About This Blog

Judging Crimes is a blog about criminal law, violent crime and the judiciary, dedicated to making the liberal case for greater democratic control of the criminal justice system.  It's a "view from the trenches" because it's written by a practitioner, not an academic or journalist.  It examines the changing role of the judiciary in American society by looking at what judges actually do, rather than what they say.  I know what they do because I deal with the consequences every day. 

Opinions issued by judges, from Supreme Court justices on down, are justifications for the exercise of governmental power.  But it is the exercise of power itself that should command our attention, not the justifications.  Judging Crimes is concerned with the reality of judicial power rather than the verbal formulas used to defend it. 

American law professors have long liked to say they teach their students "to think like a lawyer."  Learning to think that way is a matter of internalizing certain assumptions.  The practice of judging is likewise based on a foundation of shared assumptions, among them that the United States Constitution -- a document of 8,335 words, the length of a book chapter -- provides an answer to every question.  Rather like a Ouija board.

These assumptions are so ingrained -- and their internalization is so necessary to the successful practice of law -- that most people who subscribe to them aren't even aware of having done so.  Judging Crimes will try to engage not just with the expressions of judicial power, but with the assumptions on which those expressions  rest.  

Judging Crimes won't be filled with daily entries commenting on the day's events or provide a best-of-the-web welter of links.  Many other blogs already do that, far better than I could hope to do.  (Check out these.)  Instead, Judging Crimes will contain pieces of a length that might seem long for a blog but would be short in a serious magazine.  I hope to post new pieces several times a week.

Powered by Squarespace
What's not to like?

Hit the "like" button on Facebook to be notified of mini-blog entries and new posts and columns.

In Our Name
Test Drive the Book!
« 206. Forbidden City | Main | 204. The centrality of being earnest »
Sunday
Dec102006

205. Blots, stains and blemishes

Yesterday in a bookstore I looked at a copy of Jim Newton's new biography of Earl Warren.  The jacket copy - for which the Penguin publicity department, rather than Newton, was presumably responsible - mentioned Warren's enthusiastic support for reviving the 19th-century California custom of persecuting Asians.  (See post 196.)  The jacket copy describes this as "one of the few blemishes on an otherwise progressive record."

The famously "idealistic" Woodrow Wilson was the President who inaugurated segregation in federal employment, and in his 1916 campaign against former Justice Charles Evans Hughes, Wilson's thin victory margin may well have been his appeal to the racist vote (remember than Blacks were generally not allowed to vote, despite the 15th amendment - Wilson counted on that).  

For example, in a campaign speech in St. Louis, our idealistic President accused Republicans of "'colonizing' imported black voters in a fraudulent attempt to pad the electoral rolls."  Less than a year later, by no coincidence, East St. Louis was the site of the first of the anti-Black pogroms of the dreadful 1917-23 period - pogroms that Wilson made no effort to suppress.

It would be nice to believe the "scholarly" Wilson was being cynical in his campaign speeches, but he wasn't: his racism was sincere.  More than that: it was at the very core of his supposed scholarship.  Some of his most grotesquely racist comments, directed against Southern Europeans as well as the more traditional targets, can be found in his multi-volume History of the American People.  (Check out vol. V, pp. 17-22, 44-53, 58-64, 184-187, 212-214; a selection can also be found here at 208-213.) 

Wilson's racism played a significant part in his post-WW I negotiations, when he refused to accept a proposal by the Japanese to include in the League of Nations' covenant an explicit recognition of "the equality of the yellow race," to use the phrasing found in this history of Japanese-American relations.   Wilson's racism gave a clear message to the Japanese of the interwar years: they couldn't expect to share the Pacific peacefully with the United States, and needed to start considering another modus vivendi.

So how do his biographers treat Wilson's racism?  Louis Auchincloss, the chronicler of WASPy law firms, called Wilson's support for segregation a "stain" on his presidency - almost as gauche, one imagines from the wording, as spilling gravy on a linen tablecloth.  Wilson's suppression of political dissent is another "stain."  The current holder of the franchise for scholarly biography of Wilson, Arthur S. Link, calls his subject's record on race a "blot."

Andy Warhol once wrote, or rather spoke into his tape recorder and had some assistant type up:

When I did my self-portrait, I left all the pimples out because you always should.  Pimples are a temporary condition and they don't have anything to do with what you really look like.  Always omit the blemishes - they're not part of the good picture you want.

The Wilson apologists' use of "blot" and "stain," like the Penguin copy-writer's reference to the "blemish" on Earl Warren's record, convey the same idea, but less forthrightly.  They mean to imply that Wilson's and Warren's  attitudes toward race and free speech don't have anything to do with what those men were really like.  The injustices these heroes perpetrated, the sufferings they imposed on so many innocent people, were external to their achievements, mere pimples on the angelic face of public service.

Instead of looking at their concrete accomplishments, the biographers all tell us, we should focus on their intentions, or rather on their public formulations of their intentions.  See?  They said all sorts of noble things.  That's what's essential about them, not what they actually did.

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
All HTML will be escaped. Hyperlinks will be created for URLs automatically.