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.
Tenants don't have any right to court-appointed attorneys in civil court, so they're either facing their landlord - or his or her attorney - alone, or they just don't show up. That reflects a severe power imbalance.
Almost one in three Americans has had some contact with the criminal justice system. When you reach that saturation point, people begin to understand, in a very visceral way, the difficulties of reentry.
That's what justice represents to me - it's about empowerment of the people.
Justice is not to be taken by storm. She is to be wooed by slow advances.
The moral abhorrence of private prisons has been brought to our attention by courageous acts of investigative journalism, illuminating scholarship, and the work of activists who have decried the social stratification brought about by our prison systems.
I think our criminal justice system has two problems. We have systematic problems and we have people problems. So if the hearts of people are not about justice than any system you have won't work.
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