A Social Trust Theory of Criminal Law, Part II

As I discussed in my previous post, the job of criminal law is to reassure us that we will not be victimized when we leave the safety of our homes and families and engage with the wider world. Such reassurance is necessary for our economy to work and for us to be able to enjoy the individual freedoms so exalted by our culture. But the central dilemma of criminal law is this: criminal law and its enforcement not only function as sources of reassurance, but as threats in their own right—producers of fear that may undermine, rather than enhance, people’s sense of security and willingness to engage with the wider world. Every time the criminal-justice system acts against a citizen, it causes harm in some form or another. Viewing this harm, some will feel reassured—if the system, for instance, is seen as thereby deterring future harms—but others will feel frightened. Indeed, the very essence of deterrence is fright. There is no unalloyed good when the system acts. The bitter always accompanies the sweet.  

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A Defense of Law School Education

School of LawTwo weeks ago, the New York Times published an article entitled “A Steep Slide in Law School Enrollment Accelerates.” One of the major premises for the article was that prospective graduate school students have increasingly found law school not to be an attractive option anymore. According to the article, students likened their relationship to their schools as a business contract. The article was supported by ABA employment figures that showed that less than two-thirds of law school graduates found jobs that required passing the bar exam. I found the article and its premises unfair. The article, hardly the first to do so, equated law school success to finding long-term employment as a lawyer.

Grading a law school education based on bar-exam-required employment is unfairly simplistic. The breadth of interesting employment opportunities available to law school graduates is incredible.

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