Showing posts with label Ruth Bader Ginsburg. Show all posts
Showing posts with label Ruth Bader Ginsburg. Show all posts

Friday, February 1, 2019

On the Basis of Sex

The law is so diverse and complex that it's almost like an inorganic cerebral ecosystem of sorts, wherein which manifold species symbiotically seek food, shelter, warmth.

Taken as a whole it's rather labyrinthine, like trying to clarify all the species in an unknown jungle, at first. You study taxonomic reasoning for years and then one day set foot in the jungle, pitch a tent, set up camp, begin recording the flora and fauna as well as their relationships with one another. As the sun slowly fades and night descends you observe different botanical phenomena displaying alternative characteristics until your research can definitively suggest they possess specific behavioural traits, thereby setting precedents of sorts which promote further discovery.

But you can only do so much research in a jungle and most research is somewhat specialized (philosophically undertaken according to specific criteria) and eventually you depart, coming back at another time perhaps to advance your research further.

Meanwhile other scientists investigate the same region to verify or contradict your findings while making several new ones of their own.

Rational observations upheld by the reasonable discourse of the day slowly create a world of precedents delineating a civil code unto themselves.

But the code itself is so vast and delicately nuanced and the amount of time spent studying it so slim that the overarching exhaustive narrative remains tantalizing out of touch, always encouraging further study.

If the lawyers, judges, and legal aids who make up a judicial framework are closely studied you find patterns upon which you can base predictions regarding the outcomes of specific cases and the individuals responsible for making them, judging them, commentating upon them, facilitating them.

You would think they wouldn't be determinate inasmuch as different facts and alternative circumstances make each case unique, and that the outcome of one extortion trial should be different from another, but the patterns do persist with a remarkable lack of variation, which is perhaps an unfortunate byproduct of undisclosed political motives.

But variability persists as well and honest judges and lawyers can be swayed by exceptional arguments crafted by reasonable individuals cutting their way through the maze.

As they are by Ruth Bader Ginsburg (Felicity Jones) in Mimi Leder's On the Basis of Sex.

Unlike the instinctual nature of the jungle, which is instinctive inasmuch as we can't communicate with it, logically, in spite of visceral fluencies, the imaginative nature of the law, the application of abstract thought, no matter how practical it might be, cleverly cultivates alternative paths by introducing new classifications, new precedents, disciplines, many of which have little to do with people wandering around aimlessly thousands of years ago, and scientifically reflect the evolutionary nature of communal intellect.

Like the second or third or fourth or fifth scientist who visits the previously undiscovered jungle and discovers new facts that contradict the findings of his or her predecessors, new law branches emerge which develop their own previously uncategorized traditions themselves equally rich in judicial diversity.

As alternative traditions make their claims based upon different precedents the undeniable sure thing becomes much less invariable.

But the patterns still persist and the political motivations that define them persistently seek to elucidate a manufactured master narrative, regardless of facts presented, in attempts to make the world reflect a theoretical natural conception.

The jungle itself without the ability to analyze itself is natural, and rational attempts to define its nature definitively through the application of self-aware reflection based upon observed conditionals which change according to the narratives established by their observers, different conclusions reached, competing rationalities cohabiting, reflects the nature of thought or imagination, a nature which is in/organic if you will.

On the Basis of Sex operates within an in/organic labyrinth and follows the brilliant Ruth Bader Ginsburg as she begins to shine a light through.

Ignorantly dismissed at first and later on because of her gender, even though she graduated with exceptional grades, she finally gets a chance and rationally makes the most of it.

In feisty Denver.

Precedents and patterns and preconceptions and prejudice confront her all the way, but her loving husband (Armie Hammer) and children (Cailee Spaeny, Callum Shoniker) back her up, and support her with the utmost respect (within teenaged reason).

The film's an engaging accessible account of a remarkable individual's first trek through the wilderness, and the path she cultivated along the way.

Through foresight, pluck, logic, and determination, she helped heal aspects of a system that unfortunately is neither broken nor fixed.

If you think the system's broken, if you give up and stop fighting, then a system that has never been and never will be perfect falls into a blind state of disarray.

Remember people like Ruth Bader Ginsburg and the light they've helped shine throughout their lives if you find yourself thinking everything's hopeless.

Because there are millions if not billions of people out there just like her, who care, and are making a difference.

Fighting for true democracy.

Or at least a fair shake most of the time.

Tuesday, June 12, 2018

RBG

It's strange when you realize the law is much more complicated than simply feeling hot or cold throughout the day, and that advanced texts don't have clearly defined meanings which snuggly fit every case with cozy semantic lucidity.

The same logic applies to simpler texts as knowledge is obtained and interpretive methods are codified, reified, modified, exemplified, as others have noted, but that moment when you're sitting there reading dense material and you realize it can be read and applied from multiple different perspectives dependent upon the task at hand is simultaneously thrilling and chilling, inasmuch as it obscures the genuine while concurrently romanticizing its pursuit.

Example.

Take an equal wage paid for equal work done. If two equally qualified people are doing the same job and they started at the same time and they both perform their tasks competently they should be paid the same wage regardless of creed, race, ethnicity, appearance, or gender.

If opportunities for advancement exist they should be given to the person who is performing their tasks consistently well with the most precision as long as they aren't loathsome to deal with or incapable of managing staff diplomatically enough to prevent them from quitting or causing internal discord.

It makes perfect sense to me that men and women working the same job should therefore be paid the same wage and be given equal opportunities within their respective working environments if their employers are genuine.

It's clear that laws should support such a conclusion, yet it's chilling to read article after article, decade after decade, about how men and women are paid unequal wages for doing equal work, which makes the pursuit of creating a legal framework wherein which men and women are actually paid the same wage for equal work romantic, insofar as you need to simplify complicated codes of conduct which have diversified labour forces without applying fair work practices.

Actually doing this, actively changing the law so that one gender can't reflexively delegitimize the work of another in order to silently uphold gender based biases institutionally must be thrilling, and I imagine, in my limited way, that Supreme Court Justice Ruth Bader Ginsburg has found her lifework to be quite thrilling, many of its compelling achievements nimbly presented in Betsy West and Julie Cohen's documentary RBG.

Not to say she isn't highly logical.

I suppose she eruditely comprehends the thrills of logical construction.

She's made many game changing arguments throughout her career while working as a lawyer and has delivered many landmark judgments as part of the American Supreme Court, while also raising a strong family with the aid of her remarkable husband (now passed).

A real world Marvel superhero.

A powerful living breathing example of an individual who worked within the system to peacefully change things while earning the respect of her peers, a dedicated activist who changed many laws to legalize social justice, I hope thousands of young and not so young people see this film and discover what can be realistically gained by working hard within a system that isn't necessarily broken.

RBG and Ruth Bader Ginsburg are the best real world examples which can be used to challenge the cynicism culturally propagated by the right that I've come across in years.

As they've inspirationally proven, the fight isn't hopeless and gender equality is a possibility.

You just have to find the fight thrilling.

And make sure you're a genuine romantic.