NCJ Number
57289
Journal
University of Toledo Law Review Volume: 1970 Issue: 2+3 Dated: (SPRING-SUMMER, 1970) Pages: 589-606
Date Published
1970
Length
18 pages
Annotation
BLACKS HAVE BEEN DENIED ACCESS TO THE PROCESS OF FORMULATING SOCIETY'S LEGAL PRINCIPLES, ACCORDING TO THIS ARTICLE. BLACK LAW STUDENTS IN WHITE LAW SCHOOLS CAN WORK TO CREATE A HUMANE LEGAL SYSTEM.
Abstract
THE BLACK EXPERIENCE IN AMERICA CAN BE INTERPRETED AS A STATE OF COLONIAL DEPENDENCY. THIS SITUATION IS NOT ACCIDENTIAL, BUT IS THE INTENDED RESULT OF THE 'WHITE RACIST' BIAS WHICH PERVADES DOMINANT AMERICAN SOCIAL INSTITUTIONS. THE ONLY SOLUTION TO THIS PROBLEM LIES IN THE RADICAL TRANSFORMATION OF THE VALUES OF AMERICAN SOCIETY. AMERICAN COLONIALISM MUST BE DEFINED IN TERMS OF THE OPERATION OF CERTAIN KEY INSTITUTIONS, ESPECIALLY THE INSTITUTIONS WHICH TOGETHER COMPRISE THE LEGAL SYSTEM; THE BAR, JUDICIARY, AND POLICE. THE LEGAL SYSTEM HAS EITHER TREATED BLACKS AS A SEPARATE GROUP SUBJECT TO ITS OWN LAWS SUCH AS SLAVE CODES OR JIM CROW LEGISLATION OR IT HAS CONSIDERED BLACKS AS A GROUP NOT FULLY ENTITLED TO THE PROTECTION OF LAWS APPLICABLE TO THE REST OF SOCIETY. ALTHOUGH THE U.S. SUPREME COURT HAS UNDONE MUCH OF THE DAMAGE WROUGHT BY ITS PREDECESSORS, AND MOST OF THE FORMAL DISCRIMINATIONS AGAINST BLACKS HAVE BEEN REPEALED, THE SITUATION OF THE BLACK COMMUNITY IN TERMS OF ITS STRUCTURAL RELATIONS WITH SOCIETAL INSTITUTIONS, HAS NOT CHANGED AT ALL. FOR BLACKS, THE LAW, ESPECIALLY POLICE, HAS IMPOSED VIOLENCE AND REPRESSION. RESOLUTION OF THE PROBLEM OF 'POLICE LAWLESSNESS' WITHIN THE GHETTO CANNOT BE POSTPONED MUCH LONGER. THROUGHOUT AMERICAN SOCIETY, HOWEVER, THE SENSE OF LAW AS AN INSTITUTION FOR THE REPARATION OF WRONGS AND CORRECTION OF INJUSTICES HAS DECLINED. WHAT IS NEEDED IS A REEXAMINATION OF THE LEGAL SYSTEM WHICH WILL CREATE A JUST AND HUMANE SOCIETY. BLACK LAW STUDENTS IN WHITE SCHOOLS CAN PLAY A MAJOR ROLE IN THIS EFFORT. REFERENCES ARE PROVIDED. (KCP)