The class discussion of Max Weber this week was very interesting to me because it defines modern America so well. More amazing than that, Weber wrote all these things roughly 100 years ago.
What stood out for me the most was the idea that bureaucracy is the natural progression of a rational society. "...the characteristic principle of bureaucracy: the abstract regularity of the execution of authority, which is a result of the demand for ["equality before the law"] in the personal and functional sense - hence, of the horror of ["privilege"] ..." (Lemert; 84).
America is arguably a land of meritocracy governed by laws. There exists many social strata within her borders. More often than not, class is determined by wealth and fame. This wealth in turn creates a certain social privilege. Part of that privlege is that the laws and rules aren't applied evenly. The following link is one example of social privilege in America:
http://vtdigger.org/2013/10/02/newport-mayor-sentenced-community-service-fine-second-dui/
In this case a public official receives community service and a small fine for his second DUI. I'm trying to imagine someone of lower class receiving similar mercy. He didn't even lose his license.
So on the one hand we set up social structures, rules, and laws (bureaucracy) so that everyone gets a fair shake in our land - everyone gets treated equally before the law. But on the other hand, huge amounts anecdotal evidence exists that people of social privilege are treated differently. Lindsey Lohan, OJ Simpson, Marion Barry, Robert Downey Jr, Rush Limbaugh, are just a few high profile celebrities/politicians that reaped the benefits of social privlege. I'm sure you can think of many others.
I can easily believe that bureaucracy is the natural offspring of a rational society. While America is bureaucratic on so many different levels, and claims to be a land of equal liberty and justice, I'd submit we are living in only a partially rational society.
I would very much agree with you that when it comes to law, our criminal justice system is not always rational. Many times it is unpredictable and not very efficient. In Criminolgoy class we are discussing the conflict theory of crime. This theory argues that laws are set in place by the ruling class in order to control the lower class. Street crimes often have harsher consequences than white collar crimes in order to protect the higher class. Real crimes such as racism and sexism are not enforced. This theory applies very well to what you are talking about because the penalty of a crime sometimes depends on your status or how much money you have. This causes a big social class conflict.It is as if the more wealthier you are the more power of the law you have.
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