Structures of violence

“Legal interpretations pronounce guilt, deny custody, demand payments, and destroy lives. These are violent acts. The grand jury’s decision not to indict Darren Wilson was a violent act. Like many acts of legal interpretation, it confronted two different narratives, two different claims of truth and justice, and chose one over the other. In affirming one narrative, it necessarily negated the other. And there were consequences to that act.

The violence of legal interpretation does not make the grand jury’s decision a moral failure. Nor does it make the grand jury in any way responsible for the physical violence that has ensued. Rather, the decision is one of many violent acts within the violent system of law that we inhabit.

The grand jury would not have escaped the ubiquity of law’s violence with a different decision. Its interpretive act would still have chosen between two narratives, and its act would still have had consequences. In fact, it’s possible that the decision not to indict was the correct interpretation of law and facts. […]

The law that structures our society kills people. Some of the people it kills are innocent. All of the people it kills are human.”

—John Inazu, “Law and Violence”

 

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