Preview

Gordon Victimization

Good Essays
Open Document
Open Document
798 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Gordon Victimization
Gordon argues that the system is neither natural nor necessary. Gordon agrees with Scheingold that the myth of rights makes it impossible to envision rights in any other way. Gordon feels the myth of rights is primarily that there is no mutually agreed upon set or rules that govern laws. The people are given small victories that keep the legitimacy of the system/ the myth of rights viable, while the repeat players use the law to oppress the one shotters (Gordon 1998).
The legal system is not equipped to handle the number of cases that are filed; therefore many cases are settled outside the courts. It can be more economical and less stressful to use private ordering to mediate the party’s claim. This may result in an agreement that is well
…show more content…
Victims of discrimination often do not want to believe that the victimization occurred purposefully by a knowing individual. They prefer to believe that the victimization was an accident (Bumiller 1987). Discrimination is often thought to be competitiveness within the workforce. Individuals, who cannot afford to lose their employment, and often their only source of income, do what is necessary to maintain their dignity and self-respect by avoiding the victim role (Bumiller 1987). Being viewed as a victim can generate feelings of low self-esteem, shame, weakness, and dependence on others. By making a claim the individual is forced to recognize their powerlessness in the situation. Bumiller argues this is a provocative claim that may not always be true. Most individuals would rather focus on their positive attributes rather than to think of themselves as a victim (Bumiller 1987 …show more content…
This may help eliminate the number of individuals who feel that the system is not only to complex, but that they are being looked down upon and victimized by the system. Increasing the accessibility to lawyers, specifically legal specialist, which tends to work for repeat players, would help provide equal access to adequate representation. This would improve the quality of the services OS receive in contrast to RP, and significantly improve their outcomes of litigation. This would allow OS to pursue their interest without taking an increased risk. Having a legal system that can be accessed more readily by all members of society will increase the legitimacy of the system. Scheingold’s myth of rights would no longer be valid if individuals could enact the protective legal measures required to secure their rights. The problem is not that these rights do not exist under the constitution, but rather that individuals can not access the protective legal measures to secure them. The problem persists that the RP (the Haves) have the authority to make the necessary changes, but they have no incentive to change the system in a way that jeopardizes their ability to remain in control (Galanter

You May Also Find These Documents Helpful

  • Good Essays

    Negotiation, mediation, and arbitration are methods to pursue in this case. Mediation is appropriate for this case because the mediator elevates the evidence to determine the best solution for both parties. The mediator promotes settlement for the case and indicates pointers to resolve the dispute. Cheeseman (2013) stated, “If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement. Execution of the settlement agreement ends the dispute. The parties,of course, must perform their duties under the settlement agreement. If an agreement is not reached, the parties may proceed to a judicial resolution of their case” (p. 54). “Litigation is a difficult, time-consuming, and costly process that must comply…

    • 604 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Bus Law 531 Week 1

    • 676 Words
    • 3 Pages

    Business owners know that high ligation costs and lengthy delays make it difficult and expensive to resolve business disputes in court. Alternative dispute resolutions are superior solutions for resolving business disputes and are normally settled before trial, which saves significant time and money. Alternative dispute resolution can be achieved by several approaches, which may include negotiation, mediation, and arbitration. Traditional litigation resolves disputes in the civil court system in which one party loses and one wins. Although litigation and alternative disputes resolution both have advantages, alternative dispute resolution is generally faster and less expensive. This paper will compare and contrast the traditional litigation with nontraditional forms of alternative dispute resolution.…

    • 676 Words
    • 3 Pages
    Good Essays
  • Better Essays

    While courts provide an essential service to our society, there are times when taking an issue before a court is not the best option. Litigation can be costly and time consuming; which is why Alternative Dispute Resolution (ADR) has become a valued form of handling legal matters, as it can help resolve a case more quickly and economically (Alford & Kaufman, 1999). Understanding ADR involves recognizing its purpose, looking to see how it can be applied in a situation, and supporting and understanding the provisions for which an ADR can effectively take place.…

    • 1151 Words
    • 5 Pages
    Better Essays
  • Best Essays

    Links for Business LAW

    • 204 Words
    • 1 Page

    Erickson, D. & Bowen, P. G. (2005/2006). Two alternatives to litigation: An introduction to arbitration and mediation. Dispute Resolution Journal, 60(4), 42-28.…

    • 204 Words
    • 1 Page
    Best Essays
  • Better Essays

    It is nearly impossible to avoid inheriting at least some of the racial, gender, and sexual-orientation biases that are inevitable within a society that privileges Whites, men and heterosexuals. Sue (2010) explains that racism exists on a continuum of conscious awareness. While biases can be displayed overtly through conscious and deliberate acts of discrimination, bias is more likely to occur in the form of unconscious, unintentional, and subtle discriminatory behaviours. Sue (2010) argues that this ambiguity makes microaggressions more harmful to the well-being and self-esteem of victims than overt discrimination. Victims must continually question, react to and interpret the meaning of these experiences on a daily basis (Sue,…

