Struggle For Democracy Flashcards
What is the purpose of law in a democracy?
- Preserve order & stability on behalf of state (POGG)
- Protect citizens from the government (CCRF)
- Avoid chaos and anarchy
Are certain “freedoms” tolerated in Holland beyond the point of being morally acceptable? Give example and state why/why not.
- Harm Reduction Model – legalize to reduce harm (euthanasia, heroin, prostitution)
- Accepted as long as no agreement on national level
What was Socrates guilty of doing and why did he willingly accept his punishment? Why is the trial of socrates significant? Why, according to Plato and Socrates, will democracy not work?
• Accused by 3 citizens of not believing in the Gods he said to have believed in, and corrupting the youth in his teachings
• Was offered escape from jail, but refused
• Accepted his punishment because he accepted a “social contract” by living in Athens and had to live it out
• Wanted to show the inherent flaw in a democracy
o Mobocracy (“Masses can be asses”)
Why was “trial by battle” the forerunner to our modern legal system?
- Living under “kings law”, monarch was powerful
- Two people fight physically and one wins
- Now two sides “fight” in court based on REASON + EVIDENCE and one wins
Why is the Magna Carta significant?
- Forced King John to sign
- Guaranteed all people were equal before (procedural – HOW) and under the law (substantive – WHAT)
- King pronounced “vengeance belongeth to the magistrate” (revenge belongs to the Crown – aka the crown will prosecute)
What was the importance of the American Bill of Rights? Outline some of the rights it guaranteed.
• 1791, Declared liberties of a citizen
o Freedom of religion, speech, oppression
o No cruel torture, trial w/I reasonable time
• 14th AMENDMENT – everyone is equal before and under the law
o “separate but equal” – equal to those similarly situated
Why was the decision in the Brown v. Board of Education a landmark decision in US legal history?
- overturned Plessy decision
- segregation in schools was illegal
What happened in Little Rock Arkansas as a result of the Brown decision?
o Resistance because they changed laws not mindsets – didn’t respect courts decision
o 9 black children enter HS w/ 5000 white children
o State troopers keep black students out in Little Rock, AK
o President Eisenhower sends in federal army to desegregate schools & escort black students to class
Can any state “make people do what they don’t want to do”?
• “A law is only as good as it can be enforced”
• Law can force society to respect minority
• Legally, they can force people to do things, but cant physically
o You can change laws, but you can’t change mindsets
How does the case of Mack Charles Parker reflect the tension of the south in the US?
- Accused of raping white woman and was supposed to be tried by all white jury
- White people worried he has too much liberty and group of masked men worked with the jailer to abduct from jail and kill him (shot and thrown off bridge)
What role do the USSC play in the struggle for equality in the US?
- Enforce & interpret the law, punish those who do not follow it
- Strike down laws
How does the Third Reich reflect an abuse of the Rule of Law?
• Laws were passed individually to slowly take away rights and equalities of “non-Germans”, eventually legal to torture and kill
How did the Nuremberg Trials advance international law?
• Other countries held Germany accountable for the Crimes Against Humanity it committed
What is the role of the International Court of Justice?
- Purpose: to enforce and protect the natural rights of every human being in accordance with the United Nations guideline
- Allows people to take own countries to court if they are being treated unfairly or inhumanely
What is the relationship between law and justice?
- Law is the most important tool we have in preserving and upholding justice
- Just because law is written doesn’t mean it is just
- When laws aren’t just, they must be struck down
