Wednesday, July 15, 2009

Legalese

If I look at Torts anymore, my eyes are going to bleed, so I am coming to look at you, Oh Glorious Blog.

First, I would like to point out Vor has his own blog.  No, I'm not telling you where it is, what it is, who's in on it, or even a simple clue about it.  It's more of a real life thing for him.  You'll never find it.  But I just wanted to say that it exists.  You know why?  Because I did it first!

Oh, no, I don't have a lick of competitiveness in me, no ma'am, not at all.  I also don't exaggerate.

I wish he would start his own anonymoose (so.  punny.) blog so I could send you over there.  He's witty, intelligent, and if he put any pictures up, you'd see how cute he is too.

Second.  I read blogs in my spare time; it's relaxing, and there are many that make me laugh.  It's like reading stories in installments, and I can never do what I usually do--read for five hours straight and finish the damn book.  I must wait.  I must be patient.  I kind of like it.  

One of the blogs I read has a lively discussion going about Sotomayor (Dear God, please don't make me show up on Google now!  Thanks!).  The people over there are going back and forth, and will be endlessly, about her "wise Latina" comments.  It's a circle; some say, hey, it's true!  Then the others cry, hey, it's racist!  Then some in the middle try to break the circle but never quite succeed.  

Vor and I discussed this on one of our nightly walks.   Right now, people are using this comment of hers as their own football, to lob back and forth in the game of judicial activism.  Really, in the end, judicial activism amounts to a decision you don't like.  

So what does her comment relate to?  Merit.  As Americans, we like merit.  Bring yourself up from the bottom, do it yourself, grab your bootstraps, hot potatoes in your pockets, uphill both ways, merit-loving-Americans.  So we don't like the idea that experiences, not just hard work, give you something.  

Yes, if a white male made the reverse comment, I would be screaming.  Yes, even her comment makes me wonder.  But in the end, it's unfortunate, and it's true.  We are shaped by our experiences, not just our hard work and ethics.  As a collective, we have a history of mistreating minorities and women.   No such equivalent for the white males now screaming racism; by that I mean, there's no history of oppression there (yes, I understand there are exceptions, I'm talking the norm).  Consequently, those minorities and women have a hugely different view of life, law, and the reasonable person (Torts!  Torts!).

I will never be able to feel the full depths of some of the hurts that my friends who have a different skin color than me have felt.  Vor will never feel the same unease around police that I do, because he has never been pulled over by the officer who thinks he's cute and wants to get his phone number (insert joke here).  If you are a guy and reading this, you probably don't know how it feels to be told that you should drop out of calculus because all you need to do is count beans in the kitchen.  

It affects what you see, how you react, how you live, and what you teach your children.  You can debate all you want about how we are supposed to interpret our Constitution, but the fact remains:  I don't like the statement.  I don't like what's behind it.  But I don't need those things to recognize truth, in all its unsavory glory.

Mind you, I am studying for the bar.  This might not be coherent.  

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