...A Bill of Rights is what the people are entitled to against every government and what no just government should refuse ~Thomas Jefferson Mood: PATRIOTIC
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Comments
Oct 3 2009 8:43 PM
Sep 25 2009 11:03 PM
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Sep 17 2009 11:58 AM
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Aug 30 2009 2:19 PM
IS THE USE OF LAW TO CHALLENGE PRISON CONDITIONS *OR* POLICIES A FORM OF HEROIC REBILLION OR QUIXOTIC DELUSION? AT STAKE IS NOT SIMPLY THE ONE ABSURD ASPECT OF THE HUMAN CONDITION LIES IN ACQUIESCING TO CONDITIONS OF EXISTENCE THAT PROMOTES UNNECESSARY SOCIAL DOMINATION.------------------------------------------------------------THE INMATE IS FOCED W/CERTAIN DILEMMAS IN HIS RELATION W/THOSE IN POSITIONS OF AUTHORITY OVER HIM. HE CONTINUES TO EXIST IN AN ATMOSPHERE OF SUBJECTION, AT BEST PATERNALISTIC, AT WORST REPRESSIVE & ARBITRARY. THE BEST WAY FOR HIM TO ACHIEVE IS GOAL OF GETTING OUT AS SOON AS POSSIBILE REMAINS CONFORMILY & PASSIVENESS ON HIS PART TOWARD THE PRISON SYSTEM. HE IS EXPECTED, HOWEVER, TO STRESS SELF=DETERMINATION & INDIVIDUAL RESPONSIBILITY AS A REHABILITATIVE PRISON LIFE BECOMAS AN ALLEGORICAL ANALOGUE TO OTHER FORMS OF SOCIAL EXISTENCE IN WHICH THE POTENTIAL TO ACT IS ABSTRUCTED & SOCIAL ACTORS REMAIN POWERLESS RELATIVE TO THEIR POTENTIAL TO ENGAGE & TRANSCEND THEIR CIRCUMSTANCES. VOLITIONAL BEHAVIOR SUPPRESSED OF PACIFIED LAEADS ONLY TO ORGANIZATIONALLY DETERMINED IDENTITIES, ONE BECOMES WHAT THE ENVIRONMENT DICTATES. SAME AS THE OUT SIDE WORLD.--------------------------------------------------IS THE JAULHOUSE LAWYER A “PRIMITIVE REBEL” OR HAVE MANY OVERLY ROMANTICIZED THE PHENOMENON? DOES HE OBTAIN LIBERATION FROM THE FORM OF LAW ITSELF? OR, ARE JAILHOUSE LAWYERS INADVERTENT CONTRIBUTORS TO THE PRODUCTION TO THE RULS OF LAW IDEOLOGY…. A STUDY OF JAILHOUSE LAWYERS & JAILHOUSE LAWYERING MAY ALSO TELL US SOMETHING ABOUT PRAXIS WITHIN A TIGHTLY CONTROLLED ENVIRONMENT WHICH MAY IN TURN ENLIGHTEN REFORM MOVEMENTS IN THE FREE WORLD..
Aug 30 2009 2:44 AM
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JAILHOUSE LAWYERING, MUCH LIKE SISYPUS'S CHALLENGE TO AUTHORITY, SYMBOLIZES FREEDOM. AS A CONSEQUENCE, WE SUGGEST THAT THE JAILHOUSE LAWYER DOES, IN FACT, DESERVE THE TITLE OF PRIMITIVE REBEL & THAT LAW BECOMES THE WEAPON IN RENOUNCING UNNECESSARY FORMS OF SOCIAL DOMINATION.
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LITIGATION AS NEGATION. THE TERM "REBEL" DERIVES FROM THE LATIN RE (AGAIN) & BELLUM (WAR). A REBEL IS LITERALLY ONE WHO "WARS AGAIN" AN INSURGENT, ONE WHO RESPONDS AS AN ADVERSARY. IF "JAILHOUSE" LAW REPRESENTS AN ACT OF REBELLION, THERE MUST BE AN ABJECT TOWARD WHICH THE ACT IS DIRECTED THAT MUST BE NEGATED. WHAT, THAN, DOES THE ACT OF LITIGATION NEGATE? SOMETIMES, NOTHING. WHATEVER THE SOBJECTIVE MOTIVATION OF A LITIGANT, LITIGATION (OR EVEN ITS THREAT) CAN CURTAIL STAFF ABUSE OF POWER. A SUIT SIGNIFIES THAT A MONOLOGIC OR ASYMMETRICAL POWER RELATION IS MOMENTARILY REPLACED BY A DIALOGIC & MORE SYMMETRICAL STATE OF AFFAIRS, ALBEIT A FORMAL ONE.
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MY ARGUMENT IS THAT WE CAN CONCEIVE LAW-MAKING AS, IN THEORY, A FORM OF EXPRESSIVE SOCIAL PRACTICE IN WHICH THE COMMUNITY PARTICIPATES IN SHAPING THE MORAL, ALLOCATIVE & ADJUDICATORY TEXTURE OF SOCIAL LIFE, BUT THAT IN CLASS SOCIETY, THIS PROCESS IS ALIENATED. IN HISTORY, LAW-MAKING BECOMES A MODE OF DOMINATION, NOT FREEDOM, BECAUSE OF ITS REPRESSIVE FUNCTION (Klare, 1979;
Jul 26 2009 6:40 PM
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Apr 18 2009 8:52 PM
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-Armand
Apr 9 2009 10:37 AM
Jan 20 2009 11:57 PM
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Nov 30 2008 2:25 PM
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Oct 25 2008 1:07 AM
Peace,
Darren
Oct 23 2008 6:36 PM
Amendment 2 - Right to Bear Arms. Ratified 12/15/1791.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment 3 - Quartering of Soldiers. Ratified 12/15/1791.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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