The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma.
Judith Lewis HermanRead
The legal system is designed to protect men from the superior power of the state but not to protect women or children from the superior power of men. It therefore provides strong guarantees for the rights of the accused but essentially no guarantees for the rights of the victim. If one set out by design to devise a system for provoking intrusive post-traumatic symptoms, one could not do better than a court of law.
Interpretation
The legal system often fails to protect marginalized groups from male dominance and can exacerbate trauma for victims.
Judith Lewis Herman critiques the legal system, arguing that while it is structured to safeguard individuals against state power, it inadequately defends women and children from male violence. The system's focus on the rights of the accused often comes at the expense of victims, creating an environment that can worsen their trauma rather than provide justice or healing.
In practice
During a discussion on gender-based violence and legal protections at a conference.
The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma.
Over time as most people fail the survivor's exacting test of trustworthiness, she tends to withdraw from relationships. The isolation of the survivor thus persists even after she is free.
... in practice the standard for what constitutes rape is set not at the level of women's experience of violation but just above the level of coercion acceptable to men.
It is justice, not charity, that is wanting in the world.
I am much happier fighting for justice than I ever was fighting for money.
Without justice, the most heinous crimes go unpunished; victims are unable to obtain redress, and peace remains an elusive goal, since impunity generates more hatred, leading to acts of revenge and more suffering.
People are tried and convicted in the newspapers and on television before they ever see a courtroom.
And so I would not enforce a law that would reject people and turn them away without giving them a fair and due process to determine if we should give them asylum and refuge.
I have almost reached the regrettable conclusion that the Negro's great stumbling block in the stride toward freedom is not the White Citizens Councilor or the Ku Klux Klanner but the white moderate who is more devoted to order than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice.
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