Wednesday, April 3, 2019

Equality Before the Law: One Idea, and Not Always Dominant

There was a pre-Watergate turning point in US popular culture in a film where Harry Morgan, who'd played straight-arrow Detective Joe Friday's partner, and Peter Lawford, JFK's brother-in-law, were agents of the law facing the problem of getting sensitive (medical? psychiatric?) records. The Harry Morgan character said the only way he knew to do a search was to get a warrant. The Peter Lawford character gave him a look — and quick cut to the two of them with small flashlights going through records in a darkened office. Then the Charles Bronson character in DEATH WISH (1974 f.) and a line of figures responding to the rhetorical question and the misquoted answer, "Rules and regulations — who needs them? / Throw them out the door." 

Combine that with the literally ancient idea that laws are for the little people, or, from at least The Code of Hammurabi on, the idea of different laws for different classes and classification — and there's a point many of us need to deal with. Equality before the law is one theory. And sometimes it's "All the people who (fully) count" are equal before the law. There's a line in a play by Aristophanes of a young citizen claiming his rights: "I'm Athenian, male, of age, and free" — democracy was for men and citizens, not resident aliens, women, girls, boys, or slaves. 

"No one is above the law" is an ideal, and not one everybody supports all the time.

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