Common law is the development of systems and rules to articulate a decision based on precedent, tradition and customs. History has developed, through these techniques, to create an ideology that results in a massive grey area within the words. Laws have and will always be words on a piece of paper, the customs of the laws are unique. These customs, precedents, and traditions have created institutional inequality built into the architecture of law. This relationship is presented by Galanter, Derrick Bell, and Austin Sarat. Galanter is a proponent of exposing the architecture of the law and its systematic usage in many different aspects. The architecture is broken down into four categories, rules, courts, lawyer, and parties. (Galanter 96)
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He states that the architecture of the law is in place culturally, and presents an alternative method for derailing American inequality and racism. Also, it is important to understand that Bell recognizes exclusively as a major issue within the African-American community. He states, “Today, blacks experiencing rejection for a job, a home, a promotion, anguish over whether race or individual failing prompted their exclusion. Either conclusion breeds frustration and eventually despair.We call ourselves African Americans, but despite centuries of struggle, none of us-no matter our prestige or position-is more than a few steps away from a racially motivated exclusion, restriction or affront.” (Bell 374) Understanding that as an important issue helps bring together his argument that the law structurally, forces inequality. Bell mentions that inequality “is as old as this nation” through terms like, “the struggle” for things such as, “freedom, justice, and dignity.” (Bell 1). Bell argues that the work done by “Racial Realists” have originally actually negatively impacted their intent to change the structure of the law. He says this in a time when conservatives ran the supreme court, they were able to use abstract precedents to make rulings that, at the time appeared to benefit the black community, but ultimately could be used in the future to restrict further progression. The ability to use precedents, which is the architecture of law in America, strengthens those who are already in power and create a larger divide in inequality. Through examples like Booker T. Washington’s Atlanta Compromise speech, Bell presents that idea of giving up on racial equality under the law and partake in changing society’s cultural identity towards the black community. Both Bell and Washington would agree that this would ultimately improve the standards of racism and
He states that the architecture of the law is in place culturally, and presents an alternative method for derailing American inequality and racism. Also, it is important to understand that Bell recognizes exclusively as a major issue within the African-American community. He states, “Today, blacks experiencing rejection for a job, a home, a promotion, anguish over whether race or individual failing prompted their exclusion. Either conclusion breeds frustration and eventually despair.We call ourselves African Americans, but despite centuries of struggle, none of us-no matter our prestige or position-is more than a few steps away from a racially motivated exclusion, restriction or affront.” (Bell 374) Understanding that as an important issue helps bring together his argument that the law structurally, forces inequality. Bell mentions that inequality “is as old as this nation” through terms like, “the struggle” for things such as, “freedom, justice, and dignity.” (Bell 1). Bell argues that the work done by “Racial Realists” have originally actually negatively impacted their intent to change the structure of the law. He says this in a time when conservatives ran the supreme court, they were able to use abstract precedents to make rulings that, at the time appeared to benefit the black community, but ultimately could be used in the future to restrict further progression. The ability to use precedents, which is the architecture of law in America, strengthens those who are already in power and create a larger divide in inequality. Through examples like Booker T. Washington’s Atlanta Compromise speech, Bell presents that idea of giving up on racial equality under the law and partake in changing society’s cultural identity towards the black community. Both Bell and Washington would agree that this would ultimately improve the standards of racism and