    • 965 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Booker T. Washington once said, "There is a class of colored people who make a business of keeping the troubles, the wrongs and the hardships of the Negro race before the public. Some of these people do not want the Negro to lose his grievances, because they do not want to lose their jobs." This statement exemplifies one of the problems with African Americans. Often individuals will call attention to the hardships that they (or their ancestors) have endured as a means of fostering and nurturing “an unfocused brand of resentment and sense of alienation” rather than for forging solutions. According to McWhorter, Victimology stems from a lethal combination of an “inherited inferiority complex with the privilege of dressing down the former oppressor”, and so African Americans find it necessary to highlight the inadequacies of others in order to detract attention from the…

    • 3195 Words
    • 13 Pages
    Powerful Essays
  • Better Essays

    When individuals are affected by discrimination, they experience anger, humiliation, frustration and a feeling of hopelessness. They are made to feel…

    • 1610 Words
    • 7 Pages
    Better Essays
  • Good Essays

    (2006). Workplace harassment: double jeopardy for minority women. Journal of Applied Psychology, 91(2), 426-436. DOI:10.1037/0021-9010.91.2.426 Women in the workplace, especially minority women, have had many more incidents with being harassed at work. Minority women call it a “double jeopardy” because they are harassed based on being a woman and being a minority, which both come with prejudice. Not only is being a minority woman an issue with harassment, but they are also paid much lower than even just a white woman. The research has four hypotheses; the first being that minority women are harassed more in the workplace, and the second being that there is no relationship between a minority woman and the amount of harassment that they face in the workplace. The third hypothesis is that minority woman, as opposed to white women, are harassed more, and the fourth is that women in general are harassed more in the workplace. The study done in this research was a survey that was sent out to 800 people of different male-dominated and female-dominated corporations. The survey measured different types of harassment, as in sexual, ethnic, and overall. One of the main control variables in this study was the dominant sex of the company. As a result, almost half of the responders reported having been harassed in the workplace, whether ethnically or sexually. Some limitations to this research study could have been the amount of people that they…

    • 1104 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In our world today, we experience discrimination all around us, everywhere we go. There is racism, hatred, people being told that they are too young to do something that they want to do, people being discriminated against, and etc. It is very sad and depressing and that is not how we should live our lives. In fact, I have been a victim of discrimination. In 7th grade, I really wanted to learn how to solve a Rubik’s Cube. I went to the store to buy a Rubik’s Cube and when I went to go pay for it the cashier says to me, “You are too young to learn how to do that. You will never learn.” I replied, “Wanna bet?” This encouraged me to want to learn to figure it out even more. His discouragement/him discriminating against me, ended up encouraging me to want to learn how to solve it even more. This is the truth with everyone. Discrimination hurts and it is hard to deal with. From the book, The House on Mango Street and the short story, “By Any Other Name”, the girls in the stories are treated horribly, discriminated against, disrespected, and are victims of prejudice, because of this we learn that discrimination hurts and effects the way that we live our lives in a negative manner.…

    • 1312 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Ben Carson Paper

    • 1671 Words
    • 7 Pages

    Throughout his impressive career Dr. Ben Carson wrote four bestselling books. He revealed his book “The Big Picture” to the world in 2000. In it he writes about the victim mentality and how he see’s minorities everyday struggle with this. Carson describes these “victims” of the mentality as people who: “Have a small-picture perspective on hardship--because that is what a victim mentality is. It is a short-range, self-centered, limited outlook, where the zoom lense of your attention stays so focused on the closest, most immediate obstacles that nothing else can be seen” (CARSON BOOK). Meaning people who fall under this mentality typically blame everyone else for their hardships instead of self-reflecting; essentially becoming the “victim” of any obstacle placed in front of them. Victims never view themselves as responsible for seemingly impossible obstacles, and assume little to no responsibility for solving those problems.…

    • 1671 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    Example they are not victims of direct discrimination rather they are the victims of indirect discrimination.…

    • 2886 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Often when a person thinks of discrimination, they think of discrimination against different races, however, there are different types of discrimination that exists in our society, regardless of skin color, wealth or social status. There are different types of discrimination such as, race, religion, sexual orientation, height, weight and more (Dempsey pg. 197). There are no limits where discrimination takes place and unfortunately it can take place at the store, church, on the street and even in the work place.…

    • 1743 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Discrimination can have many negative effects on an individual and can seriously damage self-esteem. The effects can manifest…

    • 2054 Words
    • 9 Pages
    Good Essays
  • Good Essays

    Most individuals prefer to see their own victimization as the most major oppressions and value others as less important. Thus if each individual creates a major oppression, the result is a society with multiple systems of oppression that surrounds everyone’s lives. Thus for example in a system that we place African American women in the center analyzing, white women would be benefited by their race but punished by their gender. Thus an individual can be both oppressed or an oppressor depending on his situation in…

    • 624 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Oppressive Unjust Laws

    • 964 Words
    • 4 Pages

    Unjust laws have very damaging impacts on the targeted population. One of the most harmful effects these discriminatory laws have on the oppressed is the damaging of self-esteem and confidence. When these two very important aspects of a person is damaged, it becomes very difficult to fight against these ordinances. This has been experienced throughout…

    • 964 Words
    • 4 Pages
    Good Essays