Opening Discussion: What is the function of the law? Can laws that aim to maintain order also perpetuate injustice?" by The Antiracism Academy

2024-11-21 22:49:33 UTC

Order, as it is understood and enforced by the ruling class, is inherently unjust.

2024-11-21 22:50:31 UTC

The law is meant to create and maintain a structure based on the morals of society. It’s supposed to be an expression of social contracting, but does end up perpetuating injustice. When a structure originally had injustice built in, and that structure is maintained consistently throughout time, the injustice is not only maintained but intensified throughout all structures.

2024-11-21 22:50:45 UTC

In theory, the function of the law is to maintain “an ordered society.” However, laws that purport to maintain order can absolutely perpetuate injustice. One example that comes to mind are vagrancy laws.

2024-11-21 22:50:47 UTC

To maintain the illusion of freedom

2024-11-21 22:51:14 UTC

Their function should be to meet people's unmet needs. Yes, people have a different idea of what order/justice/injustce looks like and injustice can occur during the "maintaining" of the law.

2024-11-21 22:51:19 UTC

The function of law is arguable, but most people would say the law exists to maintain order in a way that is applied equally and consistently. Unfortunately the “order” maintained is generally one of quiet injustice

2024-11-21 22:54:07 UTC

The function of law is to maintain order and protect those most in need of protection generally. Also the prevention of wrongdoing is an important function of the law.

Yes, laws can be used to perpetuate injustice when those who aim to maintain order are only motivated to act when THEY feel the effects of a systemic injustice.

2024-11-21 22:55:49 UTC

If their function is to meet unmet needs then injustice can occur if the law makers do not understand people's needs and how best to meet them