I'm throwing this out there as a topic of discussion that cuts across many theories of law in the hopes that we can generate several posts based on the same event. My thinking is that this would help illustrate the differences between natural law, positivism and realism generally. For instance,
- Is this a case where the gap between the letter of the law (positive law) and its application to specific facts involving race in America come into conflict resulting in an arbitrary use of authority, as a realist might claim?
- Is this a case, where the authority granted by positive law seems to violate demands of justice, specifically one's ability to resist an unjust law, as a natural law theorist might claim?
- Or finally, is this simply a case of the law needing to function without moral sanction in order to maintain the integrity of legal order, as a positivist might claim?
I feel that there’s no way to know whether the police officer was being racist in his own mind, but his misconduct (if that’s what it was) doesn’t seem to explicitly imply any racially discriminatory attitude. It’s the professor who implied that he’s being treated badly because of his race, and therefore it just shows a bias in his own mentality. He himself thought that he’s being victimized due to his race, when there’s no actual reason to believe so. The officer’s misconduct might just be due to his incompetency.
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