilaMcCoy
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When Prof. Moglen was discussing the wide chasm separating between what we know about the penal system and what really transpires behind prison doors, it occurred to me that this divergence between reality and unreality certainly isn't unqiue to the criminal "justice" system, and that the failure to bridge that gap often leads to a distorted understanding of human behavior in other contexts as well. In the case of the penal system, we witness some alarming absurdities: the father who thinks jail time will "shape up" his son, the politician who pads his resume with convictions, the prosecutor whose political ties pervert her duties as a public servant, and a community which thinks itself safer despite rising rates of incarceration and crime. These symptoms are no doubt worrisome, but I believe the same social forces operate in other cases as well.
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 I'm not sure what in my post you were responding to, but I certainly wasn't saying in my post what you seem to think I was. You brought up the mental disability issue later on, and I agree with you about the need to treat people. Other than that, I'm at a loss for where you got certain things. I apologize if there was confusion.

-- AaronShepard - 19 Feb 2009

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Aaron, this is Jamila, you were replying to my post. I guess my name wound up somewhere else on the page. On my resource allocation point, again, what I’m trying to say is that our current individualistic paradigm doesn’t allow us to see the positive externalities that free and decent housing could have. We subsidize vaccinations, and schools and I think that we can all agree that that leads to better outcomes for everyone. Maybe everyone doesn’t pay, but would you rather face the threat of disease or subsidize someone’s measles vaccination? We didn’t do this in the past, but over time we can came to see that it made us all better off.

A friend pointed out to me that in practice free riding isn’t a huge problem in our public housing. Unfortunately, much of it is in such a sorry state that many non-poor people aren’t looking to cheat their way into public housing, or get section 8 vouchers that they can barely use. Historically, residential segregation has made it so that many people can elect not to experience the effects of poverty in America, but I don’t think that will be the case forever. As Uchechi points out, the problem is more complex than just the visible homeless. With the current economic situation it’s growing as working people increasingly lose their homes. As poverty hits more closely to home, I think people might be more willing to change their points of view. Experience does a good job of incentivizing, my family lives in North East DC and I can speak from my own, I grew up on the East Side of Detroit, unfortunately the poverty has long since been a reality in both of those places is spreading.

Looking back to the Arnold, when people’s needs are not met, they are more open to change (maybe more drastic than Obama’s version). We’re watching our capitalist system fail and Arnold’s idea gives us a way to defeat the free rider problem. Social norms motivate people to do things differently, including choosing to allocate society’s resources toward public housing. If we create an ideology that tells people “I am because we are,” or that there’s more to be gained collectively from working together to elevate people from barely subsisting all than there is about worrying about who might not be paying, maybe it would work. As Prof. Moglen said in his comment, things like civil liberties often wind up being a concern for those living above a subsistence level. Wouldn’t it be better if we had more voices contributing to those debates? Putting the ideology into practice with a good government would be difficult, but perhaps with a collective mindset as a baseline, rather than an individualistic one, it’d be possible. The social norms of this ideology would incentivize people to contribute to the public good, since others’ perceptions can be a powerful motivator.

We might not feel the effects now, but the situation is worsening. The problem of persistent poverty will come back to bite us all in the form of social unrest sooner or later, if not in this downturn, then maybe in a subsequent one, and not just in the inner city. Just like over-securitization, it’s not sustainable.

-- JamilaMcCoy - 19 Feb 2009

 
 
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RealityVsUnreality 15 - 19 Feb 2009 - Main.PetefromOz
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When Prof. Moglen was discussing the wide chasm separating between what we know about the penal system and what really transpires behind prison doors, it occurred to me that this divergence between reality and unreality certainly isn't unqiue to the criminal "justice" system, and that the failure to bridge that gap often leads to a distorted understanding of human behavior in other contexts as well. In the case of the penal system, we witness some alarming absurdities: the father who thinks jail time will "shape up" his son, the politician who pads his resume with convictions, the prosecutor whose political ties pervert her duties as a public servant, and a community which thinks itself safer despite rising rates of incarceration and crime. These symptoms are no doubt worrisome, but I believe the same social forces operate in other cases as well.
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 2. As someone pointed out, we do have choices; there are people who rise 'above' their environments. Clearly the point made here is that you may have a much tougher start if you start with an abusive family life, and that is something that certainly is not as widely acknowledge as it should be.
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I have to say those this is an interesting thread. My friend teaches in the Bronx (as I mentioned in another thread), and her kids truly have awful stories to tell about their home lives. Clearly they have some sort of choice about where they end up, but really, how much?
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I have to say that this is an interesting thread. My friend teaches in the Bronx (as I mentioned in another thread), and her kids truly have awful stories to tell about their home lives. Clearly they have some sort of choice about where they end up, but really, how much?
 -- AaronShepard - 19 Feb 2009
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 -- LaurenRosenberg - 19 Feb 2009
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What everyone has written so far is interesting, but if we are talking about reality, I can't help but think that what is missing from this discussion is a further acknowledgment of the homeless families we don't see on campuses, streets and under bridges in the community. Those of the sheer bad luck sort are more prominent than many realize or care to discuss. It seems that one of the problems of drawing a line between the reality of the problem and the misconceptions we have about groups of people stems from the very fact that the average person draws conclusions based on what is seen: we see the beggar sitting with the sign and change cup, we see the individuals curled up on grates in the hope of staying warm. What we don't see is the family who faces hard times, loses the apartment and ends up bouncing from shelter to shelter while trying to get life back to the way it used to be. Many of you expressed unease and dissociation with the homeless community. There's no question the cycle of poverty is continuous and makes it difficult to pinpoint a root, but I wonder if the reality we seek and the cognitive framework in which we approach this discussion change once we realize that the the one in search of shelter could be you or me someday.
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What everyone has written so far is interesting, but if we are talking about reality, I can't help but think that what is missing from this discussion is a further acknowledgment of the homeless families we don't see on campuses, streets and under bridges in the community. Those of the sheer bad luck sort are more prominent than many realize or care to discuss. It seems that one of the problems of drawing a line between the reality of the problem and the misconceptions we have about groups of people stems from the very fact that the average person draws conclusions based on what is seen: we see the beggar sitting with the sign and change cup, we see the individuals curled up on grates in the hope of staying warm. What we don't see is the family who faces hard times, loses the apartment and ends up bouncing from shelter to shelter while trying to get life back to the way it used to be. Many of you expressed unease and dissociation with the homeless community. There's no question the cycle of poverty is continuous and makes it difficult to pinpoint a root, but I wonder if the reality we seek and the cognitive framework in which we approach this discussion change once we realize that the one in search of shelter could be you or me someday.
 -- UchechiAmadi - 19 Feb 2009

