356. In the same old voice
Judging Crimes:
It’s interesting to note how much a reader reveals about him- or herself by leaving a comment at this blog. For instance, the "difference" feminists, inspired by Carol Gilligan’s Ina Different Voice, have taught us that heartfelt expressions of emotion are characteristically feminine, and yet the pseudonymous comment left at post 304, by far the most emotionally-naked ever left on the site, somehow strikes me as written by a male.
Is that my own sexism showing through, or is there something distinctly masculine about the thought expressed, or the words used to express it, or perhaps the orthography? Speaking of the spelling, did the author intend a hommage to the Kevin Kline character from Fish Called Wanda?
More recently, in response to post 353, David K. wrote:
The right of an accused person to "confront" his accuser is right there in the constitution. I must have missed the "child’s right to protection from the community". Could you please point out to me which part of the constitution I might find that passage?
What is it about this passage that makes me think it was written by a lawyer? Perhaps it’s just the signature, with its echo of the most prominent of all 20th century lawyers, Franz K.
Anyway, there are several ways to answer David K.’s question. For example, it could be pointed out that the Constitution’s preamble, which generally isn’t studied in law school and is studiously ignored by judges, explains why we have a Bill of Rights in the first place. Among other things, the purpose of the 6th amendment is to:
establish justice, insure domestic tranquility, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity
So, from one way of interpreting it, it can be argued that when the 6th amendment becomes an instrument for preventing justice and opposing the general welfare,…