Реферат: The Paradox Of Community Essay Research Paper

our society. Law in practice should match our expectations of promoting trust

and community. These expectations are met through good legal reasoning. Though

a judge can never reach a ?correct? decision, he gains the trust of the

community when he satisfies the audience that he speaks for the public as a

whole. The Sander County Court does not speak for Sander County as a whole; it

speaks for the insiders. Outsiders in Sander County live under the same rules

as the insiders and they share common expectations of the legal process. By

reaffirming the insider’s myth of community, the legal system is in no way

contributing to the creation of community in Sander County. It is, in fact,

perpetuating the instability of society by employing its partial and arbitrary

judgments. The outsiders do not feel that the legal system is part of their

community and the insiders still perceive the outsiders as a threat to their way

of life.

The residents of Sander County are entitled to the same rights,

regardless of any ethnographic association. It is the duty of the legal system

to manifest these entitlements and to promote an ideology that extols the

assertions and actualization of these rights. The court fails to act

impartially when it supports the criticism of certain legal discourses, mainly

personal injury claims. Sander County views the court as a symbol of ?law’:

the legal system’s powerful assent of such inequalities gives justification to

the values of the insiders. Where is the legal reasoning in the legal system of

Sander County? Unfortunately, it is rendered virtually unrecognizable.

Without impartial reasoning of the facts about the case, the rules

relevant to the case, social background facts, and the moral values of society,

Sander County will lack trust in the legal process and community (Carter 11).

The irony lies in the fact that the power of the insiders as a whole disempowers

the individual, whether the individual is an insider or an outsider. Every

member of Sander County is rather powerless before the law; the efforts to keep

the town safe from change paradoxically caused a lack of trust in the legal