Thursday, May 1, 2014Day #10!The Violence of Law, Part 2: Arrest and the Logic of Modern Bureaucracy -How do the routine actions of the Criminal Justice System reflect the logic of modern bureaucracy?!-What is the meaning of an arrest beyond its obvious legal significance?!Franz Kafka, "Arrest" Chapter 1 in the Trial!!!!!!Slide #1!-Two essays questions. Open book, open notes. NO computers, smart phones, or electronic devices allowed !Topics: (all four will be on the exam) !! -Legal naturalism vs. Legal Positivism: think about the relationship in its practical context. More than an intellectually curiosity there are many fundamental things on the ground level be able to discuss these !! Readings: DeShaney, Wender, Raughbrock, Hartog, Vaber, Hobbes !! -Law and Language: the focal point is James boyd white, !! ! -could use a case law where the language is particularly consequential !! -Law and violence: Culver, Vaber, could be more!! -Law and social custom: hartog, deshaney etc. !(milgram a good fit for some of these questions) !-Your answers must integrate relevant course readings!-Paraphrase: avoid long unnecessary quotes (don't rehash the basics of the readings--assume TAs know what you're talking about--tell me what you're doing to make sense of the readings) !-Answer the questions; don't just rehash lecture material.!-Outside sources are highly encouraged but NOT required. (find at least one or two in each of your answer--it can not hurt it can only help) !-Please bring copies and or cover pages of outside sources (course materials, only need the authors last name and page number. for outside sources: bring a typed bibliography, or a way to find the source that is used.) !-capital punishment can only be imposed by a jury (you also need uniminity in both the trial and sentencing phases) Capital punishment has two different parts, they have to 1. convict you & 2. sentence you (the same jury does both) !-Judge Stern asked what due process the plane hi-jackers had been given (no due process) so he let him go and gave him credit for time served!! -he uses this as an example of a critical function that each person that is an agent of the state (when you are exercising role you are walking a tight rope) should have, you need to occupy two roles simultaneously: !1Thursday, May 1, 2014!Role #1: Agentic Role: you are functioning as an agent of someone else's authority, you are carrying out someone else's mandate. (ex. I'm sorry I feel for you but I'm not allowed to do that because the rules say no. ex2: when you've done something you have no choice to do; laying off people in a factory--carrying out orders) !!Role #2: Autonomous Role: self law, self rule, self regulation. !(these two are never going to perfectly align--how do you fairly apply power. !! -understand you are always in a tension between agentic and autonomous roles, don't think that you can always be on auto pilot) !!!!!!Slide #2!•Franz Kafka, 1883-1924. Writer famous for his terrifying, bizarre and inscrutable novels and short stories. One of the most influential authors of the 20th century! •Kafka's themes: the search for identity and meaning in the face of personal and social crisis, alienation of modern life, unfathomable, unstoppable logic of bureaucracy, breakdowns of communication, etc.!•Kafkaesque: "Marked by senseless, disorienting, often menacing complexity. Typically said of bureaucracies" (Random House unabridged Dictionary) !! -people are hell bent on telling you what you don't want to hear !! -a lot of themes are those that John is interested in !! -writing in a time of enormous upheaval of the world; run up to WW1, after WW1, in a time with lots of self doubt people were struggling with who they were, rise of psychoanalysis !! -how people make meaning out of life that is senseless and confusing !•"The Trial" offers a powerful illustration of the dynamics of law and violence, beginning with moment of arrest!! -illustrates the power of violence and extraction in the realm of the law!! -the body guards were on bureaucratic autopilot !!!!!!Slide #3 !•Why arrest are so intrinsically dangerous. Shock, horror, surprise, total disruption!•Back to week #1: what different narratives reveal or conceal !•Arrest is never just a "matter of fact"!•The clash of intimacy and intrusion (Wender's model) !! -police work is the clash between intimacy and intrusion (as are many other agents of the state) !! -intimacy and trust go hand in hand !•Remember Cover's "economy of pain." The application of power is always symmetrical, or else it couldn't function effectively !! -legal transactions take place in an economy of pain (a judge deals pain, but doesn't get any back--when you are in this kind of asemtrary you become ammune to it) !! -Culver is saying don't tune out the screams!! -the most the person is hurting the less sense you have of what they feel !2Thursday, May 1, 2014•The moral challenge of law is evident in the need to "balance asymmetry."!•The title: "The Trial" = "Der ProzeB" ("The Princess") hints at K.'s endless, convoluted experience