Thursday, May 12, 2022
David B. Owens (University of Washington - School of Law) has posted Violence Everywhere: How the Current Spectacle of Black Suffering, Police Violence, and The violence of Judicial Intepretation Undermine the Rule of Law (Stanford Journal of Civil Rights and Civil Liberties, Vol. 17, No. 475, 2022) on SSRN. Here is the abstract:
This essay explores the consequences of ubiquitous police violence in American culture as it relates to the law. To start, the paper compares the current Spectacle of Black Suffering---which we see on TV, Youtube, and all sorts of media---by first examining its antecedents in monarchical torture and then lynching following the Civil War. In each instance, spectacle violence by the state confers a political message, and the violence is often disproportionate to the alleged "offense." The same is true in many instances of police violence we see again and again against Black people. These acts of violence are also frequently unconstitutional, but many go injured folks are left without or with inadequate remedies.