Law and Justice

In this packet the author, Zinn, reveals his feelings about law and justice. His started by giving the story about David O'Brien. David O'Brien and three friends started their draft registration cards on fire in front of a crowd, to express their feelings about the Vietnam War. O'Brien knew this was against the law but considered it a part of free speech under the Constitution. The law was disobeyed and the government sent him to prison. O'Brien had been a part of an act showing civil disobedience; which brought Zinn to his next argument: Obedience and Disobedience.

Zinn began this argument with Tommy Trantino, a poet and artist, had written while on death row. Tommy wrote a story about asking to use the restroom in first grade. His teacher said no, but Tommy could not accept her answer, he had to go to the bathroom. When Tommy went to leave without permission he had gone in his pants. Tommy had said, "...if one obeys and follows orders and adheres to all the rules and regulations of the lore of the lamb one is going to shit in one's pants and one's mother is going to have to clean up afterwards ya see?" (108). The point being made, obeying every rule and regulation is still going to cause chaos and controversy. Zinn continues his point by using a line quoted from Gertrude Scholtz-Klink, "We always obeyed the law. Isn't that what you do in America? Even if you don't agree with a law personally, you still obey it. Otherwise life would be chaos" (108). Gertrude Scholtz-Klink was the chief of the Women's Bureau under Hitler. If you don't personally agree with something such as, the Nazis mass murdering of the Jews, does a person go along with it anyway because it's the law? Or do they try to join forces and fight the law?

Zinn goes on to talk about how peace, stability, and order are desirable but there is also justice. Treating people fairly and giving everyone the same rights and freedoms. Having obedience may not always allow for justice which was what our founding fathers build this country upon. Jefferson and colleagues wording in the Declaration of Independence, " 'Life, Liberty, and the pursuit of Happiness' -- these are the ends. And 'whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new government' " (109). Zinn states that we need to seek new ways of holding justice without causing violence to human rights. Zinn also talks about the "Rule of law" and how it "does not do away with the unequal distribution of wealth and power, but reinforces that inequality with the authority of law" (111). Presidents, CIA officials, other important people or wealthy people get away with crimes while lower class citizens and minorities are not allowed any "second chance." This shows inequality and how justice is not held. "In society, the rich and strong get what they want by the law of contract, the rules of the market, and the power of authorities to change the rules or violate them at will" (114).

To sum up Zinns arguments; he believes in order and obedience but also in the rights people have when speaking out against laws. In the last paragraph of the packet Zinn explains that protesting is not departing from democracy but simply going against tradition. He agrees that it is sometimes troublesome but its healthy in society (123).

I agree with many of the arguments and points Zinn made throughout the "Law and Justice" packet; including the ones I have identified above. It's healthy to protest and speak out against tradition. I firmly believe that as times change peopled need to accept change and even seek change. Protest and let your voice be heard and back yourself up because, "If it is right to disobey unjust laws, it is right to disobey unjust punishment for breaking those laws" (122).