Crimes of Omission

The best question raised by law school thus far: Why does common law permit people callously to permit harm to come to others, even when they could prevent or mitigate it at no significant risk to themselves? I understand the arguments about tough line-drawing problems and all that, but don't courts and juries exist to draw those difficult lines?

I've been omitting to post, but thank goodness that's not a crime. Y'all know I'm usually just, Talking Loud and Saying Nothing anyway. ;-)

Today's Crimlaw promises to be interesting as ever. We'll recognize 9-11-01 by discussing the proposition that America's brand of criminal justice is like terrorism in that both are instrumental violence, and that instrumental violence is almost always immoral. (By "instrumental" I mean the Kantian view that no human should ever be used as a means to an end.) Our professor argues that we categorically condemn the violence of terrorism because it is instrumental (terrorists kill innocents to make a political point, thereby using the innocents as means to an end), yet we actively support the violence of harsh criminal punishments, again, because we see such punishments as instrumental (we think imprisoning criminals or killing them makes us safer, therefore we're using those people as means to an end). This double-standard dilutes America's moral standing in its fight against terrorism; therefore, reform of the criminal justice system may, in the long run, reduce terrorism. (Ok, the prof doesn't go that far, but it's a logical extension of his argument.)

The argument doesn't get to the main point I'd like to discuss, namely that our "war on terrorism" is itself counterproductive, regardless of how our criminal justice system works. Still, it's something to sink your teeth into. Now I better get going to do just that.

Posted 07:22 AM | Comments (1) | law school

P.S.

Trudeau strikes again. Flash mobs for dean. (Dean's also going to be in MD and DC tonight, so if you're interested in seeing him, check the blog, Maryland for Dean, or Dean for America.

Posted 06:13 AM | Comments (1) | election 2004

Backson Bisy Backson

Monday already? Where did the weekend go? According to The Tao of Pooh, Chinese philosopher Chuang-tse told this little parable about being busy:

There was a man who disliked seeing his footprints and his shadow. He decided to escape from them, and began to run. But as he ran along, more footprints appeared, while his shadow easily kept up with him. Thinking he was going too slowly, he ran faster and faster without stopping, until he finally collapsed from exhaustion and died.

If he had stood still, there would have been no footprints. If he had rested in the shade, his shadow would have disappeared (92-3).

Isn't that a great story? It's the best explanation I can offer for ai's silence of late. Catching up from the sleep deprivation of Vegas took several days, and then there's that thing known as homework that seems to take some time. So far I'm getting by on doing the bare minimum, but I haven't really been called on in any class yet, so I'm sure my slacking is going to tell on me soon.

This past weekend I thought I'd do all my catching up, but instead L. and I spent much of the two days scouting for a new place to live. She said all along that we should plan to live closer to GW so I could come and go from classes easily, walk the dog, go back to school for evening meetings or study sessions, etc. I disagreed, saying we should live further away to save money. She was right, I was wrong. The daily commute and trying to keep the dog adequately exercised is killing us, and already I've missed a number of extracurricular events that might have been fun, interesting, and certainly worth attending. Now it looks like we'll be moving downtown—perhaps as early as next week. What homework?

One tidbit from school: Some of the most annoying comments in class are those that attempt to tell the professor and the class what the decision in a case should have been, or what the rule should be, or how the law should or does work. Come on, people! Stop and think for a second how ridiculous these pronouncements sound! I've heard this advice before, but now I can say from experience that it's excellent advice: Talk in class only when you have something really good to say, and if you must speak, make it a question, not a pronouncement.

Bisy. Backson.

Posted 06:01 AM | Comments (1) | law school life generally