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robertogreco : frenchdeclarationofrightsofmanandthecitizen   1

Caterina.net » Justice, and the Problem with the Bill of Rights
"I am reading about the work of the late William J. Stuntz, a law professor at Harvard, who wrote about the criminal justice system, in The Caging of America (recommended!) and Stuntz looks for the reasons why we arrived at this impasse, finding it, ultimately, in the Constitution, particularly in the Bill of Rights. And I was hard struck by how right he was in what was wrong. The problem, as he sees it, is that the Bill of Rights is about process and procedure, rather than principles. Compare, he says, the French Declaration of the Rights of Man and the Citizen with our Bill of Rights — Bills 4-8 establish our judicial system, and are how we end up with more black men in prison than were slaves in 1850, and more than six million people under “correctional supervision”. Gopnik writes:

[citation]

I’d always been uneasy with Constitution-worship, particularly uneasy about the Bill of Rights, and certainly the justice system, but didn’t have the least idea why. This is why."
values  thingsthatarebroken  thingsthatsuck  whatswrongwithamerica  correctionalsupervision  criminaljusticesystem  2012  principles  procedure  process  justice  rights  frenchdeclarationofrightsofmanandthecitizen  adamgopnik  billofrights  france  us  constitution  williamjstuntz 
february 2012 by robertogreco

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