NCJ Number
35333
Journal
Boston University Law Review Volume: 56 Issue: 2 Dated: (MARCH 1976) Pages: 266-322
Date Published
1976
Length
57 pages
Annotation
THIS ARTICLE EXPLORES, IN THE CONTEXT OF DEVIANCE CONTROL, ONE METHOD BY WHICH LAW AND THOSE RESPONSIBLE FOR ITS FUNCTIONING SATISFY SIMULTANEOUSLY DEMANDS FOR STABILITY AND CHANGE.
Abstract
IT IS SAID THAT THE SOCIAL TRAUMA OF IDEOLOGICAL CONFLICT MAY BE MINIMIZED, OR EVEN AVOIDED COMPLETELY, BY DIRECTING CONTROVERSIES AND THEIR RESOLUTION TO THE LEVELS OF PROCEDURE, CEREMONY AND RHETORIC. AS IN MIRANDA, ADVOCATES OF CHANGE MAY BE GIVEN A SENSE OF VICTORY WHILE GOVERNMENTAL FUNCTIONARIES ARE ALLOWED TO CONTINUE THEIR OFFICIALLY DISAPPROVED CONDUCT AS IN THE EXCLUSIONARY RULE OR IN CIVIL COMMITMENT. SUPPORTERS OF THE PRESENT IDEOLOGY MAY HAVE THEIR POSITION OFFICIALLY APPROVED WHILE NEW PROCEDURES OR CHANGES IN THE SCOPE OF REMEDIES MAKE THAT POSITION INCREASINGLY INCONSEQUENTIAL. LEGAL INSTITUTIONS PROVIDE THE METHODS BOTH FOR SYMBOLICALLY ENCOURAGING CHANGE WHILE PRESERVING CONTINUITY AND FOR SYMBOLICALLY ASSURING STABILITY WHILE FOSTERING CHANGE. (AUTHOR ABSTRACT)