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Academic

: Law at the End of the Day

Ruminations XXIX: On the Relationship Between Law, Justice and Governance

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In 2009 this site posted a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain a thing or event. The hope is that, built up on each other, the series will provide a matrix of thoughts that together might lead the reader in new directions. Though each can be read independently of the others, they are intended to be read together and against each other.

For 2010, the Ruminations Series continues:

Much has been made of the importance of remedy for the vindication of the rights,and especially the human right, of individuals, in their interactions with state and non-state actors. Remedies serve as a key bridge between the articulation of substantive standards of justice, their memorialization in authoritative form (law, usually) and the actual provision of justice through law. That last bridge implicates both process and institutions, the last and key bride between the highest of ideals and the objects of these ideals.

That connection was nicely underscored in a recent story reported in a media series by Chuck Sheperd, "News of the Weird." In a section entitled "More Texas Justice" Mr. Sheperd reports:

Despite Texas' severe preconviction history, one man actually received a full pardon in February. Tim Cole had been convicted of rape in 1986, though relentlessly proclaiming his innocence, and a 1996 confession to the crime by another man did not move officials to re investigate. When a DNA result (ordered in 2008) confirmed the 1996 confession, Cole's innocence could no longer be ignored. In March, Gov. Rick Perry issued a full pardon, but Cole could not enjoy it. He had died in prison in 1999 after wrongfully serving 13 years, the final three despite the fact that the actual rapist had already tried to turn himself in.

Chuck Sheperd, News of the Weird, Week of April 11, 2010. And thus tone of the possible faces of the relationship between justice, law and governance.

Full post as published by Law at the End of the Day on April 09, 2010 (boomark / email).