Dignity belongs to who (the original)

1981Years, SandraDay OConnor was America former president Reagan nominated and approved by the Senate, as the Supreme Court justices America, is the first female justice America history.2005Years7Month, OConnor announced his retirement. The retired two years ago, she published a semi autobiographical book "the dignity of the law" (The Majesty of The Law), reviewed her work in USA Supreme Court experience and understanding of the legal system. The introduction of the Law Press, the book has Chinese version,

In this book, picture with a heavy emphasis on her unique perspective as female, single Pichu talk of the relationship between women and the legal chapter. O'Connor reviews the women's social and legal system in the America's position in the America, the early years of the Republic, in the treatment of women's issues inherited the British tradition, take gender as "social life geographical division", which exclude women from public society, that women belong to Yu Daode and the spiritual realm, various job opportunities for women is a closed door. In politics, although the female is considered American citizens, but long time did not have the right to vote, not a jury. From the1840Year, relationship with the abolitionist movement closely women and some feminists began to struggle for for the right to vote, from1848The Seneca Falls Convention for the beginning of formal organization, after about70Years of struggle, finally make America Congress passed the Nineteenth Amendment to the constitution, "citizens of the United States to vote, not because of gender by the United States or by any state deprive or restrict".1920Years without limitation of sex of the national election held at the time, the Seneca Falls convention participants only one living.

American legal system treatment of different groups of difference, not only for women (in particular, OConnor talk about the women, only refers to as the descendants of European immigrants white women)? Women are affected by the law of unfair treatment, but this injustice is the most merciful. The text American constitution and making process, and USA whole legal system, has now been infinite deified, O'Connor called "the dignity of the law" formulation also reinforces this deified effect. Let us change a perspective, to today's vision to look back USA founders to1789Set in the year America constitution, can say for sure, this is a stain on the history of human civilization:

To establish the United States European immigrants and their descendants in North America land, the premise is the land into an empty continent, this is decimating the indigenous peoples of the Americas, from guns to hound to infectious diseases, resort to every conceivable means, and even some European immigrant families will kill an Indian as the boy's adult ceremony. The consequence is, American Indians were almost extinct -- an estimate is Indians from1Billion down to500Million, and endangered species was held in the so-called "reservations", which is more than the Holocaust be brutal and inhuman genocide. In the1789American constitution, the Indians are not people, because they "by the end of taxation".

In order to maintain labor, America in history, from the Africa trafficking1500Million slaves, some scholars estimate, each slaves arrived in America, at the same time there5-6Slaves died while on maritime transport. Participation in the formulation of the constitution of the USA founders have a slave. They stipulated in the constitution, the number of slaves in 3/5 conversion of population, that is to say a slave computer0.6Personal. The slaves to fight a discount in the population, just to give great slave owners more involved in political power, and is not intended to slaves. Ask, what in this constitution "dignity"?

Once in USA is improper and we Chinese.19In the late 19th century, the slaves had been liberated, to build a railroad, American businessman from Chinese trafficking "pig", such as railway is completed, the Americans began to exclusion, Congress in1882By the "Chinese Exclusion Act", the Chinese position even not in human Indians are not. Even Li Hongzhang to lambaste: "" Chinese Exclusion Act "is the world's most unfair act!"? Ask, such a bill with "dignity"?

The law is not what the Holy things. From the legislative point of view, the law is a political product, since politics is dirty, then the law also dirty. So it is in the judicial practice, the independence of itself without any moral superiority, the Taney court not in Scott v. Sanford decision in the slaves not USA citizens, and indirectly caused the war?

O'Connor said, the success of the law is simply a by-product of social consensus, the real changes occurred in society first. The dirty USA law has been in the past, because America society has changed. So we must ask, change is going to happen? The status of women return to earlier, OConnor wrote in the book: "the British came the exciting news...... A suffrage activists did anything so extreme, she in the Derby winning moment on the horse before the king's horse, sacrificed his own life to arouse the attention of women's suffrage movement." So America fight for women's rights in people under the influence, also paid a price for their actions, "was held, was attacked, harassed, family separation". This can not help reminiscent of Tan Si in the words: "martyrdom before the national political reform, all from the blood into the." After the civil war, America abolished slavery, but blacks really improve is 100 years after the incident, no60Student rebellions and Martin's.Ruud Kim led the black civil rights movement, American today show logical administration and harmonious people sight unthinkable.

The coin always has two sides, when magnified on the bright side, we should see the hidden dark side, it can explain the light is so bright. "The dignity of the law" this statement is accurate description is not history, as the political situation in a time of solidification, the law is not dignity. Good heart unremitting struggle and true dignity belongs to the weak force.

 

"The dignity of the law: thinking USA Supreme Court justices"

(United States) Sandra Day OConnor, Xin Chunying translated by Ge Mingzhen

Publishing House of law,2006Years12Month