Day 10 Thursday May 1 2014 The Violence of Law Part 2 Arrest and the Logic of Modern Bureaucracy How do the routine actions of the Criminal Justice System re ect the logic of modern bureaucracy What is the meaning of an arrest beyond its obvious legal signi cance 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 t 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 nd 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 nd 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 1 Thursday May 1 2014 Agentic Role you are functioning as an agent of someone else s Role 1 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 don t think that you can always be on auto pilot understand you are always in a tension between agentic and autonomous roles Slide 2 Franz Kafka 1883 1924 Writer famous for his terrifying bizarre and inscrutable novels and short stories One of the most in uential 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 agents of the state police work is the clash between intimacy and intrusion as are many other 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 2 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 Thursday May 1 2014 3