RealityVsUnreality 14 - 19 Feb 2009 - Main.AaronShepard
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When Prof. Moglen was discussing the wide chasm separating between what we know about the penal system and what really transpires behind prison doors, it occurred to me that this divergence between reality and unreality certainly isn't unqiue to the criminal "justice" system, and that the failure to bridge that gap often leads to a distorted understanding of human behavior in other contexts as well. In the case of the penal system, we witness some alarming absurdities: the father who thinks jail time will "shape up" his son, the politician who pads his resume with convictions, the prosecutor whose political ties pervert her duties as a public servant, and a community which thinks itself safer despite rising rates of incarceration and crime. These symptoms are no doubt worrisome, but I believe the same social forces operate in other cases as well.
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-- LaurenRosenberg - 19 Feb 2009

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I'm not sure what in my post you were responding to, but I certainly wasn't saying in my post what you seem to think I was. You brought up the mental disability issue later on, and I agree with you about the need to treat people. Other than that, I'm at a loss for where you got certain things. I apologize if there was confusion.

-- AaronShepard - 19 Feb 2009

 
 
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RealityVsUnreality 13 - 19 Feb 2009 - Main.LaurenRosenberg
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When Prof. Moglen was discussing the wide chasm separating between what we know about the penal system and what really transpires behind prison doors, it occurred to me that this divergence between reality and unreality certainly isn't unqiue to the criminal "justice" system, and that the failure to bridge that gap often leads to a distorted understanding of human behavior in other contexts as well. In the case of the penal system, we witness some alarming absurdities: the father who thinks jail time will "shape up" his son, the politician who pads his resume with convictions, the prosecutor whose political ties pervert her duties as a public servant, and a community which thinks itself safer despite rising rates of incarceration and crime. These symptoms are no doubt worrisome, but I believe the same social forces operate in other cases as well.
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 Uchechi - I lived in D.C. for a while, and there was a great program called Street Sense, where homeless citizens would sell newspapers written and edited by other homeless citizens. While I wish there were more things like this, to help give people a leg up, I still believe that the problems mentioned by others in this thread would be significant. Of course, I like everyone else in this thread, am just speculating.

-- AaronShepard - 19 Feb 2009

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Aaron, I think you may be misunderstanding my point. You say, “If you give people something for free, they have no incentive to work for it.” Putting aside my personal opinions regarding whether we should give people certain basic necessities even if they will never be productive members of society, your statement regarding freeriding depends upon individuals having the capacity “to work for it.” My opinion is that individuals with severe psychiatric illnesses are often incapable of acting as productive members of society without medical treatment. If we provide these individuals with psychiatric therapy, we can help them from suffering from debilitating psychotic disorders (and treat them as human beings) and we can also attempt to treat the source of their homelessness, which may allow these individuals the capacity “to work for it.”

Maybe you believe instead that the “freeriding” problem will occur because normal, productive members of society may quit their jobs and lose their incentive to work due to the provision of psychiatric care to homeless individuals. If that is your opinion, then I think you greatly overestimate the appeal of psychiatric care. I highly doubt that individuals would prefer to live on the streets because they will be provided with a psychiatric analysis.

-- LaurenRosenberg - 19 Feb 2009

 
 
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Revision 17r17 - 20 Feb 2009 - 03:09:08 - LaurenRosenberg
Revision 16r16 - 19 Feb 2009 - 23:22:02 - JamilaMcCoy
Revision 15r15 - 19 Feb 2009 - 22:09:27 - PetefromOz
Revision 14r14 - 19 Feb 2009 - 21:02:40 - AaronShepard
Revision 13r13 - 19 Feb 2009 - 20:04:35 - LaurenRosenberg
Revision 12r12 - 19 Feb 2009 - 16:47:52 - AaronShepard
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