The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma.
Judith Lewis HermanRead
The legal system is designed to protect men from the superior power of the state but not to protect women or children from the superior power of men. It therefore provides strong guarantees for the rights of the accused but essentially no guarantees for the rights of the victim. If one set out by design to devise a system for provoking intrusive post-traumatic symptoms, one could not do better than a court of law.
Interpretation
The legal system often fails to protect marginalized groups from male dominance and can exacerbate trauma for victims.
Judith Lewis Herman critiques the legal system, arguing that while it is structured to safeguard individuals against state power, it inadequately defends women and children from male violence. The system's focus on the rights of the accused often comes at the expense of victims, creating an environment that can worsen their trauma rather than provide justice or healing.
In practice
During a discussion on gender-based violence and legal protections at a conference.
The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma.
Over time as most people fail the survivor's exacting test of trustworthiness, she tends to withdraw from relationships. The isolation of the survivor thus persists even after she is free.
... in practice the standard for what constitutes rape is set not at the level of women's experience of violation but just above the level of coercion acceptable to men.
I cannot see any of these death penalty cases where there hasn't been a violation on the ground of either poverty or race. If we can ever get that straightened out, it will help. But, of course, the real answer to it is to do away with the death penalty.
I understood at a young age that administrations come and go, but laws stay. So I decided to become a lawyer in order to help create a more just and peaceful world, not just in a fleeting moment but in a way that will endure from one generation to the next.
While mass incarceration is a national crisis, it was built locally.
The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.
Ultimately, we must either abandon our reliance on stop and search or abandon any hope for a criminal justice system grounded in equality, impartiality and fairness.
Fill the seats of justice with good men, not so absolute in goodness as to forget what human frailty is.
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